Gilbert Wrongful Death Lawyers

What Qualifies as a Wrongful Death in Arizona Law?

Under Arizona law, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, or default” of another party.

Common causes of these include:

• Fatal car, truck, or pedestrian accidents.
• Medical errors.
• Workplace or construction site incidents.
• Defective products or unsafe premises.
• Misconduct or negligence by public safety personnel.

If the deceased would have had grounds for a personal injury lawsuit had they survived, then their surviving family members may have the right to pursue a wrongful death claim.

If you’re unsure whether your situation qualifies, contact our Gilbert wrongful death lawyers today for a FREE CONSULTATION.

Who Can File a Wrongful Death Claim in Gilbert, AZ?

Arizona law limits who can file a wrongful death lawsuit to specific surviving family members.

These include:

• The deceased person’s spouse.
• The deceased person’s children.
• The deceased person’s parents or legal guardians.
• A personal representative on behalf of the estate if none of the above are available.

Each eligible party may have the right to seek damages for their personal losses. In some cases, multiple family members may be involved in a single claim. If there’s a dispute about who can file or how damages are distributed, the court may make that determination.

Our legal team can help you understand your rights and guide you through the filing process. Contact Thompson Law’s Gilbert wrongful death attorneys for a FREE CASE REVIEW.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated Gilbert Wrongful Death attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a Wrongful Death case ruin your life. Contact our Gilbert Wrongful Death Lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

What Compensation Can Families Recover in a Gilbert Wrongful Death Case?

A wrongful death claim is designed to compensate surviving family members for both financial losses and the emotional impact of losing a loved one. In Arizona, compensation may include:

• Funeral and burial costs
• Medical expenses related to the final injury or illness
• Loss of the deceased’s income or financial support
• Loss of companionship, love, and guidance
• Emotional pain and suffering experienced by surviving family members
• Loss of household services previously provided by the deceased

The amount awarded depends on the details of the case, including the victim’s age, income, and the circumstances of their death. Our attorneys work with financial and medical experts to ensure no detail is overlooked when calculating damages.

If you’ve lost someone due to negligence, reach out to our Gilbert wrongful death lawyers today. Schedule a FREE CONSULTATION to discuss your legal options and next steps.

Unique Legal Challenges in Proving Wrongful Death Cases

Wrongful death claims often come with legal hurdles that make them different from other personal injury cases.

Some of these peculiar challenges include:

• Cases involving government entities. This means having to deal with shorter deadlines and special filing rules.
• Medical-related deaths. Most often, this requires complex expert testimony.
• Disputes over whether negligence occurred or who is legally at fault.
• Multiple parties being involved, such as in accidents or care-related deaths.
• Lack of witnesses or incomplete documentation.

Our legal team knows how to deal with these obstacles and present strong, evidence-based cases that stand up to scrutiny. If you’re facing one of these challenges, contact our Gilbert wrongful death lawyers for a FREE CASE REVIEW.

Calculating the Full Value of a Life Lost in a Wrongful Death Case

There’s no formula that can truly measure the value of a life, but Arizona law allows families to pursue compensation for both economic and non-economic losses.

Economic losses may include:

• Lost wages and future earning potential.
• Medical and funeral expenses.
• Lost benefits like retirement or health insurance.
• The value of services the deceased provided to their household.

Non-economic losses are just as important:

• Emotional pain and mental suffering.
• Loss of love, companionship, guidance, and support.
• Impact on surviving children, spouses, or parents.

We work with actuaries, economists, and grief counselors to build a complete picture of what your family has lost. Our goal is to pursue the compensation you need to rebuild your life and secure your future.

To discuss your case with a compassionate legal team, contact our Gilbert wrongful death lawyers today for a FREE CONSULTATION.

The Emotional Impact of a Wrongful Death (And How Legal Action Helps Families Heal)

While no lawsuit can bring a person back, legal action can be an important part of the healing process.

Filing a wrongful death claim gives families:

• A sense of closure
• A structured way to gather answers about what really happened
• Financial support
• A platform to honor the memory and value of the life that was lost

If your family is navigating a tragic loss, contact our Gilbert wrongful death attorneys for a FREE CASE REVIEW.

Wrongful Death vs. Criminal Homicide in Arizona: What’s the Difference?

In Arizona, there are two different legal paths that may follow a fatal incident:

A wrongful death case is a civil matter, usually brought by the surviving family to recover financial compensation for what they’ve lost. This focuses more on support, not punishment.

A criminal homicide case, on the other hand, is handled by the state. This includes charges like manslaughter or murder, and the goal is to punish the wrongdoer through jail time, fines, or other criminal penalties. These cases require a much higher level of proof: beyond a reasonable doubt.

In many situations, both types of cases can happen at the same time. For example, if a drunk driver causes a deadly crash, they may face criminal charges and also be sued by the family in civil court. Even if no criminal charges are filed, the family can still pursue a wrongful death claim.

If you’re unsure what applies in your case, our legal team can walk you through your options. Contact our wrongful death lawyers in Gilbert for a FREE CONSULTATION.

Common Accidents That Lead to Wrongful Death Claims in Gilbert

Wrongful death cases can arise from many types of incidents, especially those involving negligence or preventable mistakes. In Gilbert, some of the most common causes include:

• Motor vehicle accidents, including car, truck, motorcycle, and pedestrian crashes.
• Medical malpractice, such as misdiagnosis, delayed treatment, or failure to respond to emergencies.
• Construction or workplace accidents, often involving falls or equipment failure.
• Defective products, including faulty medical devices or unsafe consumer goods.
• Nursing home neglect, including failure to monitor or respond to urgent medical needs.
• Emergency response failures, such as delayed care or improper triage, like in the recent case involving Gilbert Fire and Rescue personnel.

If a preventable accident led to your loved one’s death, your family may be entitled to seek justice through a wrongful death claim. Reach out to Thompson Law’s Gilbert wrongful death lawyers today for a FREE CASE REVIEW.

Dangerous Roads and Intersections in Gilbert Where Fatal Accidents Occur

Some high-risk intersections in Gilbert are:

• Lindsay Road and Warner Road:  Frequently cited for a high number of crashes over recent years
• Val Vista Drive and Baseline Road:  One of Gilbert’s busiest intersections with a history of collisions
• Williams Field Road and Recker Road:  The site of multiple serious accidents, including recent fatal crashes

Local Laws and Statutes That Govern Wrongful Death in Gilbert

Wrongful death claims in Gilbert are governed by Arizona state law. These civil claims allow surviving family members to pursue compensation when a person dies due to another party’s wrongful act or failure to act:

• ARS §12-611:  Establishes the right to bring a wrongful death claim if the deceased could have filed a personal injury lawsuit had they survived.
• ARS §12-612:  Lists who is legally allowed to file a claim, including spouses, children, parents, and estate representatives.
• ARS §12-613:  Describes how any awarded damages are to be fairly distributed among surviving beneficiaries.

Understanding these laws is essential for families navigating a wrongful death case. If you need help determining your eligibility or how to proceed, reach out to our Gilbert wrongful death attorneys for a FREE CONSULTATION.

What to Do After a Fatal Accident in Gilbert

After the sudden loss of a loved one, it can be hard to know what to do first. Emotions are high, and important decisions must be made quickly.

Here’s what you need to do:

• Ensure you receive the death certificate and any related medical records.
• Get a copy of the police or incident report if available.
• Document what you know about the incident while it’s still fresh.
• Keep records of funeral, burial, and any out-of-pocket expenses.
• Avoid speaking with insurance companies until you’ve consulted an attorney.
• Contact a wrongful death attorney to understand your legal options.

Legal action can feel overwhelming during a time of grief. We’re here to take the burden off your shoulders and walk you through the process. Contact our Gilbert wrongful death lawyers today for a FREE CASE REVIEW.

How Long Do You Have to File a Wrongful Death Lawsuit in Arizona?

In Arizona, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death. If the claim is not filed within that time, you may lose the legal right to seek compensation.

There are exceptions to this rule:

• Claims involving government entities have a shorter window (180 days to file a notice of claim and one year to file the lawsuit).
• In rare cases, if the cause of death wasn’t immediately known, the timeline may begin once the death is discovered to be wrongful.

Because deadlines can vary depending on the situation, it’s important to speak with an attorney as soon as possible. Contact our Gilbert wrongful death lawyers today for a FREE CASE REVIEW and to make sure your claim is filed on time.

Take Action Today with Thompson Law’s Gilbert Wrongful Death Attorneys

When tragedy strikes due to someone else’s negligence, your family deserves compassionate support and determined legal representation. At Thompson Law, our Gilbert wrongful death lawyers understand the emotional and financial challenges you’re facing and are committed to securing justice for your loved one.

We’re here to offer clarity, guidance, and unwavering advocacy. There’s absolutely no cost to discuss your situation with us, and you owe nothing unless we recover compensation for you.

Your family doesn’t have to navigate this alone.

Contact our wrongful death attorneys in Gilbert today for your FREE CASE REVIEW. Let us help you move forward and seek the closure you deserve.

Gilbert Wrongful Death FAQs

Can I still file a wrongful death claim if my loved one had pre-existing health conditions?

Yes. If negligence or a specific incident worsened their condition or directly caused their death, you may still have a valid claim.

The presence of pre-existing conditions does not excuse negligent actions that led to a fatal outcome.

What if multiple family members disagree on whether to file a wrongful death lawsuit?

The personal representative of the estate typically files on behalf of all beneficiaries, and the court may intervene if necessary to resolve disputes.

Can a wrongful death claim be filed if the person died weeks or months after the accident?

Yes. As long as there is a clear link between the fatal outcome and the original injury or incident, a wrongful death claim may still be filed, even if the death occurred sometime after the event.

Will filing a wrongful death claim affect any life insurance payouts we received?

Generally, no. Life insurance benefits are separate from legal claims and do not impact your ability to pursue a wrongful death lawsuit. However, your attorney can help review how all forms of compensation may interact.

What happens if the person responsible for the death was also a family member?

These situations are difficult, but legal action can still be taken. The case may proceed through the estate, and courts can still assign liability if wrongful actions occurred, even within a family.