Finding a Wrongful Death Attorney to Represent You in Arizona
Losing a spouse or family member is particularly devastating and often leaves surviving family unsure about how to move forward with their lives. If the loss of their loved one was caused by the careless, reckless or negligent actions of another person, government agency or business, tort laws in Arizona allow the family of the deceased victim to seek justice and financial compensation by filing a wrongful death lawsuit.
These laws recognize that the negligent party’s liability extends beyond the death of the victim. Financial compensation can never replace the loss of your spouse, parent, child, or family member who lost his or her life in an avoidable accident but it will definitely ease the financial burden associated with their death and help to ease the surviving family members financial burdens.
No matter what the circumstances are surrounding the sudden and unexpected death of a loved one, losing a family member is never easy. There is nothing that can compare to the sudden loss of a loved one caused by a fatal accident. For the family of the victim who lost his or her life due to the reckless or negligent actions of another individual, business, or the government agency, the complicated emotions and logistics ahead are daunting. While receiving financial compensation will never replace your loved one, you and your family members deserve justice and that can be accomplished by filing a wrongful death lawsuit. By holding the appropriate parties responsible for their actions or inactions, you are carrying on the work of your loved one, had they survived.
The hard working and compassionate wrongful death lawyers at Escamilla Law Group will support you during this difficult time. We will answer all of the questions you have about your loved one’s accident and will work with you hand in hand to ensure that you have the strongest case possible to be successful in your claim. We won’t take your case unless we believe you can win. We don’t get paid if you don’t get paid. Call us today to speak with an attorney who specializes in wrongful death cases to ensure that yours and your loved ones rights are protected under the laws in Arizona.
An initial consultation with our lawyers is absolutely free. You will meet directly with the team that will handling and trying your case, giving you immediate insight into upi and the people with whom you will be working. Contact us today to get started.
What Is A Wrongful Death Lawsuit in Arizona?
When someone dies because of a wrongful act, the misconduct of another person, or from neglect, certain family members of the deceased victim’s family may be eligible to file a wrongful death lawsuit in the Arizona civil courts. A wrongful death lawsuit may be filed with the courts if the person who did would have been able to file a personal injury lawsuit based on conduct that was negligent or wrongful that caused their untimely death.
In order to be successful when filing a wrongful death lawsuit, the initiating family member of the wrongful death lawsuit has the heavy burden of establishing and proving that the defendant did act negligently and that the subsequent negligence was the proximate cause of the family member losing their life.
Most Common Types of Wrongful Death Lawsuits
These are the seven most common types of wrongful death cases that are filed in Arizona:
- Car Accidents – Car accidents are the most common cause of wrongful death lawsuits in the United States. This is simply because so many of us drive our cars everyday and therefore are prone to accidents occurring on our Arizona roads and highways. There were more than 127,000 car accidents in 2018 in Arizona. There were 916 fatal accidents that occurred in our state last year alone. A major factor in these fatal crashes involved at least one driver’s negligence, whether that involved careless or reckless driving, excessive speed, distracted driving, or driving under the influence of alcohol or drugs. The negligent drivers can also be held liable for the deaths of any other drivers or passengers who were injured or killed as a result of their negligent actions.
- Medical Malpractice – The most common medical malpractice lawsuits are in connection with either a failure to diagnose a medical condition, the misdiagnosis of a medical condition, errors in surgery, or when treating a condition.
- Semi-Truck and Commercial Vehicle Accidents – Even though a truck accident is still considered an auto accident, they are often categorized differently. First, semi-trucks, tractor-trailers or other large commercial vehicles are so much bigger and heavier than the average passenger vehicle and are much more likely to cause catastrophic injuries or death when they are involved in an accident. These types of accidents often involve oversized loads, driver error, or mechanical issues with the semi. Drivers sometimes drive aggressively, while fatigued or lose control of their truck causing deadly accidents in Arizona.
- Defective Products – If a person dies as a result of a defective product, the product manufacturer is held liable under the law. The most common types of wrongful death that occurs because of product defects include food that is toxic, unsafe products designed for children and adults, defective car parts or automobiles, and pharmaceutical products.
- Aviation Accidents – Airplane and helicopter accidents do not occur that often but when they do, they often result in a higher number of fatalities. The most common reasons that aviation accidents occur is because of pilot errors or mechanical problems with the aircraft.
Helping Families Through Complex Wrongful Death Litigation
As you are considering an attorney to help you through a wrongful death lawsuit in Arizona, it is important to work with someone who is supportive of you and will communicate and explain the process each step of the way. Having worked with families throughout the Phoenix metropolitan area for many decades, our lawyers not only have experience handling the complexities of these cases, but we understand your interest in settling your loved one’s estate and ensuring that they and their remaining family members are not left in a vulnerable position because of this negligence. We will stay sensitive to these issues as we pursue your case.
Third-party representation is particularly useful in wrongful death litigation. These are high-stakes cases in regards to the monetary expense and the emotions of each party, as well as the reputation of the negligent party. Being advised and represented by a third party means that your case will be thoughtful, impassioned – but not overly emotional – and maximize your opportunity for full compensation.
Escamilla Law Group will work as your Mesa wrongful death attorney and handle every step of the legal process, including filing your lawsuit. From there, we will work with you to collect evidence. This may include obtaining police reports, medical records, photographing scenes, speaking to witnesses, and more. Ensuring the full evidence of a wrongful death case is captured is critical, as each case needs to prove negligence and fault in order to be won.
Most importantly though, our team will fight for your rights and the rights of your deceased loved one. We take cases that we believe in, this is the mission of our organization and what has brought our team together. We are committed to representing individuals who have experienced tragedy through no fault of their own. We want to ensure that you have the support, experience, and insight to win your case so that you are not also struggling financially or otherwise in the months and years ahead.
We take on the work of negotiating a fair settlement for you at a time when you will be faced with settlement offers that may be lower or incomplete in addressing the needs of your loss. In addition to navigating the conversations and giving you a representative and voice at the table, we will provide insight and knowledge as to what is appropriate to ask for and what settlements are fair. Should your case go to trial, our team is prepared to represent you each and every step of the way.
Who Can File a Wrongful Death Claim in Arizona
When a person passes, there are many individuals impacted by the death. However, there are limitations on who is eligible to file a wrongful death claim. In Arizona, the following individuals are able to file a wrongful death claim:
- Deceased person’s surviving spouse
- Deceased person’s surviving domestic partner
- Deceased person’s surviving children or grandchildren
- Person who will inherit the deceased person’s estate, if none of the above are applicable
If you fall into one of the above categories, our team would love to speak with you regarding your unique situation. The team at Escamilla Law Group will walk you through the process and options available to you. Our initial consultation will help you best understand the next steps surrounding your claim.
What Compensation is Available in Wrongful Death Cases
Truly, each and every claim is unique and has many variables. The best way to determine the amount of compensation you should receive is to meet with our lawyers and review the particular details of your claim. In understanding many of these details, we can better assist you in determining the likely range of compensation you should ask for. Our team will represent you through the settlement and into trial, should that be necessary, to get you the full and fair compensation for your claim.
In addition to medical or burial expenses, some of the things we consider as we prepare the claim include:
- Lost earning capacity of the decedent
- Loss of inheritance and expected future inheritance
- Loss of companionship, society, comfort, etc.
- Pain and suffering
- Lost value of household services
Contact one of our wrongful death attorneys to find out if you have the right to pursue a claim for the loss of your family member. We can answer all of your questions and ensure that you have the best possible legal representation available in Arizona. Call us today to schedule a free consult with a qualified member of our staff.
Why Work with Escamilla Law Group
In the wake of the traumatic loss of a loved one, it is understandable to be overwhelmed, particularly if you believe or have evidence that there was wrong doing in your loved one’s passing. Escamilla Law Group has a reputation throughout Phoenix and Mesa as the best personal injury attorney practice. In fact, we only handle personal injury cases. Our bilingual attorneys understand the stress these trying times cause our clients, motivating us even more to ensure you win your case. The core values of our organization were created to serve clients in need, just like you. We do our best – and we do not receive a penny unless you do.
Our initial consultation takes very little of your time. It will help us understand the specifics of your claim, we will explain the next steps and process from there, and we will give you an understanding of what we anticipate the outlook of your case to be. Best of all, you get to meet our lawyers and determine if we are the right fit for you. Click here to schedule.
If you have questions about a possible cause of action for wrongful death, don’t delay. The statute of limitations, which could bar your action, is running. Call us today for a free consultation. We have experienced attorneys with personal injury who will provide you with the answers you are looking for.