Arizona Wrongful Death Lawyers
Attorney Representation in Phoenix, Arizona Since 1996
Arizona Wrongful Death Claims from Car Accidents or other Personal Injury claims: Have your Arizona Legal Questions Answered
Since we only handle injury and wrongful death claims, we have many people calling us to ask questions about their Arizona wrongful death claim. When you have a family member who has been killed by the negligence of another individual, it is always very confusing for people who have had to suffer such a loss of a close family member as to where to even start. We have put together some common questions below in one place to answer your questions regarding how to start working through the process of a wrongful death claim in Arizona. So that you know, we handle wrongful death claims caused by the negligence of another individual. Our office handles wrongful death claims throughout Arizona. Our practice is not just the neighborhood law shop. We have clients throughout the state of Arizona, throughout the United States, and sometimes we have clients throughout the world. Do not let that intimidate you, because we started as the local lawyers in Ahwatukee before we proved our mettle. The service we provide our clients remains the same, although we represent people in Phoenix, Tucson, Mesa, Chandler, Apache Junction, Tempe, Ahwatukee, Scottsdale, Glendale, Peoria, Goodyear, Avondale, Flagstaff, and everywhere else in the State. We recognize that it is a confusing time period deciding whether to hire an attorney or not for a wrongful death claim. Hopefully, the question and answers below will help you. We offer no obligation, no-cost consultations so you can call us anytime. If you do not find your question below, feel free to contact us with your question.
Q: My spouse died. How do I arrange the funeral if I have no money?
A: This is a common question. If you are in a position where you have no funds, there are several things you may be able to do to help pay funeral expenses when a spouse died tragically and unexpectedly as a result of the neglect or negligence of someone else. First, try to get the help of your friends and relatives. We know that this sounds obvious, but even just in the planning stages, friends and relatives can be very helpful. Funeral homes will often negotiate prices with you. Some funeral homes may be able to work with you more when it is involving a wrongful death matter in Arizona. Also, there are financial companies who will lend money to pay for funeral expenses when you are represented by counsel in the wrongful death case. There are also companies that will sometimes loan money for funeral expenses and then wait for payment out of the personal injury settlement. Lastly, there may be insurance coverage from the automobile policy that will pay for funeral expenses.
Q: What damages can be collected on a wrongful death case in Arizona?
A: Damages vary in an Arizona wrongful death case depending on the survivors and the injured person. In Arizona, a wrongful death claim is actually for the loss of companionship and support for the survivors of the person who was killed, in addition to other monetary claims such as lost wages of the person who was lost, particularly important where the family relied upon that income. Damages vary because the award depends on the survivors' relationship with the person who died and the lost wages that would be incurred by the person who died as well. In proving a wrongful death claim, the relationship between the decedent and the survivors must be proven along with the loss of financial contribution from the decedent. Proving these damages often requires experts to compile information and calculate damages to prove in a court of law. It is not a surprise to most that a wife who lost a loving husband she lived with and was married to for 15 years has a very different claim than a wife who was separated from her husband and considering divorce. It is in ways like this that the strength and quality of the relationship are vital elements of the claim.
Q: Is an adopted child able to recover for the loss of a father or mother killed in an Arizona accident?
A: A legally adopted child in Arizona can recover damages for a father or mother who is killed by the negligence of another individual. If the child was not legally adopted, however, the child would have no legal claim to the damages that were recovered. In the case that a child who was loved, cared for, and raised by a "parent" who was killed, but had not been legally adopted and it was not a birth parent, there is no legal claim the child can make.
Q: My boyfriend of 10 years was killed in a Phoenix construction accident. Do I have a claim?
A: According to the Arizona wrongful death statute, only spouses, children and parents of the decedent are entitled to damages and compensation under the wrongful death statute. If you are a girlfriend, it is not likely that you can recover any damages. The only way you may be able to recover damages is if there are no other beneficiaries of the estate (no living parents, no living children) and you were named as a beneficiary in the decedent's will. It is best to speak to an experienced injury and wrongful death attorney in Arizona to review the Arizona wrongful death statute in more detail.
Q: My children were involved in a car accident and my husband was the driver and he was killed in the collision. The insurance company says my husband was at fault. Do I have a claim?
A: All Arizona wrongful death claims are extremely complex. Arizona is what we call a comparative fault state. What this means is that a person can recover damages for whatever percentage of fault the other person or people may share. In a case where a person dies, an experienced wrongful death lawyer would review the police report and discuss the report with an expert witness. The witness would have to reconstruct the accident to see if your husband was completely at fault or to determine if someone else also shares the blame. The fact that the police on the scene thought your husband was at fault or an insurance company blames your husband does not eliminate the possibility that they are incorrect. If it could be proven that your husband was not completely at fault, even if he had a majority of responsibility, Arizona law would allow you as a wife to receive some much needed compensation for the family as a result of the tragic accident.
Your children would potentially have a claim against your husband's insurance company as well as against the other driver if it could be proven that both drivers shared some fault for the fatal Arizona car accident. It is always important to have a lawyer review all information. The police report for a fatal car accident can be a good start, but that is usually all it is: a good start. A full investigation should be done. We recently had a case where an attorney turned down the case because the police gave a citation to our client's daughter who was killed in a tragic accident. This other personal injury lawyer read the police report and assumed its contents to be accurate. A more complete investigation showed that there was a stronger claim for liability than originally believed. Our investigation demonstrated that the adverse driver may have been speeding and may have caused the collision. We were able to reach a significant settlement with the truck driver's insurance company even though the police claimed our client's daughter was at fault for the accident. Remember the police do their best but they are not at the scene of the accident at the time of impact. Many times there are details that can be uncovered that show the person who got the citation was not 100% at fault.
Q: My husband was killed in an Arizona automobile accident and my children are having a difficult time in school.
A: Although we are Arizona car accident wrongful death attorneys and not psychologists, we can tell you that it is not uncommon for children to have problems in school after a parent has been killed in an automobile accident. It is common that children have a difficult time adjusting to this tragedy. Finding the best possible resources for the whole family to at least aid in the adjustment can be vital. Too often, friends and family, school and religious organizations, fail to see the far-reaching effects of these incidents.
Q: What can I expect for a settlement for the loss of my loved one?
A: When a loved one has been killed because of the negligence of another individual in Arizona, it is the lawyer's responsibility to evaluate the claim. Every claim is different and it is impossible to evaluate a claim without reviewing all of the evidence and knowing the details of the accident. In a wrongful death claim in Arizona, an attorney will have to review with you your relationship with the decedent, how many beneficiaries there will be to the decedent's estate, the job occupation and lost wages of the decedent and survivors, and the circumstances surrounding the accident, among many other factors.
Many of our clients are located outside of Arizona but their loved one was involved in an incident where they were killed while they were in the state of Arizona. If you have a loved one who has been killed by another person's negligence, whether it be a car accident, motorcycle accident, trucking accident, or any type of accident, we may be able to help you. We are experienced Phoenix AZ personal injury attorneys handling claims throughout the Arizona metropolitan area.
We handle wrongful death claims in all cities in Arizona, including the following cities in Arizona:
- Wrongful death claims in Tempe
- Wrongful death claims in Chandler
- Wrongful death claims in Phoenix
- Wrongful death claims in Avondale
- Wrongful death claims in Scottsdale
- Wrongful death claims in Tucson
- Wrongful death claims in Apache Junction
- Wrongful death claims in Mesa
- Wrongful death claims in Glendale
Please contact Breyer Law Offices today to discuss your Arizona wrongful death claim with a dedicated and compassionate Phoenix wrongful death lawyer.
