Wrongful Death

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 patient escaped from Arizona State Hospital in May, but hospital administrators canceled their missing persons report because the patient was “not a danger to himself or others.”

Just three months after his escape, the patient was arrested on suspicion that he slit the throat of a 32-year-old woman from Phoenix. Although the suspect is now in the Maricopa County lockup, the victim’s family is questioning whether more could have been done to find the man and prevent this tragic death. At the time of his escape, the man was at the hospital on a voluntary basis; however, his admission to the hospital occurred as the result of a court order. The court order expired, so his continuing treatment was no longer required by law.

Had a hospital staff member asked for the court order to be renewed, there would have been a more urgent response at the time of the patient’s escape. If the hospital had not canceled the missing persons report, any law enforcement officers would have known about the man’s escape at any point during the six times they encountered him between the middle of May and the end of August.

Another step that could have prevented this death is if a staff member had requested an involuntary mental health evaluation order for the patient. The law allows anyone to file this request based on the belief that the person is a danger to himself or others. Because the escapee had assaulted another patient and injured a security guard while he was in the hospital, he demonstrated that he was a danger to others.

When mental health workers fail to perform their duties properly, it sometimes leads to serious consequences. If you lost a loved one due to someone else’s negligence, the wrongful death attorneys in Phoenix at The Breyer Law Offices P.C. are here to help. We have the experience needed to handle wrongful death cases and fight on your behalf for the justice you deserve. To set up a free, no-obligation consultation to discuss your case, call us at (602) 457-6222.

One pedestrian has lost his life while another was injured in a fatal Arizona pedestrian accident on Thursday night, September 22, 2011 as reported by AZ Central. The Arizona pedestrian accident which happened at Sesame and Nelson roads resulted in the temporary closure of Milepost 223 on Gila River Indian Reservation.

Arizona Pedestrian Car Accident Statistics

As experts and experienced pedestrian car accident lawyers in Arizona, we are still surprised how often pedestrians become victims of fatal car accidents. ADOT reported that there were 1,449 pedestrian or 1.36 percent of the total crashes in 2010. ADOT also revealed that on the same year, 155 pedestrians were killed while crash-related injuries were sustained by 1,236 due to motor vehicle crashes.

Arizona State Pedestrian Laws

Pedestrians, just like any other road users are also subject to traffic rules and regulations of the state of Arizona. Section 28-645 of Arizona Pedestrian Laws states pedestrians are expected to comply with traffic signals. A driver is also expected to yield the right-of-way to pedestrians crossing within a crosswalk.

What Caused the Pedestrian Accident?

There are no specific details on the cause of the accident. The two victims might have been walking together when they were struck by the vehicle.

Call a Professional Pedestrian Car Accident Attorney

The Breyer Law Offices, P.C., is home to experienced wrongful death attorneys. If you have been injured or have lost a loved one in an Arizona pedestrian accident, contact Mark and Alexis Breyer at (602-457-6222 for your questions regarding your Arizona pedestrian accident injury case. Initial consultations are free. You can also follow us on our Arizona Law Team Twitter account for additional information, news, and topics of interest.

The Arizona Department of Health Services collects accidental death data and compiles a comprehensive report each year. In 2009, there were a total of 2,887 accidental deaths in the state. Some causes are much more common than others, with just three types of accidents making up 79.8 percent of all accidental deaths.

Although the state categorizes these as “accidental,” many of these fatal accidents are caused by the negligence or wrongdoing of others. Poisoning by drugs and medicines, motor vehicle-related accidents and falls were the leading causes of accidental death in 2009. Poisoning by drugs and medicines caused 802 deaths; motor vehicle accidents accounted for 771 deaths; and falls were responsible for 731 deaths. The number of deaths related to poisoning by drugs and medicines has risen sharply since 1999. There were only 383 of these accidents in 1999, meaning that the number of these accidents has doubled in the past ten years.

The other leading causes of accidental death account for far fewer deaths than these top three causes. These types of accidents include the following:

• Accidental drowning and submersion
• Choking on food
• Fire, flames and smoke
• Choking on non-food objects
• Aircraft accidents
• Exposure to excessive natural heat
• Medical/surgical mistakes

The families of accidental death victims face not only the grief of losing a loved one, but the burden of having to shoulder funeral expenses and work with banks, insurance companies, utility providers and other businesses to settle the financial affairs of the deceased.

If you lost a loved one due to a fall, motor vehicle accident, medical mistake or other accident caused or contributed to by someone else, contact the Arizona wrongful death attorneys of The Breyer Law Offices P.C. While you can never replace a loved one, we can work hard to get you financial compensation to cover funeral expenses and other costs. Call us at (602) 457-6222 for a free consultation.

Did you know that pedestrians are the most at risk of being seriously injured or even killed in road traffic collisions? Pedestrians are 1.5 times at risk of being killed in a pedestrian-motor vehicle crash compared to any car occupants. In the United States, pedestrian fatality averages one death every two hours while pedestrian injury every 8 minutes.

In 2009, more than 4,000 pedestrians died nationwide according to the National Highway Traffic Safety Administration (NHTSA). In Arizona, 1,449 pedestrians were involved in crashes in 2010 and 155 of these died and 1,236 were injured. Pedestrian fatalities accounted for 20.34 percent of the total fatalities in 2010. Although pedestrian crashes have slightly declined from 1,527 in 2009 to 1,449 in 2010, pedestrian fatalities have increased to 155 from 122 in 2009.

A fatal Phoenix pedestrian crash was witnessed at 44th Street and Elliot Road around 6 a.m. (08/24/11). The victim was a woman in her 20s. According to police, she went out along Warner-Elliot Loop for either a walk or a jog when a black Nissan went up the curb and struck her.

Due to the victim’s critical condition, paramedics who responded on the scene did and a “scoop and run”. She was taken to a local hospital but later died because of the injuries she acquired from the accident. The woman did not have any identification with when the incident happened.

Meanwhile, the driver was in his early 20s, stayed in the scene and was later released. Investigators are still on the process of determining the cause of the accident.

If you have lost a loved one in a fatal Arizona pedestrian accident and would like to seek compensation, call one of our Phoenix wrongful death attorneys at (602) 457-6222 for a free consultation.

In Arizona, you have the right to file a lawsuit to recover damages on behalf of someone who passed away as the result of personal injuries. Personal injury and wrongful death cases have some similarities, so they have several possible defenses in common. You should prepare yourself for these common wrongful death defense strategies in Arizona before you proceed with your case:

Release Agreement

If the deceased person signed a release agreement prior to his or her death, the defendant may use this signed agreement to fight a wrongful death suit. Although this type of agreement may prevent someone from suing the defendant for simple negligence, it does not protect the defendant against claims of gross negligence.

Assumption of Risk

The defendant might claim that the deceased person knew about the dangers involved with his or her conduct and proceeded anyway.

Self-Defense

The defendant might argue self-defense in a wrongful death suit. This defense can only be successful if the defendant can prove that s/he had reasonable grounds to believe that death or bodily harm was imminent.

Unlawful Actions

If the deceased person was engaged in an illegal act at the time of death, the beneficiaries cannot recover damages. This defense is used to prevent illegal acts from being rewarded.

Contributory Negligence

The defendant might argue that the decedent’s actions contributed to his/her death. Unless the defendant acted intentionally, willfully, maliciously or wantonly, the decedent’s family cannot recover any money in a wrongful death suit if there was contributory negligence.

Preparing yourself for these defenses is important, but the importance of hiring an experienced attorney cannot be overestimated. The Scottsdale wrongful death attorneys at The Breyer Law Offices P.C. have experience winning wrongful death cases and getting justice for those who lost loved ones due to the negligence of others. For a free, no-obligation consultation, call us at (480) 753-4534 today.

Giving condolences after a fatal Arizona accident can help relieve their pain and give them hope for the future. However, some well-intended sentiments can actually cause hurt feelings or resentment on the part of someone who is grieving. Avoid these statements when extending condolences to family members, friends and acquaintances:

• Your loved one is in a better place.
• Everything happens for a reason.
• She was lucky to live this long.
• This wouldn’t have happened if he had taken better care of himself.
• This is God’s plan.
• You should move on with your life.
• Many people don’t live as long as she did.
• You will find someone else.

While friends and family members say these things to console someone who is grieving, these statements are sometimes harmful. Saying a death wouldn’t have happened if the deceased had done something differently casts blame. Referring to the age of the deceased is disrespectful, as it doesn’t matter how long someone lived when a family member is mourning. Avoid these statements when expressing your condolences and you can avoid upsetting the very person you want to comfort.

Fatal Arizona accidents claim the lives of thousands of people each year. In some cases, the negligence of others contributes to the death of a cherished family member or friend. If you lost a loved one due to someone else’s negligence, contact the wrongful death lawyers in Peoria at The Breyer Law Offices P.C. Our personal injury attorneys have experience helping those whose lives have been forever changed by fatal accidents. Call us at (623) 455-6603 for a free case review. You may also visit our Husband and Wife Law Team Facebook page for news, helpful information and additional topics of interest.