Scottsdale, Maricopa County, Wrongful Death

Home / Scottsdale, Maricopa County, Wrongful Death

Have you lost a family member in Scottsdale because of someone else’s careless or dangerous actions? You may have the right to compensation, but taking on a legal battle is tough when you’re grieving.

As wrongful death lawyers serving Scottsdale and Maricopa County, the Valley Injury Team can protect your rights and help you find justice while your family heals. We’ll handle all the legal work, leaving you free to seek solace with your family. Call now or complete our contact form for a free consultation.

Definition of a Wrongful Death in Arizona

Arizona law defines wrongful death as a situation where someone dies because of another party’s wrongful actions, neglect, or failure to take reasonable precautions. If the person could have filed a personal injury claim had they survived, their family likely has the right to file a wrongful death lawsuit.

A wrongful death claim can arise from many types of incidents in Scottsdale. For example, a driver who causes a fatal crash while texting may face a wrongful death case. Similarly, a manufacturer that sells a defective product leading to deadly injuries could be liable for the harm they cause.

Finally, wrongful death claims do not only involve accidents. They can also result from intentional harm, such as assaults, stabbings, or shootings. In every scenario, the key question is whether another party’s actions or negligence caused the death.

Why You Need a Lawyer for a Wrongful Death Claim

Wrongful death claims in Arizona involve strict deadlines, complex rules, and strong opposition from insurance companies trying to minimize payouts. Without legal guidance, you may struggle to prove liability, accurately calculate your losses, and follow court procedures.

At Valley Injury Team, our lawyers will protect you from these risks while minimizing your stress. We’ll investigate your family member’s cause of death, gather evidence, and consult experts when necessary to build a strong case. We’ll also handle negotiations with insurers, so you do not have to face them directly. If a fair settlement isn’t possible, we can take your case to trial and present arguments to a judge or jury. While no amount of money can replace your family member, we can work to hold the responsible party accountable and pursue the resources you need to move forward.

Common Causes of Wrongful Deaths

Some common incidents that lead to wrongful death claims in Scottsdale include:

  • Motor vehicle crashes: Collisions involving cars, motorcycles, or large trucks often lead to fatal injuries. In many cases, these deadly crashes happen because of drunk driving, distracted driving, speeding, or dangerous road conditions that put everyone at risk.
  • Medical malpractice: Patients can lose their lives when doctors or hospitals fail to uphold the applicable standard of care. Examples of these errors could include surgical mistakes, incorrect prescriptions, or failure to recognize and treat life-threatening illnesses in time.
  • Defective products: Faulty consumer goods, medical devices, or industrial equipment can cause deadly injuries. When manufacturers cut corners in design, ignore safety testing, or fail to warn consumers about possible risks, they can be responsible for users’ deaths.
  • Workplace accidents: While deadly accidents can occur in any industry, jobs in construction, manufacturing, and transportation involve particularly high risks of injury. Fatal incidents are more likely when employers fail to train workers, enforce safety standards, or provide proper protective gear.
  • Nursing home neglect: Elderly residents can suffer fatal injuries or illnesses when facilities do not provide adequate care. Untreated infections, poor nutrition, and lack of supervision often lead to preventable deaths.
  • Criminal acts: Fatal assaults, stabbings, shootings, and other violent acts can be grounds for wrongful death claims. Notably, families can pursue compensation in civil court even when the state doesn’t pursue criminal charges.
  • Dangerous property conditions: Property owners who neglect maintenance can create deadly hazards. Fires, falls, and exposure to unsafe environments often result in fatal incidents on poorly maintained premises.

How Wrongful Death Claims Differ from Criminal Cases

A wrongful death claim is a civil action, not a criminal case. Criminal charges, such as murder or manslaughter, focus on punishing offenders through jail time or other penalties. A wrongful death claim, on the other hand, seeks to help a family recover financial compensation for losses they have suffered because of someone’s death.

The two cases can run simultaneously, but one does not depend on the other. Even if the state chooses not to file charges, you may still pursue a wrongful death claim in civil court. The standard of proof is also different. Scottsdale criminal prosecutors must prove a defendant’s guilt beyond a reasonable doubt. By contrast, a civil claim only requires proof by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the death.

Who Can File an Arizona Wrongful Death Claim?

Under Arizona law, the parties who can file a wrongful death claim include:

  • Surviving spouse
  • Surviving children
  • Parents or legal guardians on behalf of their deceased children or wards
  • The personal representative of the deceased’s estate, who is often a member of the deceased’s family

Who Receives the Money From a Wrongful Death Claim in Arizona?

Under Arizona law, any compensation from a wrongful death claim must go to close family members. The surviving spouse, children, or parents have the first right to recover compensation. If none of these relatives survive, the money becomes part of the decedent’s estate. Courts distribute the recovery in proportion to each party’s losses.

What Losses Can a Wrongful Death Claim Cover?

Arizona law does not provide a fixed list of losses for wrongful death claims. Instead, the statute explains that a jury may award compensation it considers “fair and just” based on surviving family members’ losses. The law also allows the jury to consider any aggravating or mitigating circumstances related to the wrongful act, neglect, or default.

Any compensation family members receive does not go toward the deceased’s debts unless someone filed the claim on behalf of the deceased’s estate. Arizona law also places no limit on the total compensation in these cases.

Some of the losses that compensation in a wrongful death claim can cover include:

  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Lost income and employment benefits the deceased would have provided
  • Loss of companionship, guidance, and care
  • Emotional distress caused by the death
  • The value of household services the deceased contributed
  • Loss of future inheritance that the deceased would have passed down
  • Loss of parental nurturing and instruction for surviving children
  • Pain and suffering experienced by family members

Deadline To File a Wrongful Death Lawsuit in Arizona

In most circumstances, you must file a wrongful death lawsuit within two years of your family member’s death in Arizona. Note that the deadline applies from when they died, not when they initially suffered their fatal injury. For instance, if someone in your family died a few weeks or months after a car crash, the two-year countdown starts on the date of death.

There are also some circumstances where you might have less time to take legal action, such as cases involving a government entity. Talk to a wrongful death lawyer serving Scottsdale as soon as possible to preserve your right to pursue compensation.

Contact Our Wrongful Death Attorneys Serving Scottsdale and Maricopa County

Our wrongful death lawyers know you’re hurting and want to hold whoever caused your family member’s death accountable. Call the Valley Injury Team now or complete our contact form for a free consultation.

Trusted Personal Injury Car Accident Representation – Trusted Personal Injury Car Accident Representation – Valley Injury Team
Trusted Personal Injury Car Accident Representation

Get aggressive, thorough representation from our skilled Scottsdale car accident lawyers at Valley Injury Team. We will fight tirelessly for optimal results for you!

Affordable Truck Accident Personal Injury Lawsuit – Affordable Truck Accident Personal Injury Lawsuit – Valley Injury Team
Affordable Truck Accident Personal Injury Lawsuit

If you have been injured in a truck accident, Valley Injury Team is ready to help you file a lawsuit and receive compensation.

Local Motorcycle Personal Injury Law Firm – Local Motorcycle Personal Injury Law Firm – Valley Injury Team
Local Motorcycle Personal Injury Law Firm

With years of experience as Scottsdale motorcycle injury lawyers, Valley Injury Team is an excellent choice for all your legal needs.

Reliable Bicycle Injury Lawyer – Reliable Bicycle Injury Lawyer – Valley Injury Team
Reliable Bicycle Injury Lawyer

Consult with the top-rated bicycle injury lawyers near you in Scottsdale for expert help filing a claim for compensation for your injuries.

Best Slip & Fall Accident Lawyer Near You – Best Slip & Fall Accident Lawyer Near You – Valley Injury Team
Best Slip & Fall Accident Lawyer Near You

If you have slipped and fallen and been injured as a result of someone else’s negligence, consult with Valley Injury Team to discuss the situation.

Personal Accident & Occupational Injury Attorney – Personal Accident & Occupational Injury Attorney – Valley Injury Team
Personal Accident & Occupational Injury Attorney

Our attorneys are proficient with workman’s comp claims and workplace injuries, so we are prepared to help you take legal action.

Dog Bite & Attack Lawsuit Representation – Dog Bite & Attack Lawsuit Representation – Valley Injury Team
Dog Bite & Attack Lawsuit Representation

As top-rated dog bite attorneys in Scottsdale, Valley Injury Team is ready to help you pursue maximum compensation while you recover from injury.

When To Hire A Personal Injury Lawyer – When To Hire A Personal Injury Lawyer – Valley Injury Team
#1 Attorneys for Wrongful Death Cases

If your loved one has died as a result of negligence or another situation, contact our wrongful death attorneys in Scottsdale immediately.

Skilled Legal Team For Pedestrian Accidents – Skilled Legal Team For Pedestrian Accidents – Valley Injury Team
Skilled Legal Team for Pedestrian Accidents

Receive affordable, caring, and effective legal services at Valley Injury Team if you have been injured as the result of a pedestrian accident.

Testimonials

Clients Have Confidence in Us

Testimonials

Clients Have Confidence in Us