Wrongful Death Attorneys in Phoenix
Losing a loved one under any circumstances is traumatic and difficult. When your family member suffers an untimely and unnecessary death due to someone else’s negligence, it is even more difficult for your family. During this difficult time, you need someone to help you and your family seek justice and financial compensation. You need the support of a Phoenix wrongful death lawyer from Gallagher & Kennedy.
While the legal process may not be the first thing on your mind, it is something you must address. Even if you are not thinking about money now, you may feel an immense financial loss that you need to recoup from the legal process in the coming days. In addition, monetary compensation is also a way to get justice from the person responsible for your loved one’s death.
Seeking Justice After a Wrongful Death in Phoenix
Phoenix personal injury cases seek compensation when you have suffered a loss or injury because of someone else’s wrongful actions. In a wrongful death claim, the loss your family has suffered is the death of a loved one. The untimely death of a family member has a devastating effect. It hurts you financially, and families are never the same.
Filing a wrongful death action means your family must prove that someone else caused your loved one's death. Like every personal injury case, you demonstrate liability by proving negligence. Your attorney must show that someone else acted unreasonably under the circumstances.
Here are some examples of things that courts may consider negligence in a wrongful death case:
- A driver runs a red light and hits your loved one on the driver’s side in a T-bone crash.
- A doctor fails to anticipate risk factors and does not order an emergency c-section, resulting in the death of a child or mother in the delivery process.
- A truck driver falls asleep behind the wheel because they were violating hours of service rules and hits your family member in a head-on crash.
- A driver does not see a crosswalk because they are looking down at their phone, and they hit your loved one crossing the road.
- A restaurant owner does not limit the number of people on a patio, and your loved one loses their life in a deck collapse.
Types of Phoenix Wrongful Death Claims We Handle
At Gallagher & Kennedy, our Phoenix wrongful death lawyers have helped grieving families file claims and lawsuits seeking justice. We know the obstacles you face after losing a loved one. We work quickly to help you overcome those obstacles and collect the compensation you need to move forward. Some of the wrongful death claims we have handled include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Premises liability cases
- Medical malpractice claims
- Bicycle accidents
- Pedestrian accidents
How Do I Prove a Wrongful Death Case?
Wrongful death occurs under Arizona law when a fatality results from someone else's wrongful act, neglect, or default. A claimant may have the right to bring a wrongful death claim against the responsible party if the deceased would have had grounds to file a personal injury claim had they survived.
Proving a wrongful death case is a complex process. It typically requires gathering evidence to show that someone else's negligence or intentional actions caused the death. Working with an experienced Phoenix wrongful death attorney is essential. Your attorney must establish the following:
Duty of Care
Your attorney must show that the defendant owed a duty of care to the deceased. This duty of care could vary depending on the circumstances, such as in medical malpractice, car accidents, or other situations.
Breach of Duty
Your lawyer needs to demonstrate that the responsible party breached their duty of care through negligence, recklessness, or intentional actions. This may involve showing that the defendant failed to meet the standard of care expected in the given situation.
Causation
Your attorney must establish a direct link between the breach of duty and the death. They need to show that the actions or negligence of the defendant directly caused or substantially contributed to the death.
Damages
Your attorney must prove the specific damages your family suffered. This includes economic damages such as medical expenses and funeral costs. It also includes non-economic damages like pain and suffering and loss of companionship.
To prove these elements, your attorney will collect evidence such as medical records, witness statements, and accident reports. They may also consult expert witnesses, including medical professionals or accident reconstruction specialists, to support your claims.
The specific requirements for proving a wrongful death case vary by jurisdiction and the nature of the incident. An experienced Phoenix wrongful death lawyer will piece together what occurred and build a strong case for a lawsuit or insurance claim.
What Wrongful Death Damages Can You Claim in Phoenix?
A wrongful death lawsuit pays your family for what they have lost, not what the deceased person went through.
When your loved one dies unexpectedly, your family can suffer in many ways, and you may be able to recover compensation for damages such as:
Economic Damages
- Medical Expenses: This may include the costs of medical treatment and care for the deceased person before their death.
- Funeral and Burial Expenses: The expenses related to the funeral service and burial arrangements may be claimed.
- Lost Earnings: If the deceased was the primary breadwinner, the family may seek compensation for the lost wages and potential future earnings.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical and emotional pain the deceased experienced before their death.
- Loss of Consortium: This refers to the loss of companionship, love, and support that the surviving family members experience.
- Emotional Distress and Mental Anguish: Family members may seek damages for the emotional trauma and distress caused by the wrongful death.
Punitive damages
In rare cases, the court may award punitive damages if the defendant acted with extreme negligence or wanton disregard for human life. Punitive damages are meant to punish the wrongdoer. The court awards them at its own discretion, and there is no guarantee you will receive them.
Each wrongful death case is unique. How much compensation you could receive depends on the circumstances. Arizona law has specific provisions and limitations regarding wrongful death claims. Consulting with an experienced wrongful death attorney in Phoenix is essential for accurate, personalized guidance.
Understanding Arizona’s Wrongful Death Laws
What to Know When Filing a Wrongful Death Claim
Arizona’s wrongful death laws are designed to give surviving family members a legal path to accountability when a person dies because of someone else’s negligence. While the statutes can be technical, the core idea is simple: if the deceased could have filed a personal injury claim had they survived, their eligible survivors may now bring that claim on their behalf.
Who Can File a Wrongful Death Claim?
Under Arizona law (A.R.S. § 12-612), only specific individuals may file a wrongful death claim:
- The surviving spouse
- The surviving children
- The surviving parents or guardians
- The personal representative of the estate (when no qualifying family member is available)
Arizona law only allows for one wrongful death lawsuit against a defendant. The family members must join one case and work together to advance the lawsuit. The hope is that everyone can agree on the necessary actions. Arizona law does not allow siblings, grandparents, life partners, or extended family to file unless they are also the personal representative of the estate
How Fault Works in an Arizona Wrongful Death Claim
Arizona follows a pure comparative fault system. This means compensation is reduced by the percentage of fault assigned to the deceased, but the family can still recover damages even if their loved one was found mostly at fault.
Example:
If damages total $500,000 and the deceased is found 20% at fault, the recoverable amount is $400,000.
Deadline to File a Claim (Statute of Limitations)
Most wrongful death cases must be filed within two years of the date of death (A.R.S. § 12-542).
Shorter deadlines may apply if:
- The claim involves a public entity
- The death occurred due to a government employee
Failing to file in time almost always prevents recovery, which is why early evaluation is essential.
What is a Survival Action?
In some cases, you may seek compensation for what your loved one endured between their accident and death if your loved one did not die immediately. These claims are called survival actions.
For example, in a product liability case for a dangerous medication, your loved one may have lived for years with cancer before they eventually succumbed to it. The responsible party must also pay for these damages. Instead of the family filing a wrongful death claim, the deceased person’s estate will file a survival action. The decedent’s personal representative can file these claims on behalf of the decedent’s estate.
Damages in a survival action may include:
- The medical bills necessary to treat your loved one
- Income that they did not earn between the time of their injury and death
- The pain and suffering that they endured as a result of their injury
- The loss of enjoyment of life between their injury and death
Your loved one’s estate will divide the damages from a survival action per their will’s terms.
Settlement Options in a Phoenix Wrongful Death Claim
The money you receive in a wrongful death settlement must last. It needs to support your family long-term. There is generally no more where it came from. You will need to plan carefully. There are two main options for receiving your proceeds:
- A structured settlement that pays you money over time. Some families prefer this if managing a lump sum is difficult.
- A lump sum payment. If you choose this option, seek financial advice about preserving and managing the funds.
How Can a Lawyer Help with My Wrongful Death Claim?
Your family does not have to go through this process alone. Gallagher & Kennedy is one of Arizona's most respected wrongful death practices. We have helped hundreds of families over the last 25 years cope with the legal issues that follow the loss of a loved one. Our legal team is here to hold individuals and entities responsible for their misconduct.
The insurance company wants to protect its bottom line, not pay your family the full damages their policyholder's carelessness caused. Without an attorney, you may recover far less than you deserve.
Here is what a Phoenix wrongful death attorney from Gallagher & Kennedy can do for your family:
- Spare you and your family from the legal details during this challenging time
- Investigate the circumstances behind your loved one's death and gather the evidence needed to prove liability
- File a lawsuit or insurance claim on your family's behalf
- Estimate the damages your family has suffered as a starting point for negotiations
- Negotiate a fair settlement after filing a lawsuit or insurance claim
- Try your case before a jury if a settlement cannot be reached
At Gallagher & Kennedy, we help you every step of the way with compassion and a commitment to the best client service possible.
Why Choose Gallagher & Kennedy for Your Phoenix Wrongful Death Case?
Contacting an experienced wrongful death lawyer in Phoenix is the first step in the legal process. The team at Gallagher & Kennedy is ready to help surviving family members pursue financial compensation through a civil claim or wrongful death lawsuit.
With more than 45 years of experience, our Phoenix wrongful death attorneys have the skills and resources to handle your case effectively and pursue the full compensation your family deserves.
Our Results
Our law firm is proud to have obtained considerable financial compensation for grieving families through wrongful death cases, including:
- $1.55 million for a fatal bicycle crash
- $3 million for a fatal aircraft accident
- $2.25 million for a young inmate who suffered fatal medical negligence in jail
We have also recovered many other substantial settlements and verdicts for surviving family members, and we are fully prepared to help you get the maximum amount allowed under Arizona wrongful death law.
Wrongful Death Dangers in Phoenix
There are many risks of wrongful death around Phoenix, including high-speed crashes on I-10, swimming pool accidents, or pedestrian collisions at 75th Avenue and Indian School Road. No matter how your loved one died, always take time to learn about your legal rights. We’re here to help, so reach out today.
Frequently Asked Questions About Wrongful Death Claims in Arizona
Who is allowed to file a wrongful death lawsuit in Arizona?
Under Arizona law (A.R.S. § 12-612), only specific individuals may bring a wrongful death claim: the surviving spouse, surviving children, surviving parents, or a court-appointed personal representative. Arizona allows only one wrongful death action, so eligible family members must join a single claim.
How do I know if my family has a valid wrongful death case?
A wrongful death claim exists when someone's negligent, reckless, or wrongful act caused a death that could have supported a personal injury claim had the person survived. Evidence of negligence can include unsafe driving, medical errors, hazardous property conditions, defective products, or failures to follow safety rules. If liability is unclear, an attorney can review the evidence and assess whether negligence contributed to the loss.
What damages can families recover in a wrongful death claim?
Surviving family members may seek compensation for medical expenses before death, funeral and burial costs, loss of income and financial support, emotional grief, and loss of companionship. In rare cases, punitive damages may apply. Every case is different, and damages reflect each family's unique circumstances.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for what they have lost. A survival action compensates the estate for what the deceased endured between the injury and death, such as medical bills, lost wages, or pain and suffering. Survival actions are filed by the estate's personal representative and distributed according to the will or state law. Some cases involve both claims.
How long do we have to file a wrongful death lawsuit in Arizona?
In most cases, families have two years from the date of death to file a wrongful death lawsuit (A.R.S. § 12-542). Claims involving public entities may require notice within 180 days. Missing a deadline usually means losing the right to recover compensation.
What happens if my loved one was partially at fault for the accident?
Arizona follows a pure comparative fault system. The family may still recover compensation even if the deceased was partially responsible. Any award is reduced by their percentage of fault. Comparative fault does not bar a claim.
How are wrongful death cases proven?
To establish liability, a lawyer must show the defendant owed a duty of care, breached that duty, caused the death, and that the family suffered measurable damages. Proving this often requires accident reports, medical records, witness statements, and expert analysis. Families benefit from early legal assistance in wrongful death cases.
How long does a typical wrongful death case take?
Timelines vary widely. Some claims resolve in several months. Others, especially those involving trucking companies, medical institutions, product manufacturers, or disputed liability, may take 12 to 24 months or more. Cases involving government entities or complex expert analysis may also require additional time.
What if the deceased received medical care before passing away?
If your loved one survived for any period after the injury, additional claims for pre-death pain and suffering, medical bills, and lost income may be available through a survival action. These damages belong to the estate and are separate from the family's wrongful death claim.
Do wrongful death cases always go to trial?
No. Many cases resolve through negotiation once the evidence is fully developed. However, some claims, especially those with disputed liability or high damages, may proceed to litigation. Having a trial-ready wrongful death law firm strengthens your position in both settlement discussions and in court.
Contact the Phoenix Wrongful Death Lawyers at Gallagher & Kennedy Today
The law firm of Gallagher & Kennedy fights on behalf of families when they have suffered the most significant loss of all from someone else’s recklessness or carelessness. Nothing can replace your loved one. You can lessen the other losses your family suffered.
We see firsthand the devastation families experience from a tragic loss, and our personal injury lawyers are here to help. We will handle your case diligently and will exercise the greatest degree of compassion when dealing with you and your grieving family.
To begin the legal process of obtaining monetary damages after a fatal accident or wrongful death, contact us for your free and confidential consultation.