Prescott Wrongful Death Lawyers

When a close relative's death is caused by the careless or reckless actions of another party or entity, the surviving family members of the deceased may have the right to bring a wrongful death claim. This type of case allows survivors to seek compensation for the economic and non-economic damages they have suffered. With the guidance of a compassionate and skilled lawyer, survivors can navigate the complexities of the legal process and hold at-fault parties accountable.

Contact an experienced Prescott wrongful death attorney for a free consultation to learn how they can support your family during this difficult time.

What is the Purpose of a Wrongful Death Claim?

While no legal action can undo the loss of a family member or undo the emotional pain endured by survivors, filing a wrongful death claim can provide support during a difficult time. Here are key reasons to consider bringing a case after losing a loved one in a fatal accident:

• Acknowledgement of Loss: A wrongful death case formally recognizes the impact of the loss on survivors. It validates their grief and the wrongful nature of the loss, honoring the memory of the decedent.
• Accountability and Justice: Filing a case holds the negligent party accountable for their actions. This acknowledgment of wrongdoing can bring a sense of justice to grieving families and ensure the at-fault party faces consequences for their behavior.
• Financial Stability: The loss of a close relative may result in significant financial hardship, particularly if the decedent was the primary provider of the family household. A wrongful death action can seek compensation for loss of financial support, funeral costs, and other damages.

Bringing a wrongful death lawsuit can offer justice and the hope of creating safer conditions for others in the community, reducing the likelihood of similar tragedies in the future. This may provide a sense of closure for surviving family members, allowing them to focus on emotional healing.

What Qualifies as Wrongful Death?

A death is deemed “wrongful” when it occurs due to the reckless or negligent actions of another individual or entity. Wrongful death claims are civil cases initiated by the surviving family members or beneficiaries of the decedent. These cases seek compensation for the economic and non-economic damages survivors have endured as a result of the untimely death. The following circumstances may form the basis of a wrongful death action in Arizona:

• Negligent Driving: Reckless or careless behavior that contributes to motor vehicle collisions, including big rig crashes, car wrecks, motorcycle accidents, and more.
• Nursing Home Neglect: Inadequate care or mistreatment may lead to injuries that prove fatal.
• Faulty Products: Fatalities caused by dangerous or malfunctioning products.
• Property Hazards: Deaths linked to poorly maintained or unsafe premises.

How is Wrongful Death Proven in Arizona?

To bring a successful wrongful death claim in Arizona, it must be established that an individual’s death has occurred. Additionally, plaintiffs must demonstrate the following elements:

• Duty of Care: Evidence must demonstrate that the defendant owed a duty of care to the deceased. A duty of care refers to the legal obligation an individual has to act with reasonable care to prevent harm to others, such as following traffic laws.
• Breach of Duty: Plaintiffs must show through clear evidence that the defendant owed a duty of care to the decedent and failed to uphold that duty. For instance, in a fatal motor vehicle collision, evidence may include negligent driving behavior or violations of traffic laws.
• Causation: A clear and direct connection must exist between the opposing party’s actions and the decedent’s passing. Plaintiffs must prove that the defendant’s conduct was a substantial factor leading to the fatality.
• Damages: Surviving family members must demonstrate damages stemming from the unexpected death. These damages may include economic and non-economic damages, such as funeral expenses, costs of end-of-life care, loss of financial support, and mental anguish.

Strong evidence is the basis of a successful wrongful death case, as it helps establish the key elements of duty of care, breach, causation, and damages. Witness testimony can provide firsthand and unbiased accounts of the incident, shedding light on the defendant’s conduct. Expert analysis, such as testimony from an accident reconstruction specialist, can clarify complex details and demonstrate causation. Together, these forms of evidence build a compelling case.

Who Can File for Wrongful Death in the State of Arizona?

In Arizona, a wrongful death claim can be brought by specific individuals who have a close relationship with the decedent, as outlined in A.R.S. 12-612. These include:

• Spouse: The surviving spouse of the deceased has the legal right to bring a claim for wrongful death.
• Children of the Deceased: Both minor and adult children can file a case for the loss of a parent.
• Parents of the Decedent: If the deceased person was unmarried and without children, their parents may have the right to file.
• Personal Representative of the Estate: The personal representative or executor of the decedent’s estate may file a claim on behalf of beneficiaries or survivors.

If you are unsure if you meet the filing criteria, contact an experienced Prescott wrongful death attorney for a free consultation to understand your rights and options for recovery.

Recoverable Damages in a Fatal Accident Case

In a wrongful death case, eligible surviving family members may be entitled to recover economic and non-economic damages related to the loss of their loved one. These include:

• Medical Bills: Costs of care and treatment incurred until the decedent’s passing.
• Funeral and Burial Costs: Expenses related to the final resting arrangements for the deceased.
• Loss of Financial Support: Income the decedent would have provided to the family household if not for the fatal accident.
• Loss of Companionship: Compensation for the loss of familial relationships due to the unexpected death of a family member.

In cases of egregious conduct, punitive damages may be awarded to punish the at-fault party and to deter future misconduct. For more details, contact a skilled wrongful death attorney in Prescott.

Understanding the Statute of Limitations for Wrongful Death Cases in Arizona

The statute of limitations, or the time limit allowed to file a case, is generally two years for wrongful death in Arizona. This means that survivors or the personal representative of the decedent’s estate must file a case in civil court within this time frame to protect their right to seek damages. If the case is not filed within the applicable statute of limitations, the court may dismiss the case, ultimately resulting in the family losing the opportunity to obtain justice and financial recovery.

There are certain exceptions that may apply. In cases where the defendant is a government agency, the time limit to file a notice of claim is six months from the date of the fatal incident. To ensure that all deadlines are met, and the fatal accident case is handled properly, it is important to consult with an experienced wrongful death lawyer in Prescott, Arizona, as soon as possible. Schedule a free consultation by calling our law office or messaging us online.

Learn How a Prescott Wrongful Death Attorney Can Help

Losing a loved one is an incredibly emotional and challenging experience. At Southwest Injury Law, we are committed to providing compassionate guidance and support throughout the legal process. Understanding the delicate nature of these cases, our dedicated legal team works diligently to help survivors obtain the justice they deserve. When you need a skilled Prescott wrongful death attorney your family can trust, turn to our law firm. Call for a free consultation at (602) 777-3300.