A loved one’s passing will always cause feelings of grief and loss. But those feelings can be compounded with anger and frustration if your loved one’s death was caused by another party’s reckless or careless behavior.
Although no amount of money can make up for such a loss, your family deserves accountability and justice. An experienced Phoenix wrongful death attorney can help you during this difficult time.
At Silkman Law Firm Injury & Accident Lawyer, we exclusively represent people who have been wronged by the irresponsible or egregious behavior of others. We have the skills and resources to hold reckless individuals and large insurance companies accountable after a wrongful death. We treat families with respect and compassion, guiding you through the legal process and helping you get answers.
You don’t have to face this difficult time alone. Contact us today for a free consultation with a respected wrongful death attorney in Phoenix. We can help take the pressure off your family and devise a plan for moving forward.
Who Can File a Wrongful Death Lawsuit in Arizona?
Under Arizona law, only certain categories of people may file a wrongful death lawsuit, specifically:
- A surviving spouse
- Any surviving children
- A surviving parent or guardian
If a decedent does not have a surviving spouse, or any surviving children or parents/guardians, the executor or administrator of the decedent’s estate may instead bring the wrongful death claim on behalf of any surviving family members who may be entitled to compensation.
What Do You Have to Prove in a Wrongful Death Case?
Of course, not every death will result in a legal claim. However, if you believe your loved one’s death was caused by someone else, you may have a case for compensation. You will have to first show who was responsible for the fatal accident.
For example, in a car accident case, you would need to prove that a driver (and his or her insurance company) is liable for the crash. You will also need to demonstrate the damages suffered, such as lost income, medical bills, and emotional distress.
An experienced Phoenix wrongful death lawyer can explain what this means in greater detail and can determine whether you are able to bring a claim.
Demanding Financial Compensation in a Wrongful Death Claim
A wrongful death claim allows surviving family members to pursue compensation for the losses that they and their loved one suffered because of what happened.
Compensation in a wrongful death claim may include recovery for the losses that a decedent incurred prior to death, such as:
- Costs of medical treatment for a final injury or illness
- Lost wages or income from work missed between the date of the final injury or illness and the date of the decedent’s passing
Surviving immediate family members and other relatives financially dependent on the decedent at the time of death may be entitled to compensation for the losses that they have experienced as a result, including for:
- Funeral and burial expenses
- The loss of a loved one’s future expected income and financial contributions to the family, including loss of employment benefits such as health insurance coverage
- The loss of the household services the decedent provided
- Emotional pain and suffering experienced by surviving family members
- The loss of the decedent’s companionship, care, guidance, affection, and society
Every case is different. An experienced wrongful death attorney from our firm can determine the compensation you could recover, given your unique circumstances.