Arizona Wrongful Death Blog

The Mesa wrongful death lawyers at Breyer Law Offices, P.C. were glad to hear that driver fatalities due to motor vehicle accident in Arizona have declined from 433 deaths in 2009 to 406 deaths in 2010.

In Mesa, a driver was killed on the morning of November 1. According to AZ Family reports, a minivan rear-ended a street sweeper just after 6 a.m. near Riviera Plaza Shopping Center just north of University Drive. The driver of the minivan was pronounced dead after reaching a local hospital. Meanwhile, the driver of the street sweeper sustained minor injuries.

We would like to extend our deepest condolences to the family of the killed victim and hope that the driver of the street sweeper will recover from his injuries.

Arizona Driver Fatalities Statistics

According to Arizona Department of Transportation (ADOT), passenger car drivers accounted for the highest number of Arizona fatal car accident victims in 2010 with 120 deaths. Meanwhile, van drivers accounted for 4 driver fatalities and pickup truck drivers accounted for 74 deaths.

Call an Experienced Mesa Wrongful Death Attorney

An experienced wrongful death lawyer in Mesa will be able to answer questions that the family of the minivan driver may have regarding a wrongful death claim. We have handled cases were people have rear-ended another vehicle and obtained a successful personal injury settlement. Questions that beg to be asked are whether the sweeper’s lights were on, if the city lights were on, if there were warnings signs on the back of the trucks, and other similar questions. For a free consultation with Breyer Law Offices, P.C., call today at (480) 389-2463.

An experienced Arizona pedestrian wrongful death lawyer can make sure that all those who are found to be negligent in an accident like this one are held accountable. AZCentral has reported that a 2-year-old boy has been killed after being hit by a vehicle in Mesa near Baseline and Recker Roads. The child was reportedly struck by an oncoming vehicle after running out from in between parked cars. The driver of the vehicle claimed they he didn’t see the child at all.

The child was pronounced dead after he was taken to a local hospital. Police say that neither impairment nor speeding were factors in the accident. Our condolences go out to the family. This is truly a tragic accident.

Mesa Pedestrian Accident Statistics

There were 20 fatal auto accidents in Mesa in 2009 resulting in 22 fatalities. In total, there were 52 people involved in these crashes and 5 were pedestrians.

How an Experienced Mesa Wrongful Death Lawyer Can Help

An experienced Mesa wrongful death lawyer may be able to help the family of this child. Although reports show the child ran out into the street, there still may be fault on other people. An experienced lawyer would look at whether there were parked cars on the road and whether the driver was speeding. Examining the scene of the accident may be able to give a lawyer more details about this accident. Breyer Law Offices, P.C. has been helping families for years when it comes to tragic accidents like this one. For a free consultation, call today at (480) 389-2463. You may also find additional helpful information on our Arizona Personal Injury Attorneys Facebook page.

As Mesa wrongful death lawyers, we were saddened to hear about the death of a man due to rear-ending a street sweeper at the intersection of Gilbert Road and University Drive early Tuesday morning around 5 a.m. The man was a resident of the Salt River Pima Maricopa Indian Community.

We express our sincere condolences to his family and friends. The driver of the street sweeper sustained minor injuries, according to The Tucson Citizen. Southbound Gilbert Road was closed from Adobe Street to University Drive for a few hours.

Mesa Car Crash Statistics

There were 20 fatal accidents resulting from car crashes in Mesa in 2009 according to City-Data.com. Fatal car accidents in Arizona could be the result of driving under the influence, distracted driving, driving at excessive speeds, and more. However, fatalities can also happen even if all drivers obey traffic laws.

Causes for Similar Car Crashes

Police have not yet released specific details about this case. As car accident attorneys, we often see collisions like this that are the result of distracted driving, speeding, and driving under the influence of drugs or alcohol. Other possible causes for an accident like this could include that the street sweeper didn’t have lights on or had merged too far into the lane. Until a proper investigation takes place, no one will know the facts.

How a Mesa Car Accident Attorney Can Help

An experienced Mesa car accident attorney can investigate a case like this to determine who was at fault. In some situations, wrongful death suits can be filed by the victim’s family. That’s why it’s so important to hire a knowledgeable attorney who will work to investigate the scene, interview witnesses, and review police reports. The best attorneys offer a free initial consultation and do not collect money until the case is settled. For your free consultation, call Breyer Law Offices, P.C. at (480) 389-2463.

An experienced car accident lawyer can help assist Chandler car accident victims in making sure that drivers who were driving drunk and caused an accident are found responsible. ABC15 has reported that a man who was involved in an automobile accident last October 8, 2011 in Chandler was accused of first-degree murder due to his negligent actions that resulted in a death. Police stated that the accident occurred early morning and the suspect appeared to be driving impaired. He ran a red light at McQueen Road, and then turned left at Island Drive in Gilbert. Police at this point were following the driver and lost sight of him. It was determined that the driver may have been travelling as much as 100 miles per hour. The suspect went back to Warner Road and again failed to stop at a red light at the intersection of McQueen Road and collided with another car. The car the suspect hit was carrying a father and his 7-year-old and 11-year-old son. The younger child sustained serious injuries and the 11-year-old boy was killed. The father was treated in the hospital but was later released.

Based on reports after the accident, the suspect ran out of his vehicle to hide from police but officers were able to find him. The officers noticed that the suspect had a strong odor of alcohol on his breath and had watery bloodshot eyes, and they also observed that he had slurred speech. It was later found that his alcohol level was at 0.235 and there were traces of amphetamine in his system. He now faces first-degree murder, three counts of aggravated assault, and unlawful flight from law enforcement. The bond was set at $ 750,000.

Contact an Experienced Chandler Wrongful Death Lawyer

Accidents like this one are tragic. There are no words that can explain how this accident occurred. This man needs to be held accountable and punished. Although reports indicate police were not chasing the vehicle, it is possible that the police were in fact chasing the car. If the police were chasing the vehicle, then the police would be responsible for the death of this sweet 11-year-old boy. No family should be torn apart by a drunk driver. An experienced Chandler car accident lawyer can investigate accident like these in depth to see if the police were at all responsible. There may be issues as well with the intersection lights or something similar that may have caused this accident. Clearly, the drunk driver is responsibile and needs to be punished, but as accident attorneys we always look at other possibilities for causes as well. If you lost a loved one because of the negligent actions of another in a traffic accident, the Phoenix traffic accident wrongful death lawyers at the Breyer Law Offices, P.C. can help you. Call for a free consultation at (480) 389-2463.

Wrongful death is a type of lawsuit claiming the victim was killed as a result of negligence by another party, whether it be a person, business, or government agency. This kind of claim may provide monetary compensation to the victim’s survivors. There are numerous situations that may give rise to a wrongful death suit, such as medical malpractice, motor vehicle accidents, construction site accidents, or death caused by a defective product.

The Arizona laws concerning wrongful death dictate everything from the types of damages that can be awarded to how long after an accident one has to file a claim, so the following information can help answer some common questions you may have regarding Arizona state laws and wrongful death claims.

Who can file a wrongful death claim in Arizona?

A surviving spouse, child, parent, or guardian may file a wrongful death suit. Also, a personal representative (appointed by the state to represent the beneficiaries) may bring action for the deceased on behalf of the survivors or the deceased person’s estate if there are no surviving claimants.

What kinds of damages can be awarded?

Juries award what they feel is fair, taking into account any facts regarding the wrongful or negligent act. Evidence considered when deciding to award wrongful death damages can include medical and funeral expenses, the loss of financial support once provided by the deceased, and pain and suffering (except in the case of a personal representative filing the claim).

What happens if the jury awards me compensation?

If compensation for damages are given by a jury, it is not subject to any liabilities or debt of the deceased individual. Only in the case of a personal representative will damages awarded be subject to the debts or liabilities of the deceased. After these are paid, any leftover amount will be given to the estate’s beneficiaries in accordance with state law.

The death of a loved one is already an extremely difficult time for the loved ones left behind, so pursuing a wrongful death claim which has complex laws surrounding it can make things even more complicated. The experienced Arizona wrongful death lawyers of the Breyer Law Offices, P.C. can help you and your family during this trying time. Please call (602) 457-6222 for a complimentary consultation.

Family members have many things to think about when coping with the death of a loved one. Making funeral arrangements and settling the affairs of the deceased leaves little time for other worries. However, if your loved one’s death was caused by the actions of others, you have the right to seek compensation in a court of law. Understanding what will happen in a wrongful death case can help you take this important step.

Do a person’s actions have to be deliberate to constitute a wrongful death?

No. Wrongful death cases include deliberate acts as well as accidental deaths.

Does a wrongful death settlement cover anything beyond funeral expenses?

Yes. In addition to funeral expenses, a wrongful death settlement can also pay for loss of future income of the deceased, medical bills generated before the person died, and the pain and suffering of family members. A settlement may also cover loss of service to the family, especially if the deceased was a parent or spouse.

Can anyone file an Arizona wrongful death claim?

No. Only the immediate family members of the deceased can file a wrongful death claim. In Arizona, this means that spouses, parents, and children qualify to file this type of case. If the deceased had no immediate family members, the estate can file the lawsuit and combine the proceeds with any remaining assets.

When you’ve lost a loved one due to the actions of someone else, you need an experienced legal professional to help you file an Arizona wrongful death claim and navigate the legal system. The Phoenix wrongful death lawyers at The Breyer Law Offices, P.C. can help you get justice after the tragic loss of a loved one. Call us at (602) 457-6222 to schedule a confidential review of your case.

If someone else’s negligence caused the death of a loved one, you have the right to seek compensation from the negligent party. However, this is not a fast and easy process. Unless the defendant settles because he or she realizes that a decision in his or her favor is unlikely, you must prove each of the following factors in a court of law before receiving any compensation.

Liability

The first issue you must prove in court is liability. The plaintiff must prove that the defendant was negligent, or you do not have a wrongful death case.

Causation

You must provide that the defendant’s negligence is what caused the wrongful death. In some cases, negligence is obvious. In other cases, it is difficult to prove causation.

Damages

The third factor that must be proven in court is damages. This occurs when your attorney proves that the amount of compensation you are seeking is fair based on the negligent action of the other party.

Because these cases are such a challenge, hiring an attorney should be your first action if you believe you have a wrongful death case. When searching for an attorney, choose someone who has extensive experience handling wrongful death cases on behalf of plaintiffs. Once you find an attorney, you will work together to build your case and prove these three important factors.

Nothing can replace the loss of a loved one, but filing a wrongful death lawsuit can help you get the justice your family deserves. The Scottsdale wrongful death lawyers of The Breyer Law Offices P.C. have extensive experience helping those whose lives have been altered due to the negligent actions of others. For a free and confidential review of your wrongful death case, call us at (602) 457-6222.

ABC15 reports that a man from Tucson is currently facing several charges for killing another motorist. The high-speed crash happened on Saturday morning during an illegal street race. The accident happened near the intersection of North Oracle Road and West River Road. Police say that another factor in the crash was alcohol. The occupants of the racing car suffered injuries which were not life-threatening, while the driver of the vehicle they crashed into died because of his injuries. The 22-year-old driver of the race car will be booked in the Adult Detention center on Pima for several charges after he is released from the hospital.

Tucson Car Accident Statistics

Car crashes and road traffic accident statistics for Tucson in 2009 indicate that the numbers have decreased since 2008. Vehicles involved in fatal accidents dropped from 101 in 2008 to 47 in 2009. Fatal accidents caused by drunken drivers decreased from 20 in 2008 to 8 in 2009.

Contact an Experienced Tucson Wrongful Death Attorney

The family members of a Tucson wrongful death victim are entitled to file a claim against the negligent party. Street racing in particular is not acceptable. Innocent lives are taken many times when other drivers are street racing. Many times it is the innocent people who are not participating in the street racing who are killed. For that reason, hefty fines and substantial punitive damages are given to drivers who injure or kill people when they are street racing. The experienced Arizona wrongful death auto accident lawyers at the Breyer Law offices, P.C. has handled these types of claims for years. If you have been injured by a driver who was street racing, call for a free consultation at (520) 308-6762.

The Arizona Republic reports that a former member of the Arizona State University swim team recently drowned while swimming in the campus pool with a friend. The friend said the two were swimming when he noticed his 22-year-old friend at the bottom of the pool. The man was already dead when first responders arrived and the Maricopa County Medical Examiner’s office has ruled the man’s death an accidental drowning.

While investigators do not know why this man drowned, some Arizona swimming pool drowning accidents occur because pool owners fail to take proper safety precautions. Swimming pools can be great fun, but they also pose a serious risk. Adult swimmers need to take responsibility for their own safety, but even those who obey all possible safety rules are not immune to injury or death if a pool owner fails to maintain the pool properly and make sure it is safe for swimmers to use.

Some of the possible risks of swimming in a pool that is not properly maintained and secured are:

• A defective pump that is not repaired immediately can cause shock or electrocution.
• An improperly maintained pool area that causes a swimmer to trip and fall into the pool. This can cause fractures, head injuries, or other serious injuries.
• Damaged pool liners or bottoms that can increase the risk of injuries, as swimmers can get their arms or legs caught in these defects.

If you lost a loved one because a swimming pool owner did not maintain the pool area properly, or because the owner knew about a defect and did not take steps to repair it, contact the Phoenix wrongful death attorneys at The Breyer Law Offices P.C. We have the experience needed to help you through every step of your case. Call us at (602) 457-6222 to schedule an appointment to discuss your case.

Employers in Peoria and throughout the state of Arizona have a responsibility to protect their employees from injury and death. In some cases, employers know they are using harmful chemicals in a workplace and fail to notify employees of the risks. Even worse, some companies fail to provide employees with basic protective equipment that could decrease the risk of illness or death due to chemical exposure. Goldfrank’s Toxologic Emergencies lists several types of chemical hazards in the workplace.

Metals

Many people think of metals as harmless substances, but some can cause serious illnesses and may cause death if metal poisoning is not diagnosed as soon as possible. Constant exposure to lead allows this metal to build up in the body, which can cause headache, pain, muscular weakness, high blood pressure, memory loss, abnormal sperm, mood disorders, and miscarriage.

Exposure to cadmium fumes may cause muscle aches, fever, and chills. This metal can also damage the respiratory system, causing chest pain, irritation of the nasal passages, throat irritation, bronchitis, and pulmonary edema. Mercury poisoning can lead to burning, pain, swelling, skin shedding, skin discoloration, fast heartbeat, profuse sweating, and high blood pressure. It can also damage the brain and kidneys.

Industrial Solvents

Industrial solvents such as alcohols, ethers, ketones, acetates, and halogenated compounds can cause a wide range of problems. Exposure can cause acute effects or chronic poisoning depending on the length of exposure. These chemicals are irritating and often affect the entire body, but they may affect just one or two organs.

Pesticides

Horticulturists, landscapers, and even produce workers are at risk for pesticide exposure because they handle flowers, fruits, and vegetables treated with chemicals. Acute effects of pesticide exposure include irritation of the skin, airways, and eyes. Delayed effects occur more than 24 hours after pesticide exposure and may include miscarriage, blood disorders, or impotence.

If your loved one developed medical problems and later died due to industrial chemical exposure, the Peoria wrongful death attorneys of The Breyer Law Offices P.C. can help you seek justice. We have experience working with clients whose lives have been forever changed by someone else’s negligence. Call us at (602) 457-6222 to discuss your case.