Wrongful Death Attorney & Lawyer in Phoenix AZ
Losing a loved one is devastating, especially when their death was caused by someone else’s negligence. At Folger Law Firm, we understand the emotional and financial toll of wrongful death claims. Our experienced wrongful death attorneys in Phoenix, AZ, are here to help you navigate this difficult time and pursue the compensation available to your family.
Compassionate Wrongful Death Lawyers Serving Phoenix, AZ
PERSONALIZED ATTENTION & CARE
Accidents leading to fatal injuries happen every day in Arizona. While some result in life-altering but non-fatal injuries, others tragically cause death. The sudden loss of a loved one can leave you not only grieving but also dealing with mounting medical bills, funeral costs, and the uncertainty of life without their support.
At Folger Law Firm, our wrongful death lawyer in Phoenix has helped families pursue compensation for their losses. As a wrongful death law firm serving Phoenix and surrounding Arizona communities, we recognize the emotional strain families face and work to provide clear guidance, personal attention, and determined legal representation throughout the claim.
How Does Arizona Define Wrongful Death?
Arizona’s Revised Statutes outline wrongful death claims under Section 12-611. The law defines wrongful death as a death caused by a “wrongful act, neglect, or default,” which would have been the basis for a personal injury claim had the victim survived.
A wrongful death claim is a civil action arising when an injury results in death. Depending on the circumstances, establishing liability may require showing that another person or entity acted negligently or otherwise wrongfully and that the conduct caused the death.
A wrongful death attorney can investigate how the death occurred, identify potentially responsible parties, and determine what evidence may support the family’s claim.
Who May File A Wrongful Death Claim In Arizona?
Arizona law limits who can file a wrongful death claim. According to Section 12-612 of the Revised Statutes, the following individuals can file:
The spouse of the deceased person
The child of the deceased person
A parent or guardian of the deceased person
If the deceased person has no immediate family members, the personal representative of their estate may file the claim.
It’s important to understand the difference between a wrongful death claim and a criminal homicide case. While wrongful death claims are civil lawsuits (seeking financial compensation), criminal charges are filed by the state, and the defendant may face jail time if found guilty. In some cases, a wrongful death case and a criminal case may overlap, but they proceed separately.
An experienced wrongful death lawyer can help you navigate both civil and criminal processes, ensuring your rights are protected throughout.
WHAT DAMAGES MIGHT I RECEIVE IF I WIN A WRONGFUL DEATH CLAIM?
Arizona law allows for a wide range of damages in wrongful death cases, as outlined in Section 12-613 of the Revised Statutes. Juries typically have significant discretion when determining what damages to award, based on the facts of the case.
Losses suffered by the Estate
These may include medical bills, funeral expenses, and repair or replacement costs for damaged property.
Losses Experienced by the Family
This often includes lost wages, the loss of services the deceased would have provided (such as childcare or household management), and the loss of companionship and support.
Since wrongful death cases are unique, the damages awarded depend on the specific facts of each case. An experienced Phoenix wrongful death lawyer can help you understand your legal options and work to maximize the compensation available.
If the wrongful death occurred due to someone’s reckless or negligent actions, punitive damages may also be awarded in addition to compensatory damages.
How Can My Wrongful Death Lawyer Help?
A wrongful death attorney can handle the legal aspects of the case while helping the family understand each stage of the process. Folger Law Firm assists families with investigating liability, gathering evidence, dealing with insurance companies, and preparing claims for negotiation or litigation.
Investigating the Claim
We will investigate the circumstances surrounding your loved one’s death. This may include gathering records, reviewing photographs or video, speaking with witnesses, examining insurance information, and working with qualified professionals when technical or medical issues require further analysis.
Negotiating with Insurance Companies
Insurance companies may try to offer settlements that fall short of what you truly deserve. Our firm will handle negotiations on your behalf, ensuring that you are not taken advantage of during the settlement process.
Building a Strong Legal Case
While many wrongful death cases settle out of court, having a lawyer who can build a strong case in preparation for trial can increase the likelihood of a fair settlement. Our team will use our extensive legal experience to prepare your case for success, whether it ends in settlement or trial.
Protecting Your Claim Against Common Defenses
One of the common defenses in wrongful death cases is the argument of comparative negligence—the idea that the deceased may have been partially responsible for their own death. Our firm is prepared to combat this argument and protect your family’s rights.
At Folger Law Firm, we work on a contingency fee basis, meaning we don’t charge attorney fees unless we secure compensation for you.
Call (602) 774-0033 to speak with a lawyer today, or fill out our online contact form. Your consultation is confidential and free of charge.
Why Choose Folger Law Firm?
With over 30 years of experience, Folger Law Firm is a trusted name in wrongful death cases throughout Phoenix and Scottsdale. We take a compassionate and persistent approach to every case, working tirelessly to secure the justice and compensation you deserve.
Why families choose us:
- We offer personalized legal services tailored to your unique situation.
- We provide direct communication and regular updates throughout the process.
We have a proven track record of successful wrongful death settlements and verdicts.
Ready to Seek Justice for Your Loved One?
If your loved one has been tragically killed due to negligence, contact Folger Law Firm today to discuss your wrongful death claim. We’re here to provide you with legal support and fight for the compensation your family deserves.
Call (602) 774-0033 or fill out our online form to schedule your free, confidential consultation.
Frequently Asked Questions (FAQs)
How long do I have to file a wrongful death claim in Arizona?
You typically have two years from the date of death to file a wrongful death claim under Arizona’s statute of limitations.
What types of damages can be awarded in a wrongful death claim?
Damages may include medical bills, funeral costs, lost wages, loss of companionship, and other forms of compensation that reflect the financial and emotional toll the death has taken on the family.
Can a wrongful death claim be filed while a criminal investigation is ongoing?
Yes. A wrongful death claim is a civil case, and it can be pursued even if criminal charges are pending against the defendant.
Who can file a wrongful death claim in Arizona?
The deceased person’s spouse, children, parents, or personal representative can file the claim. If the deceased had no immediate family, the estate’s representative may file the claim.
What is the difference between a wrongful death case and a criminal case?
A wrongful death case seeks financial compensation for the family, while a criminal case is prosecuted by the state and seeks to punish the defendant for their actions. Both cases can proceed simultaneously but are handled separately.
How is a wrongful death claim different from a survival claim in Arizona?
A wrongful death claim focuses on the losses experienced by eligible surviving family members because of their loved one’s death. A survival claim, by contrast, generally preserves certain legal claims the deceased person could have pursued had they lived and is brought through the personal representative of the estate. Arizona law does not allow recovery for the deceased person’s pain and suffering after death under the survival statute.
Who receives the money from a wrongful death settlement in Arizona?
Under Arizona law, wrongful death compensation is distributed among eligible beneficiaries in proportion to the damages each has suffered. This means a settlement or award is not necessarily divided equally among a surviving spouse, children, and parents. Factors related to each beneficiary’s individual loss may affect the distribution.
What evidence is needed to prove a wrongful death claim?
The evidence depends on how the death occurred and which issues are disputed. A wrongful death lawyer may review accident or incident reports, medical records, photographs, video footage, witness statements, employment and financial records, insurance documents, electronic data, and other evidence showing how the death occurred and what losses resulted.
How long does a wrongful death case usually take?
There is no fixed timeline for resolving a wrongful death case. Some claims may settle after the investigation and insurance negotiations, while others take longer because liability is disputed, several parties are involved, extensive evidence must be collected, or a lawsuit proceeds through discovery and trial preparation. A wrongful death attorney can provide a more useful estimate after reviewing the circumstances and complexity of the particular case.
Can adult children file a wrongful death claim in Arizona?
Yes. Arizona’s wrongful death statute identifies a surviving child as an eligible party and beneficiary and does not restrict eligibility to minor children. An adult son or daughter may therefore have rights in a wrongful death action involving a parent.