Phoenix Wrongful Death Lawyers

Steps to Take After Losing a Loved One

Losing someone you love unexpectedly is heartbreaking, and no one should have to handle the legal process alone while grieving. If your loss was caused by negligence, taking certain steps can help protect your family’s rights and ensure accountability.

• Lean on support:  This is an incredibly difficult time, and you don’t have to go through it alone. Reach out to family, friends, or professionals who can offer comfort and guidance.
• Gather important records:  Request a copy of the death certificate and any medical records to help clarify the cause and circumstances of the loss.
• Report concerns if needed:  If the passing involved suspicious or unlawful circumstances, notifying the authorities may be necessary to ensure a full investigation.
• Document what you can:  If possible, save any relevant photos, videos, or witness information that could help provide clarity on what happened.
• Be cautious with insurance companies:  It’s understandable to want closure, but early settlement offers may not fully cover your family’s long-term needs. Speaking with an attorney first can help protect your rights.
• Talk to a wrongful death lawyer:  A trusted attorney can guide you through the legal process, allowing you to focus on healing while they work to secure justice for your loved one.

At Thompson Law, we understand that no legal action can undo your loss, but seeking justice can help provide security for your family’s future. Reach out to us today for a FREE CASE REVIEW, and let us handle the legal side while you focus on healing.

Who Can File a Wrongful Death Claim in Phoenix?

In Arizona, only certain individuals can file a wrongful death claim for compensation after losing a loved one. These include:

• A surviving spouse.
• Children, whether minors or adults.
• Parents or legal guardians.
• Representatives of the deceased’s estate on behalf of eligible family members.

Disputes can arise if multiple family members attempt to file or claim compensation. An attorney can help ensure the process is fair and efficient, protecting your rights as a beneficiary.

Typically, a surviving spouse files on behalf of minor children, and they may also have priority over adult children when filing a claim. For guidance on filing a wrongful death claim, contact us today.

Leading Causes of Wrongful Death in Phoenix

Losing a loved one unexpectedly is devastating, especially when it could have been prevented. In Phoenix, wrongful deaths happen for many reasons, often because of someone else’s carelessness or reckless actions.

• Car Accidents:  Phoenix roads can be dangerous, with speeding, distracted driving, and drunk driving causing fatal crashes every year. If a driver was negligent, they should be held accountable.
• Pedestrian and Bicycle Accidents:  With heavy traffic on streets like Camelback Road and Bell Road, drivers who fail to stop for pedestrians or cyclists can cause tragic accidents.
• Medical Malpractice:  When doctors, nurses, or hospitals make mistakes—whether it’s a misdiagnosis, surgical error, or medication mix-up—the consequences can be life-threatening.
• Workplace Accidents:  Construction sites, warehouses, and other job sites in Phoenix can be dangerous when safety rules aren’t followed, leading to fatal injuries.
• Defective Products:  Faulty car parts, unsafe medications, or poorly designed products can put lives at risk. Manufacturers should be held responsible when their negligence causes harm.
• Unsafe Property Conditions:  Fatal slip and falls, drownings, and other accidents can happen when businesses, apartment complexes, or property owners don’t fix hazards or warn visitors.

No family should have to suffer because of someone else’s negligence. Our team is here to fight for you and make sure those responsible are held accountable. Schedule a FREE CASE REVIEW today to discuss your options.

Who Can Be Held Liable for Wrongful Death in Phoenix?

When a loved one’s life is cut short due to negligence, multiple parties may be responsible. Identifying who is liable is crucial to holding them accountable and securing the compensation your family needs. Depending on the circumstances, those at fault may include:

• Reckless or Negligent Individuals:  Drivers who speed, drive under the influence, or act carelessly behind the wheel, as well as medical professionals who make fatal errors, and employers who fail to maintain a safe workplace.
• Manufacturers of Dangerous or Defective Products:  Companies that produce faulty vehicle parts, hazardous medications, or unsafe consumer goods that result in fatal injuries.
• Property Owners and Businesses:  Landlords, store owners, and other property managers who ignore safety hazards, leading to fatal falls, drownings, or other preventable accidents.
• Government Agencies and Municipalities:  Poorly maintained roads, missing traffic signals, or hazardous public spaces can put lives at risk. If the city or state failed in its duty to maintain safety, they could be liable.

Proving liability in a wrongful death case requires an in-depth investigation and strong legal representation. Our Phoenix wrongful death lawyers are prepared to uncover the truth and hold every responsible party accountable. Let’s discuss your case – schedule a FREE CASE EVALUATION today.

Understanding Fault and How to Prove It

Proving fault in a wrongful death case requires showing that another party’s negligence directly led to your loved one’s passing. Arizona law follows a comparative negligence system, meaning more than one party may share responsibility. To establish fault, your attorney must prove:

• Duty of Care:  The responsible party had a legal obligation to act safely and prevent harm. For example, drivers must follow traffic laws, and doctors must provide competent medical care.
• Breach of Duty:  The person or entity failed to uphold their duty, such as a driver running a red light or a property owner ignoring dangerous conditions.
• Causation:  There must be clear evidence linking the breach of duty to the wrongful death. This may include accident reports, medical records, or expert testimony.
• Damages:  The surviving family members suffered financial or emotional losses, such as medical expenses, funeral costs, loss of income, and pain and suffering.

Evidence plays a critical role in proving fault. This can include:

• Police and accident reports documenting what happened.
• Medical records showing the cause of death and related injuries.
• Surveillance footage or photos capturing the accident or hazardous conditions.
• Eyewitness testimony from those who saw the incident occur.
• Expert analysis from medical professionals, accident reconstruction specialists, or workplace safety consultants.

Building a strong wrongful death case takes experience and attention to detail. Our legal team is ready to investigate, gather evidence, and fight for justice on your behalf. Schedule a FREE CASE REVIEW to learn more about your options. Speak with us today!

What Affects the Value of a Wrongful Death Claim?

The value of a wrongful death claim depends on several key factors, each impacting the potential compensation a family may receive. Courts and insurance companies evaluate various elements to determine a fair settlement, including:

• The circumstances of the accident and level of negligence involved. Cases where reckless or intentional misconduct caused the death may result in higher compensation.
• The deceased’s earning capacity and financial contributions. The loss of income, benefits, and future earnings is a significant factor in determining damages.
• The medical expenses incurred before passing. Costs for emergency care, surgeries, and hospital stays are typically included in a claim.
• The deceased’s role in the family. Compensation may increase if the individual provided financial, emotional, or household support, especially for a spouse or minor children.
• Funeral and burial expenses. The costs associated with end-of-life arrangements can be recovered as part of the claim.
• The pain and suffering endured by the deceased. If the victim experienced significant suffering before passing, additional damages may be awarded.
• The emotional and psychological impact on surviving family members. The loss of companionship, guidance, and emotional support can be factored into compensation.
• The availability of insurance coverage or liable party assets. The amount of compensation often depends on the financial resources of those responsible.

Each wrongful death case is unique, and the final settlement amount depends on the specific details of the claim. Find out what your case may be worth – reserve a FREE CASE EVALUATION today.

Why Families Trust Thompson Law

Choosing the right lawyer after losing a loved one is an important decision. You need a legal team that understands what you’re going through and is fully committed to fighting for your family’s future. At Thompson Law, we provide compassionate and aggressive representation to help you get the justice and compensation you deserve. Here’s why families in Phoenix turn to us:

• No Upfront Costs, No Risk:  You don’t have to worry about paying anything unless we win your case. We work on a contingency fee basis, so our success is tied to yours.
• Proven Track Record of Success:  With over $1.9 billion recovered for our clients, we know how to take on insurance companies and fight for the highest possible settlement.
• Immediate Legal Support:  When you call, you’ll speak with a lawyer right away. We make the process simple so you can focus on what matters most.
• Guidance Every Step of the Way:  We understand this is a difficult time, which is why we handle every legal detail for you while keeping you informed throughout the process.
• Aggressive Advocacy for Maximum Compensation:  Whether through negotiation or trial, we don’t settle for less than what your family deserves.
• Dedicated Client Care:  Every case is personal to us. We take the time to listen to your concerns, answer your questions, and ensure your family is treated with dignity and respect.
• Bilingual Representation:  If Spanish is your preferred language, our bilingual legal team is here to help so nothing gets lost in translation.

At Thompson Law, we take care of the legal burden so you can focus on your family and healing. Take the first step toward justice. Request a FREE CONSULTATION today and let us help you move forward.

Frequently Asked Questions

Can I file a wrongful death claim in Phoenix if no criminal charges were filed?

Yes, you can still pursue a wrongful death lawsuit even if no criminal charges were brought against the responsible party. Civil cases have a lower burden of proof than criminal cases, meaning you can hold someone financially accountable even if they were not arrested or convicted.

What if my family members disagree about filing a wrongful death claim in Phoenix?

Only one wrongful death lawsuit can be filed in Arizona, so eligible family members must work together. If disagreements arise, the court may decide how compensation is distributed. A wrongful death attorney can help mediate disputes and ensure all eligible beneficiaries are represented fairly.

Can I sue a Phoenix business for wrongful death?

Yes, businesses in Phoenix can be held liable for wrongful death if their negligence contributed to the fatal incident. This includes unsafe premises, negligent security, defective products, or hazardous working conditions. For example, if a fatal accident happened at a construction site due to safety violations, the company could be sued.

What if the responsible party in Phoenix has no insurance or assets?

If the at-fault party does not have sufficient insurance or financial resources, there may be other ways to recover compensation. This could include employer liability, uninsured motorist coverage (if the death resulted from a car accident), or claims against third parties. A wrongful death lawyer familiar with Phoenix cases can explore alternative options.

Can surviving family members recover compensation for emotional distress?

Yes, Arizona law allows families in Phoenix to seek damages for emotional distress, grief, and loss of companionship. While financial compensation cannot replace a loved one, it can provide support for the emotional and psychological toll of their passing.

What happens if the deceased had outstanding debts?

In most cases, a wrongful death settlement is paid directly to surviving family members and is not subject to the deceased’s debts. However, if the claim is processed through the estate, creditors may have a right to some of the compensation. Consulting a Phoenix wrongful death attorney can clarify how this might affect your case.

Can I file a wrongful death claim if the accident happened outside of Phoenix?

If your loved one’s death occurred outside of Phoenix but they lived in Arizona, you may still be able to file a claim in the state. However, if the accident happened in another state, that jurisdiction’s wrongful death laws will likely apply. A local attorney can help determine where and how to file your claim.