How Wrongful Death Cases are Handled in Arizona by a Scottsdale Wrongful Death Lawyer
Helping families get financial compensation for the tragic loss of a loved one
Losing a loved one due to an accident is a tragedy no family should ever have to suffer. When someone is killed in a vehicle accident, due to a construction fall, because a product malfunctioned, or for any other reason – the family of the decedent has the right to hold wrongdoers accountable. Accountability is necessary because the decedent’s life is cut short and the family members lose the support and guidance of a father, mother, daughter, son, or sibling.
At the law firm of Amar Esq. PLLC, our Scottsdale wrongful death lawyers understand how horrible it is to lose a loved one. Our firm understands the complexities of wrongful death claims. We investigate the cause of the accident and bring claims against the responsible parties. In death cases, we prepare each case for a jury trial and only recommend settlements which fairly compensate the family for all their losses and the loss of life of the family member.
Who can bring a wrongful death claim?
Generally, in Arizona, the following people can bring a wrongful death claim in the following order (the first person listed has the highest priority):
- The decedent’s surviving spouse
- The decedent’s surviving child or children
- The decedent’s surviving parent or guardian
- The personal representative (executor or administrator) of a deceased spouse, child, parent, or guardian
- The personal representative appointed to handle the decedent’s estate
When the decedent is a minor, either parent or a legal guardian of the child can file a wrongful death claim on that child’s behalf.
The person who brings the claim is required to distribute the claim to the appropriate people and in amounts that reflect the agreement of the family members. If an agreement can’t be reached, then the court decides the amount each family should receive.
What damages are allowed in Arizona wrongful death claims?
Generally, damages in wrongful death cases have two parts. The first part are damages for the losses suffered by the decedent. The second part are the damages for the losses of each individual family member.
Damages on behalf of the decedent:
- The costs for the burial and funeral;
- All medical bills incurred between the date of the accident and death, including emergency room bills;
- The lost wages and benefit value the decedent would have earned if death hadn’t occurred;
- Any property damage such as damage to the decedent’s car; and
- The physical pain and emotional suffering of the decedent.
Damages of the family members:
Each direct family member (spouse, child, or parent) is entitled to damages for:
- The loss of the companionship, care, and guidance the deceased would have provided the individual family member;
- The value of services to the household the deceased would have performed; and,
- The individual pain and suffering due to the premature death of the decedent.
Speaks with a top Scottsdale wrongful death lawyer now
Too much delay can potentially hurt your case. The first family duty is to honor and respect the loss of the loved one through appropriate memorials and tributes. It is important to speak with a lawyer as soon as possible though, because early investigation can help to obtain crucial evidence and to help the family members understand their rights. For strong compassionate guidance, please call the Scottsdale wrongful death attorneys at the law firm of Amar Esq. PLLC. Call 480.802.8232 or complete the online contact form. We handle wrongful death cases on a contingency fee basis.
Speak With a Top Scottsdale Wrongful Death Lawyer Today
Contact us at 480.802.8232 or fill out the form below.
We are personal injury & wrongful death lawyers in Scottsdale, Arizona. At Amar Esq. PLLC, we focus on providing effective trial lawyer and litigation abilities to ensure your voice is heard. Whether your matter settles or ends up at trial in front of a jury, we strive to regain the quality and enjoyment of life you deserve.