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Wrongful Death Claims in Surprise, Arizona: Understanding Your Rights

If someone else’s negligent conduct has caused you to lose a loved one, your family may be facing some of its darkest days and unimaginable loss. While nothing can bring your loved one back, our compassionate attorneys can help protect your legal rights after your loved one’s untimely and wrongful death.

Wrongful Death Claims in Surprise

A wrongful death claim is filed by the family or surviving relatives of a victim whose death was caused by another party’s negligence. It allows the family to recover compensation for the losses they incurred as a result of the loved one’s death. A claim for wrongful death can help you obtain justice on behalf of your loved one and bring your family peace of mind regarding being compensated for your resulting financial losses.

What Are the Most Common Causes of Wrongful Death in Arizona?

A wrongful death can happen under many different circumstances. Some common causes of Surprise, Arizona wrongful deaths include the following:

  • Car accidents or trucking accidents where another driver fails to drive safely or follow the rules of the road, directly causing the victim’s death
  • Workplace accidents in which the victim’s death is caused by the failure of the employer to provide proper precautions
  • Accidents that occur on the property of another person or business, where a dangerous condition on the property causes the victim’s death
  • Recreational accidents that lead to the victim’s negligent death
  • Accidental death caused by dangerous or defective products
  • Death caused by the negligent conduct or malpractice of a medical professional

Who Can File a Wrongful Death Claim in Surprise, Arizona?

In Arizona, the victim’s surviving relatives may file a wrongful death claim. This generally includes the surviving spouse, surviving children of the loved one, surviving parents or legal guardians of the loved one, and the personal representative or executor of the loved one’s estate. An Arizona wrongful death claim requires you to prove several elements regarding liability — in essence, proving that the other party was directly responsible for the death of your loved one. Generally, you need to file your claim within two years after the wrongful death has occurred in order to comply with Arizona’s applicable statute of limitations.

In addition to liability, you will also need to prove the damages you have incurred as a result of your loved one’s death. These may include out-of-pocket costs, such as funeral and burial expenses, and the medical bills your family incurred while your loved one was being treated. They may also include the income or wages your family has lost, along with any costs of caring for your loved one before their death. Moreover, you may be able to recover general damages for pain and suffering, mental anguish and emotional trauma, and the general decline in your family’s life since your loved one’s passing.

What Should You Know About Wrongful Death Claims in Arizona?

First, wrongful death claims can be complicated, as issues of liability are rarely clear-cut. These types of claims not only involve several detailed statutes and case precedents but also require a thorough investigation of the unique facts of each case. In order to recover compensation in your Surprise, Arizona wrongful death case, you will need to show that someone else has recklessly, wantonly, or negligently caused your loved one’s death. You will need to prove that the party responsible has breached their reasonable duty of care to your loved one, directly causing their death.

Additionally, you should know that wrongful death claims can be further complicated by the presence of multiple parties and their insurance companies. Negotiating with insurance companies can be daunting—after all, they tend to have serious financial and legal resources, and their ultimate goal is to minimize their settlement offers to you as much as possible. Having an experienced wrongful death lawyer by your side can make a big difference, as you will have someone advocating on your behalf against the insurer.

Our Arizona wrongful death lawyers will handle negotiations and communications and investigate the facts of your loved one’s death thoroughly, preserving important evidence. If a fair and reasonable settlement is not possible, we will build a strong case on your behalf at trial.

How Can Gerber Injury Law Help?

A wrongful death claim is one of the most complex, involved areas of the law. Although nothing will bring your loved one back, our compassionate, knowledgeable Arizona wrongful death attorneys can help you obtain compensation for the damages you’ve incurred as a result of your loved one’s untimely death.

We can meet with you one-on-one to discuss how we will use our tailored legal strategies to help you achieve your goals, and we will guide you through the claims process to make it as stress-free as possible. Call our Arizona personal injury attorneys for a free consultation at 623-486-8300 or click here to reach us online.