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Filing a Wrongful Death Claim in Arizona

By Burg Simpson
September 1, 2020
3 min read

Losing a beloved family member is always heartbreaking, but losing a loved one due to another party’s negligence can be even more devastating. Not only have you lost someone close to you, and are faced with medical bills and funeral expenses, but you may be also be experiencing a loss of financial support.

While nothing can bring your loved one back to you, there are important reasons to meet with an experienced personal injury attorney:

  • There will be bills to pay associated with the incident
  • It is important to speak with an attorney to determine what claims should or should not be made
  • The deceased lost wages may also mean that dependents may suffer from financial hardship

COMPASSIONATE ATTORNEYS PROVIDE LEGAL GUIDANCE

Families who are coping with the loss of a loved one are often overwhelmed. Burg Simpson’s wrongful death lawyers are here to handle all the details of your legal matter so you and your family can take the time you need to grieve and to heal. Once retained, your legal team will handle the investigation and be available to provide guidance throughout the legal process. Dealing with insurance companies regarding a wrongful death can be especially difficult during times of grief, and we recommend that you have an experienced lawyer on your side to protect you and your family.

WHO CAN FILE A WRONGFUL DEATH CLAIM?

Those who have standing to file for a wrongful death claim in Arizona include:

  • The spouse of the deceased
  • A child of the deceased
  • A parent or guardian of the deceased
  • The personal representative of the surviving spouse, child, parent, or guardian; or the personal representative of the estate
  • The loss of love and companionship for the surviving spouse, parents, and children.
  • Unlike other jurisdictions, Arizona excludes recovery for siblings, other relatives, same-sex partners, and common-law spouses.

Note: If the deceased was a minor at the time of death, Arizona law provides the child’s parents or legal guardian may file a wrongful death claim.

THE MOST COMMON CAUSES OF WRONGFUL DEATH CASES

One of the most common causes of wrongful deaths are automobile collisions, but other causes include:

  • Bicycle collisions
  • Motorcycle collisions
  • Crashes involving commercial vehicles
  • Drunk & distracted driving incidents
  • Explosions
  • Premises liability (Such as slip and fall incidents)
  • Product liability (Such as defective equipment or devices)
  • Work environment accidents

WHAT KINDS OF DAMAGES CAN BE RECOVERED?

Damages suffered by the estate of the deceased include:

  • Medical bills
  • Funeral expenses
  • Lost wages
  • Expenses for the repair or replacement of real property damaged in the incident
  • Loss of companionship
  • Loss of care and guidance

Estimating the amount of damages that can be recovered by family members following the wrongful death of a loved one depends on many factors. It will require the services of an experienced personal injury lawyer who is familiar with wrongful death cases. Burg Simpson attorneys have the resources and the experience to estimate wrongful death damages and can help you recover the compensation you deserve.

CONTACT BURG SIMPSON’S WRONGFUL DEATH LAWYERS

If you have lost a loved one due to the negligent actions of another party, call a Phoenix personal injury lawyer as soon as possible. In Arizona, the statute of limitations to file for a wrongful death case expires two years from the date of the accident. Our firm has recovered millions of dollars for our client from personal injury claims. Call Burg Simpson for help now at 602-777-7000,  or fill out our Free Case Evaluation Form.

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