Wrongful Death Lawyer In Phoenix AZ

When a person dies to the negligence or misconduct of someone else, that is considered a “wrongful death” case.

Arizona Revised Statute § 12-611 says:

When death of a person is 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 in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

This statute means that if the person had not died, there would be enough evidence for him to pursue a negligence claim (whether it be personal injury or medical malpractice). Since the person died, though, that claim now becomes a wrongful death lawsuit.

Generally speaking, the statute of limitations in a wrongful death lawsuit is 2 years from the date the person died. There are some exceptions. For example, minors have 2 years from the date of their 18th birthday to file a wrongful death lawsuit. If the wrongful death claim is against a governmental entity (town, city, state, county), a notice of claim must be filed within 6 months of the date of death. Again, for minor children, this deadline is extended to 6 months from the 18th birthday.

Once the statute of limitations expires, you may be precluded from recovering anything. It is therefore very important that you not delay in hiring an attorney to investigate the case. It can make many, many months to gather the records, review them, and hire the necessary experts to testify.

The Arizona legislature has determined who can file a wrongful death case. According to A.R.S. § 12-612(A), a wrongful death action may only be brought by a surviving husband or wife, a child, a parent or guardian, or a personal representative of the deceased person (or of the spouse, children, or parents) on behalf of the estate if no one survives the decedent. This means that only a birth or adopted parent, a spouse, or a birth or adopted child may file a wrongful death case if one is alive. If no one is alive, the estate may bring the action.

Unfortunately, in Arizona, siblings, grandparents, grandchildren, fiancés, and children who are not birth children or legally adopted may not file a wrongful death lawsuit.

A wrongful death case can arise from any type of civil action that involves someone’s death. That can be a personal injury case (like a car or truck crash, a negligent security case, etc.) or a medical malpractice case. A case often starts out as a medical malpractice case and then the person dies due to his or her injuries. The medical malpractice rules will still apply, but then it becomes a wrongful death action.

No. Wrongful death lawsuits are done on a contingency basis. This means that you do not owe anything out of pocket, and the lawyer will only be paid for his/her time and costs if money is recovered in a settlement or verdict. If any lawyer asks you to pay for time or costs up front, that is a very good indicator that he or she is not experienced or able to handle a wrongful death case.

In a wrongful death case, the insurance company of the at-fault person (doctor, nurse practitioner, PA, hospital, truck driver, etc.) will look at several factors to determine what they think the value is. A jury will consider the same factors but not through the lens of an insurance company trying to protect its own money.

In general, the value of the wrongful death case depends on the following: First, was the person working? If so, his or her lost income is included in the calculus. Second, if the person helped take care of the home, there is a value assigned to that, as well. This is not just a number that is made up. In fact, the government provides guidance on what these services are “worth,” even if they are not paid for. Third, the value is dependent on the loss of relationship with the surviving spouse, parent(s), and/or child(ren). The closer the relationships, the more the case is worth. Even if a parent had no relationship at all with a child, the death is still significant as it prohibited any chance of reconciliation.

Ultimately, it is your lawyer’s job to help a mediator and/or jury understand the true value of the case.

The most important thing you can do is to look into the law firm’s experience. Many lawyers (and firms) claim they handle wrongful death cases. The reality, however, is that very few firms actually have the experience, expertise, and financial resources to fully litigate a wrongful death case. You can the law firm’s website to see its history of settlements and verdicts. You can also look at the firm’s reviews online. It is important to speak with the lawyer (not a paralegal) to interview him or her about the lawyer’s experience and expertise on the issues.