Phoenix Wrongful Death Lawyer

Phoenix Wrongful Death Lawyer

State law in Arizona defines wrongful death as a fatality caused by the negligence or misconduct of another person or a company.  A wrongful death claim allows surviving family members and statutory beneficiaries to hold the at-fault party liable and recover compensation for the losses they sustained.  Do not go through the hassle of filing a wrongful death claim alone. Get help from a Phoenix wrongful death lawyer at Burch & Cracchiolo, P.A.

What might constitute a wrongful death claim?

Any type of death that was avoidable and resulted from another party’s negligence can be a wrongful death.  Common cases include:
•    Road accidents involving cars, trucks, motorcycles, or bicycles.
•    Medical malpractice
•    Defective products
•    Workplace accidents
•    Adult Protective Services Act Violations
•    Nursing Home Negligence

A Phoenix wrongful death attorney experienced in wrongful death litigation can help you determine whether you have a valid claim.

Experienced Phoenix Wrongful Death Attorney

Who can file a wrongful death claim?

The statutory beneficiaries may file a wrongful death claim pursuant to A.R.S. § 12-611, et. seq.  Generally, the statutory beneficiaries can file within two years after the date of passing.  However, there are exceptions to the general rule.  If you believe you have a wrongful death matter, contact an attorney today.  

What is a survival action? How is it different from a wrongful death claim?

A representative of the decedent’s estate can also file a “survival action,” which is a continuation of a previous claim. For example, if your loved one survived a car accident, filed a claim for that accident, and later succumbed to his injuries, a personal representative can continue that claim.

Families file wrongful death lawsuits seeking compensation for losses due to the loved one’s death. Survival actions, on the other hand, pursue compensation on the deceased’s behalf for costs such as medical expenses preceding death and funeral costs.

Wrongful death claims benefit surviving family members; survival actions benefit the estate.

What can I recover from a wrongful death claim in Arizona?
In some cases, the court might order a person or company found liable in a wrongful death case to pay punitive or “exemplary” damages in addition to the typical economic and noneconomic damages if the plaintiff can prove the defendant acted with “willful and wanton conduct.”

Trusted Phoenix Wrongful Death Law Firm

With all the stress and trauma a loved one’s loss will cause, it is important to entrust your legal pursuits to an attorney with experience in Arizona’s court system. Contact a Phoenix wrongful death lawyer at Burch & Cracchiolo, P.A.