Wrongful Death Attorney in Phoenix

Wrongful death refers to a fatality caused by another party’s negligence, recklessness, or intentional misconduct. While every case is unique, certain scenarios frequently lead to wrongful death lawsuits in Phoenix:

• Motor Vehicle Accidents: Car, motorcycle, and truck crashes remain among the most common causes of accidents.
• Workplace Accidents: Industrial, construction, and occupational hazards can lead to fatal injuries when safety protocols are ignored.
• Medical Malpractice: Surgical errors, misdiagnoses, and medication mistakes can sometimes result in patients losing their lives.
• Product Liability: Defective machinery, dangerous pharmaceuticals, or unsafe consumer products can cause deadly harm.
• Premises Liability: Unsafe properties, such as poorly lit parking lots or unsecured buildings, pose a risk to visitors.
• Nursing Home Negligence: Abuse and neglect in long-term care facilities can tragically shorten lives.
• Other Causes: Aviation crashes, toxic exposure, recreational accidents, or even intentional violence may also qualify.

These examples show that wrongful death cases in Arizona can span nearly every industry and setting. Proving negligence typically requires establishing that the responsible party owed a duty of care, breached it through negligent actions, and directly caused the fatality.

Under Arizona law, specific individuals are eligible to bring a wrongful death lawsuit. This usually includes surviving spouses, children, and parents of the deceased. In some cases, a personal representative of the estate may also file. Multiple family members can share in any compensation recovered, although the distribution is subject to Arizona statutes and may be overseen by the probate court.

Filing a claim involves several key steps:

• Investigation: Gathering police reports, medical records, employment documents, and witness testimony.
• Identifying Liability: Determining whether negligence lies with an individual, employer, corporation, manufacturer, or another party.
• Filing the Lawsuit: Arizona’s statute of limitations gives families two years from the date of death to file a claim. Missing this deadline usually means losing the right to recover compensation.
• Discovery and Expert Testimony: Attorneys frequently collaborate with expert witnesses, such as accident reconstructionists, medical professionals, or economists, to construct a compelling case.
• Settlement or Trial: Many cases resolve through negotiation with insurance companies; however, if a fair settlement isn’t offered, Morgan & Morgan is prepared to take the case to trial.

On average, wrongful death cases in Phoenix may take several months to a few years to resolve, depending on complexity and whether litigation is necessary.

Surviving families may be entitled to both economic and non-economic damages, which can include:

• Medical Costs: Expenses incurred if the victim received treatment before passing.
• Funeral and Burial Costs: Direct reimbursement for end-of-life arrangements.
• Loss of Financial Support: Compensation for wages and benefits the deceased would have contributed.
• Loss of Companionship: Recognizing the emotional and relational toll on surviving family members.
• Pain and Suffering of the Deceased: If they endured suffering before passing.
• Punitive Damages: Awarded in rare cases where the defendant acted with extreme recklessness or intent.

Arizona does not currently impose statutory caps on wrongful death damages, allowing juries to consider the full impact of the loss.

A common concern families have is whether they can still recover damages if their loved one was partially at fault. Arizona follows a comparative negligence rule, meaning compensation may be reduced in proportion to the deceased’s share of fault, but it does not eliminate the right to pursue recovery altogether.

It’s important to distinguish wrongful death claims from survival actions. A wrongful death lawsuit compensates surviving family members for their own losses. A survival action, by contrast, allows the deceased’s estate to pursue damages the victim could have claimed had they lived, such as medical bills or lost wages incurred between the injury and death. Many cases involve both types of claims.

Wrongful death claims often require negotiation with insurers representing negligent drivers, corporations, or healthcare providers. Insurance companies may attempt to deny liability, minimize payouts, or argue that the victim had pre-existing conditions. Having an experienced Phoenix wrongful death attorney ensures that insurers are held accountable and pressured to pay fair compensation.

Beyond the legal process, grieving families often face immense emotional strain. Arizona offers support through organizations like grief counseling centers, victim services, and community resources. While financial compensation cannot replace a loved one, it can help alleviate the burden of unpaid bills and lost income, allowing families to focus on healing.

With over 35 years of experience and $25 billion recovered for clients nationwide, Morgan & Morgan is America’s largest injury law firm. We have the resources to take on powerful corporations, insurance companies, and individuals who are negligent. Our Fee Is Free™ promise means families never pay upfront costs; we only get paid if we win.

If you’ve lost a loved one due to negligence in Phoenix, don’t wait. Arizona’s statute of limitations provides families with a limited amount of time to act, as evidence becomes increasingly difficult to gather with the passage of time. Contact Morgan & Morgan for a free, no-obligation case evaluation. We’ll guide you through every step of the process and fight for the justice your family deserves.