We Have Recovered Hundreds Of Millions Of Dollars

Experienced Wrongful Death Lawyers

While there are no words to describe suddenly losing a loved one at the negligent hands of another, thousands of people face this harsh reality every year. Wrongful deaths occur in hospitals, on roadways, in the workplace, and as a result of countless types of negligence.

At Law Badgers PLLC, our job as wrongful death attorneys is to investigate the facts surrounding the accident, determine fault and help you obtain the compensation you deserve as quickly as possible. While no amount of money can bring back your loved one, compensation can give you the time and space to begin the long process of healing. Contact us today for a confidential consultation about your case.

What Is A Wrongful Death Claim?

Our team at Law Badgers PLLC handles all types of wrongful death claims. The most common cases we see in Arizona include:

  • Auto accidents
  • Drowning and boating accidents
  • Falls
  • Medical malpractice
  • Poisoning and overdoses
  • Workplace accidents

This is by no means an exhaustive list. No matter how you lost your loved one, if you think negligence may have played a role, it is in your best interest to seek immediate legal counsel. Every wrongful death case is unique, but all claims filed under Arizona’s wrongful death statute must meet the same criteria.

You Have Two Years To File A Claim, With Some Exceptions

A statute of limitations places limits on how long a lawsuit can be filed following a wrongful death. In Arizona, that limit is two years. This means that you must file within two years of the date you lost your loved one. There are a few exceptions, however, including when the negligence that caused the wrongful death was discovered at a later date. In any case, you should speak with an experienced wrongful death attorney as soon as you believe that negligence may have played a role in your loved one’s death.

Four Factors Must Be Proven For A Successful Claim

Similar to other types of negligence, there are four factors – duty, breach, causation and damages – that must be proven in a wrongful death case in order to have a successful claim. The first is duty, meaning the person who caused the wrongful death owed a care of duty to the victim. For example, all drivers on the road owe a care of duty to drive reasonably and safely. If someone drove negligently, and caused a fatal car crash, they failed in that duty.

The second factor is breach, meaning that the duty of care was broken (or breached). When the driver that caused a fatal crash chose to drive recklessly, they were in breach.

The third element is causation, or that the injuries were caused by the defendant’s breach in their duty of care. The wrongful death of a car crash victim must be directly linked to injuries sustained from the accident.

The fourth and final factor is damages. For those left behind after the death of a loved one, damage caused can seem insurmountable. In order to prevail in a wrongful death lawsuit, however, the court requires that damages be given a dollar value. This allows a jury to award a particular amount to the family of the victim. Damages can fall into a variety of categories, so we discuss them more in the section below.

Who Can Sue On Behalf Of The Decedent?

Only specific people may bring a wrongful death claim in Arizona. These include:

  • Surviving spouse
  • Surviving children
  • Surviving parent/guardian
  • Personal representative of the deceased person on behalf of the above

If nobody listed above survives, then the personal representative may bring a claim on behalf of the decedent’s estate.

There are no other individuals that may bring a claim for wrongful death. That includes siblings, girlfriends/boyfriends/other significant others, friends, fiancees, cousins, etc.

Compensation Available In A Wrongful Death Case

In Arizona, compensation may be given for two types of damages: economic damages and noneconomic damages.

  • Economic damages – It is relatively easy to assign a dollar amount to economic damages, which include things like medical bills, lost income, funeral and burial expenses, and property repair bills. If the wrongful death involved a car accident, and you receive a $5,000 bill to repair the damaged car, that $5,000 would fall under the category of economic damages.
  • Noneconomic damages – These are much harder to calculate and prove, but they often make up the most significant percentage of compensation in a wrongful death case. Noneconomic damages include things like pain and suffering, hedonic damages, loss of household services, and loss of consortium, or care and companionship.

For the family members of victims, pain and suffering can be immense. Loss of consortium, while it may sound like “legalese,” covers the impact of losing a close confidant, a source of affection and a life companion. Discussing these types of damages can be difficult, so making sure you feel comfortable with your attorney is a must.

Speak With A Wrongful Death Lawyer

If you have lost someone to a wrongful death, the Law Badgers PLLC can help. We will investigate your case, determine fault, and fight tirelessly to give a voice to your loved one and help you get back on your feet. No amount of compensation can ever right your loss, but it can help you set affairs in order after your loved one is gone. Call us at 480-856-8128 or send us an email to make arrangements for a free consultation.