Arizona Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence or other wrongful act can be overwhelming and painful. You may face unexpected costs and emotional distress and feel uncertain about your legal options for pursuing compensation to relieve your family’s burdens. An experienced attorney can assist you, giving you time to focus on healing.
Our trusted Arizona wrongful death lawyers at Feller & Wendt, LLC™, have significant experience guiding families through wrongful death claims. We have a strong track record of recovering significant compensation for grieving families.
Why Experience Matters When Choosing a Wrongful Death Attorney in Arizona
Our experienced personal injury lawyers have an in-depth understanding of Arizona’s wrongful death laws and deep knowledge of the state’s legal landscape. We know its judges, lawyers, and the local experts who bolster Arizona wrongful death claims.
When you partner with us, you get a team of thoughtful, committed attorneys who always put their clients first. The things we offer include:
- Over 70 years of combined experience handling wrongful death cases
- A 99 percent success rate, with 85 percent of cases settling without filing a lawsuit
- Direct access to your attorney through personal cell phone numbers to facilitate open communication
- Over 550 5-star reviews that include unequivocal recommendations and praise for our personal attention and ability to get results
- A proven record of positive case results totaling over $85 million
- Significant success in wrongful death claims, including $1.5 million, $1 million, and $500,000 recoveries
Our lawyers understand what you are experiencing and will always treat you with compassion and respect. But we also fight to pursue the compensation you deserve. We always stand by our firm philosophy, “Our Family Protecting Yours.”
Our Arizona Office Locations
1 N 1st Street Suite 7550
Phoenix, AZ 85004
(By Appointment Only)
When Can You File an Arizona Wrongful Death Claim?
Under Arizona Revised Statute §12-611, a wrongful death is a result of a wrongful act, neglect, or default by another party. The statute allows wrongful death claims if the deceased could have filed a personal injury claim had they survived.
The Arizona wrongful death statute further states that a person or corporation can be liable for a wrongful death. Circumstances that prompt wrongful death claims include car accidents, defective products, premises liability, truck accidents, and motorcycle crashes.
Who Can File an Arizona Wrongful Death Lawsuit?
The state limits who can file a wrongful death claim in Arizona Revised Statutes §12-612. The following are the eligible parties:
- Surviving spouse
- Surviving children
- The deceased’s parents or legal guardians
- Representative of the deceased’s estate if there are no direct beneficiaries
The state prohibits siblings or extended family members from joining wrongful death suits unless they have been appointed as the personal representative. Arizona does not recognize common-law marriage, so unmarried partners also cannot file a wrongful death claim.
People who don’t qualify to file a wrongful death claim may still receive funds from a will or estate, but not by directly filing a wrongful death claim.
How Long Do You Have To File an Arizona Wrongful Death Case?
Under the statute of limitations for wrongful death, Arizona Revised Statutes § 12-542, you must file a lawsuit within two years of the death date. If you fail to timely file your case, you will likely forever lose your right to seek compensation through the courts.
There are some exceptions to the statute of limitations. If you are filing a claim against a government entity, you have 180 days to file a notice and one year to file a lawsuit if the entity doesn’t offer a fair settlement.
The period may be “tolled,” or paused, if the plaintiff is a minor or the defendant has left the state. However, there is no guarantee a judge will agree with your reasoning and grant more time.
Partner with our skilled Arizona wrongful death lawyers so we can gather critical evidence, secure witness testimony, and build your claim for damages.
What Compensation Can You Recover in a Wrongful Death Case?
Arizona addresses wrongful death damages in Arizona Revised Statutes Section § 12-613: It allows for “fair and just” compensation and consideration of aggravating and mitigating circumstances. You can pursue the following damages:
- Economic losses: Funeral expenses, medical bills, lost wages, loss of financial support
- Non-economic losses: Pain and suffering, loss of companionship, emotional distress
- Punitive damages: Only in cases where you can show the defendant’s actions were outrageous, created a substantial risk of harm, and showed a conscious and deliberate disregard for others’ rights and safety. For example, a judge may allow punitive damages in an Arizona wrongful death claim involving a drunk driver with past convictions.
Calculating damages in a wrongful death claim can be complex, especially if there are high medical bills or multiple liable parties involved. Our accomplished attorneys have a long record of securing Arizona wrongful death settlements in complicated claims and will put our decades of combined legal experience to work for you.
How Are Arizona Wrongful Death Settlements Distributed?
Even if multiple parties are eligible to collect compensation, Arizona only allows them to file one wrongful death lawsuit. If there is a settlement or verdict, a judge must approve distribution based on the financial dependence of each of the deceased’s beneficiaries, the emotional and economic impact of their losses, and the deceased’s income and lost earning potential.
If the estate receives a wrongful death settlement, it becomes part of its assets, and the representative distributes it based on Arizona probate laws.
Will Your Case Result in a Settlement or Go to Court?
Most wrongful death cases settle out of court, but litigation may be necessary in several circumstances. Sometimes, the at-fault party argues they aren’t liable or refuses to negotiate fairly. Other times, insurance companies deny their clients’ level of responsibility or offer low settlements that don’t address a family’s full damages.
Factors that affect whether you receive a settlement or go to court include:
- Strength of evidence
- Witness testimony
- The number of defendants
- Whether punitive damages could apply
We always try to secure a fair settlement before resorting to court. Even when the other party won’t cooperate or insists on litigation, we can often secure a settlement before a verdict based on the strength of our cases. We always stand by our clients and know what it takes to convince insurers and defendants that going to trial is not in their best interests.
Reach Out to Feller & Wendt, LLC™ , for Award-Winning Legal Representation
We understand when people are reluctant to file lawsuits, especially when they are already coping with grief. But after a wrongful death, your loved one deserves justice, and you and your family deserve compensation for the harm you suffered because of the liable party’s actions.
Every member of our legal team will treat your family respectfully and compassionately and personalize your legal representation. Our job is to interpret the law and tell your loved one’s story. We have a history of accomplishing this in a way that secures fair, meaningful compensation before our clients have to see the inside of a courtroom.
Contact our Arizona wrongful death lawyers for a free consultation by calling 480-702-2277 or completing our online contact form. We offer a no-fee guarantee, so there are no upfront costs, and you only pay us if we win.
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*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
