Wrongful Death Attorneys Serving Phoenix & All of Arizona
Whether it is a traffic accident, an unsafe worksite, or a dangerous consumer product, fatal accidents occur every day. In fact, the CDC reports that fatal accidents were the third-leading cause of death in 2022, taking the lives of 227,039 Americans. Sadly, many of these accidents occur due to someone’s negligence. When that happens, the Phoenix wrongful death lawyers at Burg Simpson are here to help you get justice.
Burg Simpson has decades of experience honoring our clients’ lost loved ones. We provide knowledgeable and determined representation and utilize our many resources to pursue accountability for the defendant(s) and the compensation needed to support you throughout your crisis and heartache. With more than $2 billion won for our clients, you can trust that we will give our all to your wrongful death case.
If you have suffered the unimaginable loss of a family member because of an accident, get in touch with a Phoenix wrongful death lawyer as soon as possible. Call Burg Simpson’s Arizona office at 602-777-7000, contact us online, or fill out our Free Case Evaluation form right now.
With a FREE and confidential case evaluation, we can establish the viability of your claim and create a plan to secure the justice and compensation you deserve. We compassionately represent clients in Phoenix and throughout Arizona.
What Is Wrongful Death?
Losing a loved one is always difficult, leaving you with heartache and sorrow. A wrongful death denotes that there are other factors involved in your loss. Specifically, that the death was caused by the negligence or wrongful act of another.
A wrongful death claim is a civil action taken against the negligent party(ies) for damages related to the death of your loved one. Certain family members and dependents may be eligible to receive compensation for their loss. These could compensate for the loss of financial support, funeral expenses, and pain and suffering (among others).
No amount of money can make up for your loss. The compensation sought through a wrongful death lawsuit may provide some sense of justice and financial support while you struggle through your grief.
What Is an Example of a Wrongful Death?
A driver goes to a bar and has several drinks before getting back behind the wheel of their car. On the way home, they veer into the oncoming lane and cause a head-on collision with another vehicle. The driver of that car is rushed to the emergency room but does not survive the crash. This is an instance in which the devastated family members could have a strong case for wrongful death compensation.
A patient is admitted to the hospital for a routine gallbladder removal. Due to a mix-up in hospital records, the patient undergoes a cardiac procedure instead. The unnecessary surgery leads to complications that result in the patient’s death. The family, reeling from this horrific oversight, could file a wrongful death lawsuit against the hospital and the surgical team for negligence.
What Is the Wrongful Death Statute in Arizona?
Arizona’s wrongful death statute is laid out in A.R.S. § 12-611–12-613. This law defines wrongful death as “caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages.” Further, the party or entity that would have been held liable in the personal injury action should be the liable party in the wrongful death lawsuit.
This law provides the deceased’s family members with an avenue to compensation for the unjust death of their loved one. It explains who can make a claim for wrongful death compensation and how damages are decided.
Causes of Wrongful Death
Wrongful death is considered to be any death resulting from the “wrongful act, neglect or default” of another party or entity. The causes of these tragic endings can vary greatly. Some of the most common causes of wrongful death include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Accidental Poisonings
- Medical Malpractice
- Workplace Accidents
- Defective Products
- Criminal Acts
- Marine Accidents
- Drowning Accidents
- Premises Liability (slip and falls)
- Aviation Accidents
Other less common causes of wrongful death include dog bites, carbon monoxide accidents, explosions, and defective playground equipment.
The unfortunate reality of losing a loved one is that we barely have time to grieve. Between settling the estate and preparing a funeral and burial, there are mere moments available to process our loss and heal. When the death is a result of someone else’s negligence, that healing becomes impossible without some sort of justice.
In these instances, the assistance of an experienced wrongful death attorney in Phoenix can be a light in the dark. They aim to bring you the maximum compensation you deserve for your losses. This cannot make up for the love you have lost, but it can help give you financial security while you regain your balance.
Who Can Sue for Wrongful Death in Arizona?
Arizona law outlines who is eligible to file a wrongful death lawsuit. These parties—called the statutory beneficiaries—include:
- Immediate Family Members: The surviving spouse, children, parents, or guardians are all eligible to pursue compensation.
- Personal Representative: A personal representative can file on behalf of the family members or the estate if there is no surviving family.
- Parents of a Deceased Child: Either of the parents or the guardian of the child may file under these terrible circumstances.
Compensation received in a wrongful death action is distributed among the eligible parties according to the extent of their damages. If the lawsuit benefits the decedent’s estate, the recovered amount becomes an asset of the estate.
The personal representative could be anyone who has received the appropriate authority to administer the deceased’s estate, whether granted in Arizona or another state. They can initiate a wrongful death action without needing additional legal authorization. However, only a family member or a personal representative is permitted to file an action, not both concurrently.
What Is the Burden of Proof in a Wrongful Death Lawsuit?
The burden of proof in a wrongful death case lies squarely on the shoulders of the plaintiff. Unlike criminal cases, which require proof “beyond a reasonable doubt,” civil actions only require “a preponderance of evidence.” This means that it is more likely than not that the defendant was responsible for the tragedy.
To meet the burden of proof in your case, four elements must be demonstrated:
1. Duty of Care
You must establish that the defendant had a duty of care to the victim. This means they had a responsibility to act reasonably to prevent harm. The extent of this duty will differ depending on the specifics of the situation.
For instance, drivers have a duty of care to other drivers on the road. They must follow traffic laws and drive safely to avoid harming others.
2. Breach of Duty
You must show that the defendant violated their duty of care. The evidence of this can be found in their negligent, reckless, or intentionally harmful actions.
3. Causation
You must demonstrate the direct line between the negligent behavior and the injuries suffered by the deceased.
4. Damages
Lastly, there must be damages suffered due to the death of your loved one. These could be evidenced in the form of pain and suffering, loss of companionship, loss of financial support, etc.
What Evidence Should Be Admitted in a Wrongful Death Suit?
Satisfying this burden of proof requires adequate evidence. Evidence that supports your claim will vary depending on the circumstances but may include:
- Medical records
- Clothing worn at the time of the injury
- Photos & videos of the accident, scene, and/or damage done (traffic cams, surveillance footage, cell phone images, etc.)
- Wage statements
- Tax returns
- Police report
- Autopsy report
- Death certificate
Trying to assemble a wrongful death claim is overwhelming, especially considering the stress and sadness you are already facing. The trustworthy wrongful death lawyers at Burg Simpson can assist. We will guide you through this process, shouldering what we can to ease your burden.
Common Damages Recoverable in a Wrongful Death Case
The passing of a loved one can bring emotional and financial strain upon the entire family. When the death is a result of negligence or wrongdoing, the survivors deserve restitution. Though it will not heal your heart, it will offer relief and allow you to grieve and heal.
In Arizona, there are two types of wrongful death damages:
Losses Suffered by the Victim’s Estate
- Funeral/burial costs
- Medical expenses incurred during treatment before death
- Lost income
- Repair/replacement of any real property that may have been damaged in the accident
- Pain & suffering
Losses Inflicted on the Surviving Family Members
- Loss of household services
- Loss of care, companionship, and/or guidance
- Pain & suffering
No one should have to lose a person they love because of someone else’s negligence. A wrongful death attorney in Phoenix can help you gather the documentation you need to prove these damages and ensure you seek the maximum compensation for your terrible losses.
Steps in an Arizona Wrongful Death Claim
It can be helpful to get a sense of what lies ahead when considering a wrongful death claim in Arizona. The wrongful death attorneys at Burg Simpson will guide you through this process and answer any of your questions.
The steps of your claim include the following:
1. Investigation
At this stage, your lawyer will help you collect evidence and consult with experts if necessary. This means ensuring you have all the documentation needed, searching out video and photo evidence, talking with reconstructionists, doctors, and other experts depending on the circumstances, taking witness statements, and researching case law.
2. Pre-Litigation
Not all cases will need to go to trial. In some instances, your attorney may be able to negotiate a fair wrongful death settlement without going to court. They will take what they have found during the investigation phase to create a solid case for compensation and then craft a formal demand for damages.
Should the liable party agree to settle outside of court, your lawyer will negotiate to ensure you are getting what you deserve. If it proves impossible to come to an agreement, they will prepare to serve the defendant(s) with a civil complaint and summons.
3. Litigation
After the complaint and summons have been served, the defendant(s) will send their answer or response to the allegations. All of these documents together are known as the pleadings.
Next is the discovery phase. This step allows both sides to gather information through tools like interrogatories, requests for production, and depositions. If disputes arise during discovery, a motion can be filed to compel compliance. Judges can impose sanctions for non-compliance, which may include financial penalties.
4. Settlement or Lawsuit?
Even at this point, arbitration or a settlement are still options. As more is revealed in discovery, it can give both parties a better idea of the strengths and weaknesses in their case. However, should there continue to be a failure to reach an agreement, the only next step is to continue to trial.
5. Trial
The skilled wrongful death attorneys at Burg Simpson have vast trial experience and are always ready to take your case to court should that be in your best interest. We want to help you through this devastating time and hold the liable party(ies) accountable for the pain they have caused. Sometimes, this means finding a way to a wrongful death settlement. Other times, it means fighting tooth and nail to secure the compensation you rightfully deserve.
At a FREE and confidential case evaluation with Burg Simpson, we can further explain the ins and outs of this process and discuss the viability of your claim. We understand how hard this is and aim to help you get the financial support you need to move forward.
What Is the Statute of Limitations for Wrongful Death in Arizona?
The statute of limitations is a time limit set for filing a legal action. Should you attempt to file a wrongful death lawsuit outside of this period, your case will most likely be dismissed. These limitations ensure that cases are presented while evidence and memories are still fresh.
The statute of limitations for a wrongful death case in Arizona is two years. However, this does not mean you have time to wait before talking to a Phoenix wrongful death attorney. It takes time to build a case, and negotiations could drag on. Consulting a lawyer as soon as possible gives them the opportunity to construct a strong claim for the compensation you deserve.
How Successful Are Wrongful Death Cases?
The success of a Phoenix wrongful death case depends on a variety of factors, including:
- Evidence
- Expert witnesses
- Amount of rightful damages
- Defendant’s resources
- Settlement offers
- Attorney’s experience and success rates
- And more
Many elements come together to make a wrongful death lawsuit successful. Most importantly, among them is having the right legal representation. Consulting a Phoenix wrongful death attorney early on can ensure that evidence is preserved, deadlines are met, and negotiations are handled skillfully.
If a claim must go to trial, the attorneys at Burg Simpson can build a robust case and present it with passion and authority. The wrongs you have suffered should not go unnoticed. Hold the negligent party(ies) accountable and pursue the compensation you need to start moving forward.
Contact Our Phoenix Wrongful Death Lawyers Today
If you have lost a loved one because of someone’s negligence, consult a Phoenix wrongful death lawyer today. Get the justice and rightful compensation you deserve for your terrible losses. Though money can never heal your pain, something must be done to acknowledge these wrongs and support you while you grieve.
The attorneys at Burg Simpson have more than 45 years of experience and success handling wrongful death claims. We are committed to our clients during this difficult time. Allow us to utilize our local knowledge and national resources in your favor.
Call our Phoenix office as soon as possible at 602-777-7000, contact us online, or fill out our Free Case Evaluation Form on this page. Schedule a FREE and confidential case evaluation to determine the best course of action.
