At Levenson Law, we understand that seeking justice for the wrongful death of a family member is an emotionally draining process. We want to help you take the burden of your legal processes off your shoulders, so you can focus on what matters most: healing and remembering your lost loved one.
We are experienced in all aspects of wrongful death litigation and will use our knowledge to develop the right legal strategy for your case. We will work to recover damages such as medical expenses, end-of-life costs, funeral expenses, pain and suffering, loss of consortium, lost wages or income potential, and property damage if applicable. Our goal is to ensure that those responsible are held accountable while seeking fair compensation for you and your family during this difficult time.
At Levenson Law, we value your family and will provide the care and respect you deserve. We understand what a difficult situation this is for you and are here to help you through it. Contact us today so we can get started on recovering justice for your loved one.
We understand that no amount of money can bring back someone you love, but we want to ensure justice is served for them and your family. Our skilled Phoenix wrongful death attorneys at Levenson Law are here to help you seek the compensation you need to move forward with life after the tragedy of losing a loved one. Contact us today so we can start taking steps toward justice together.
Reach out to us today for a free consultation and let us start fighting for the justice your family deserves.
We are here for you. Our team at Levenson Law is ready to stand by your side, providing the legal expertise and compassionate support you need during this difficult time. Don’t wait – contact our Phoenix wrongful death attorneys today so we can start taking steps toward justice together.
What Is A Wrongful Death Case?
In Phoenix, a wrongful death case is defined as one in which the death of an individual was caused by another person’s negligence or intentional act. Wrongful death cases can involve any number of causes, including medical malpractice, automobile accidents, workplace hazards, and product liability. For a case to qualify as wrongful death in Arizona, there must be evidence that the deceased would have had cause to sue for damages if they were still alive.
The surviving family members of the decedent are usually the ones who pursue a wrongful death lawsuit. The damage award may include compensation for funeral expenses, loss of income and/or benefits, pain and suffering experienced by the deceased before their passing, emotional distress suffered by the survivors, and loss of companionship or consortium.
Under Phoenix law, only certain family members are allowed to bring a wrongful death claim. These include spouses, domestic partners, children (including adopted and stepchildren), parents (including adoptive and in loco parentis), siblings, grandparents, and other blood relatives who were financially dependent on the deceased at the time of their death. It is important to note that surviving unmarried partners of the decedent do not typically qualify as plaintiffs in wrongful death cases under Phoenix law.
Arizona is different from many other states regarding wrongful death damages; punitive damages are not available for wrongful death suits in Arizona. Additionally, Arizona has placed limits on non-economic damages, such as pain and suffering, in wrongful death cases. This makes it important for any potential plaintiffs to have experienced legal counsel on their side when pursuing a wrongful death case in Phoenix.
If you believe that your family member has died due to the negligence or intentional act of another person, you may be eligible to pursue a wrongful death lawsuit. Contact an attorney well-versed in Phoenix law today to discuss filing a claim.
Wrongful death cases are unique because they often involve complex issues of fault and liability; therefore, having an experienced lawyer is essential for obtaining justice and obtaining the maximum amount of compensation available under the law.
An experienced lawyer can help victims’ families navigate the complexities of Arizona wrongful death laws and will be an asset in their fight for justice.
What Actions Can Be Considered Negligent In Wrongful Death Cases?
Negligence in Phoenix wrongful death cases can take many forms. In some cases, a person's failure to exercise the level of care that an ordinarily prudent person would under similar circumstances is considered negligent behavior.
For example, if a driver fails to exercise due diligence and follow speed limits or traffic laws when driving, resulting in a fatal collision, their actions could be viewed as negligent. Similarly, medical professionals who fail to properly diagnose or treat a patient's condition may also be held accountable for wrongful death.
In other situations, individuals may not take steps they should have taken to prevent harm from occurring. For instance, property owners have a responsibility to maintain their premises free of hazards like broken stairs or cracked sidewalks; if someone is injured on their property due to such hazards, the owner may be held liable for wrongful death.
Similarly, if a product manufacturer fails to make sure that their products are safe enough for consumer use and someone is killed as a result, they could be found negligent in court.
Negligence can also be found when individuals fail to act by what's expected of them under certain circumstances. For instance, employers have a responsibility to provide their employees with a safe working environment; if an employee dies because of inadequate safety protocols or hazardous materials in the workplace, the employer may be found at fault.
No matter the cause of death, negligence must be proven beyond a reasonable doubt for any party to be held accountable in a wrongful death suit. An experienced attorney can help you navigate the complexities of these cases and seek justice on behalf of your loved one. With their legal expertise, they can assist in gathering evidence and presenting a strong case to pursue fair compensation for your family’s loss.
If you believe that someone else is responsible for the untimely death of a loved one, do not hesitate to reach out to an attorney who specializes in wrongful death suits. They can provide invaluable guidance during this difficult time.
Types Of Wrongful Death Claims
In, Arizona, wrongful death cases when a person’s death is by the negligence of another party These cases can be complex and to prove, so it is important to understand all the different types of wrongful death cases that may occur in the area.
One type of wrongful death case is medical malpractice. If someone dies due to the negligence of a doctor or other medical professional, then their family members may be able to pursue a claim against that individual or institution. This could include instances where a doctor failed to diagnose an illness correctly or prescribed medication that resulted in serious complications or even death.
Another type of wrongful death case related to medical care is nursing home abuse or neglect. If a resident of a nursing home dies due to the negligence or intentional actions of an employee, their family members may be able to pursue a claim. This could include cases where the nursing home staff failed to provide adequate medical care, supervision, or nutrition for the deceased.
A third type of wrongful death case is motor vehicle accidents. If someone dies as the result of another driver’s recklessness or negligence on the road, then their family members may be able to obtain compensation from that driver. This could include collisions involving cars, trucks, buses, and other vehicles as well as pedestrians who were struck by a negligent driver.
Lastly, workplace accidents are also a potential source of wrongful death cases in Phoenix. If someone passes away due to the negligence of their employer or other employees in the workplace, their family may be able to pursue a wrongful death claim. This could include cases where hazardous conditions led to an employee’s death, such as inadequate safety measures or lack of proper training.
These are only a few examples of potential wrongful death cases that may occur in Phoenix, Arizona. If you believe your loved one has passed due to someone else’s negligence, it is important to seek legal advice as soon as possible in to better understand your rights and options.
An experienced attorney can guide how best to proceed with filing a wrongful death claim. With the right support and information, you can strive for justice for yourself and your family during this difficult time.
Wrongful Death Law Firm
How To Prove A Wrongful Death Case
In a Phoenix wrongful death case, liability is established when someone's negligence causes another person to die. To establish liability, attorneys must present evidence that shows who was at fault and why they should be held liable. This can include witness statements medical records, police reports, photographs or videos of the accident scene, expert testimony, and much more.
Witness statements are often crucial in a wrongful death case as they can provide firsthand accounts of what happened leading up to the accident. They may also speak to the actions taken by the defendant which led to an increase in risk and ultimately resulted in fatal consequences.
Medical records provide insight into the victim's diagnosis after being admitted to the hospital following the incident. These documents can prove that the victim's death was a direct result of their injuries, and ultimately help to prove negligence on the part of the defendant.
Police reports can provide an overview of how law enforcement responded to the incident, as well as any evidence they collected. This evidence could include photographs or videos taken at the scene which may be used in court proceedings to establish liability.
Expert testimony is often required as a way of providing additional insight into complex issues surrounding wrongful death cases such as medical causation, negligence standards, and other important topics.
Expert witnesses are typically experienced professionals from fields such as medicine, engineering, science, and more who can provide unique perspectives and information regarding the case at hand.
Presenting all relevant pieces of evidence is key to establishing liability in a Phoenix wrongful death case. Although it can be difficult to prove negligence and causation, having the right type of evidence can make all the difference. By carefully gathering and analyzing all relevant information, attorneys can help their clients get the justice they deserve.
What Compensation Can I Collect In My Phoenix Wrongful Death Claim?
In addition to receiving financial compensation, there may also be other forms of compensation available to the victim's family in a Phoenix wrongful death case. The most common form is non-economic damages, which are intended to cover intangible losses such as pain and suffering or loss of companionship. In certain cases, punitive damages may also be awarded if it can be proven that the defendant was grossly negligent or acted with malice.
The amount of non-economic damages will vary depending on the severity of the case, with higher awards being given for more severe wrongdoings. Punitive damages tend to have larger award amounts than non-economic damages due to their purpose as deterrence against similar behavior in the future. This type of compensation is meant to punish the defendant for their actions.
In addition, families may also be able to recover any financial losses they incurred because of the loved one’s death. This includes funeral expenses, medical bills resulting from the injury that led to the death, and lost wages or benefits if the deceased was employed at the time. In cases where there is a survivor or dependent with an interest in the deceased’s estate, such as a spouse or child, they may also be eligible for compensation.
Ultimately, determining what kind of compensation should be awarded in wrongful death cases will depend on each case and its specific facts. With so much at stake, victims must seek legal representation from experienced wrongful death attorneys in Phoenix to ensure that their rights are protected and that they receive the compensation they deserve.
Who Can File A Phoenix Wrongful Death Claim?
In Phoenix, Arizona, the following parties can file a wrongful death claim: surviving spouse, child, or children of the deceased person, parents of the deceased person, the personal representative of the deceased’s estate, and any other beneficiary named in the deceased’s will.
The surviving spouse has priority over all other claimants to receive damages for emotional distress and loss of support; however, if there is no surviving spouse then this right may be passed on to any children. If neither a spouse nor children exist, then it would pass to either one or both parents of the deceased.
The personal representative of the decedent's estate also has the right to file a wrongful death claim. This party is responsible for representing the interests of any other beneficiaries named in the deceased’s will. This includes siblings, grandparents, aunts, uncles, and any distant relatives of the deceased.
The damages that may be sought in a wrongful death claim include both economic and non-economic losses such as medical expenses related to the injury or illness leading to death, funeral expenses, loss of income due to the death, loss of companionship, and emotional distress caused by the sudden death. As mentioned previously, if there is no surviving spouse then these damages may be sought by any children of the deceased person.
For a wrongful death claim to be successful in Phoenix Arizona all claimants must prove negligence on behalf of another party that led to the death of their loved one. If successful, the court may award damages to compensate for the losses incurred by each of the listed parties.
It is important to note that in Arizona claims must filed within two years of the date of death as this is when most wrongful death claims expire. Therefore, it is advisable to speak with a qualified attorney as soon as possible if considering filing a claim.
What Are Survival Actions?
In Phoenix Arizona, survival actions refer to civil proceedings in which the victim of a wrong can sue for damages. This legal concept is built on the idea that people should be able to seek justice when they are wronged and seeks to make sure all victims have access to compensation.
There are four main elements of a survival action. The first element is that the cause of action must have existed before the death or injury of the plaintiff. Secondly, the cause of action must survive after the death or injury occurs and should not terminate with it.
The third element states that any recovery obtained through the survival action will pass directly to those surviving heirs who were harmed, such as immediate family members. Finally, these actions are separate from wrongful death actions and damages are sought for the benefit of the deceased.
Survival actions can apply to a variety of situations ranging from medical negligence, car accidents, wrongful imprisonment, and more. In such cases, these actions seek to provide compensation to the heirs of the victim who experienced a significant financial loss due to the death or injury.
It is important to note that while emotional suffering cannot be recovered in survival action suits, other types of damages may be available including pain and suffering as well as exemplary damages in cases involving gross negligence or intentional wrongdoing.
Overall, survival actions allow victims and their families to receive appropriate compensation for injuries caused by another’s negligence or wrongful behavior. It is vital for those impacted by such acts to understand their rights and how to pursue survival action when necessary.
This can help ensure that victims and their heirs have the financial support they need to cope with the loss of a loved one or recover from a traumatic event. Ultimately, survival actions provide an avenue for justice as well as closure in such cases.
What Are My Settlement Options?
Victims of wrongful death cases in Phoenix can seek a settlement through a variety of options. One option is to pursue a civil lawsuit against the at-fault party. The purpose of the lawsuit would be to recover damages for the deceased’s pain and suffering, loss of companionship, lost wages, medical bills, funeral expenses, and other related costs.
A successful lawsuit can result in a monetary award from either an insurance company or the at-fault party. In some cases, victims may choose to pursue punitive damages as well.
Another option is to work with experienced wrongful death attorneys who specialize in such cases and are skilled in negotiating settlements on behalf of their clients. Such attorneys will typically investigate the circumstances surrounding the accident, build a case based on the evidence and then negotiate a settlement with the at-fault party.
Victims may also find that negotiating with the insurance company is an effective way to settle their claims. An experienced wrongful death attorney can help the victim navigate this process, ensure they are treated fairly by the insurance company, and work to get them the best possible outcome from their settlement process.
Finally, victims of wrongful death cases in Phoenix have the option of filing a wrongful death lawsuit in court. This requires working with knowledgeable attorneys who understand Arizona laws and regulations as it relates to wrongful death cases. By taking legal action, survivors can seek financial compensation for losses due to pain and suffering, loss of companionship or support, medical bills, funeral expenses, and other related costs.
Victims of wrongful death cases in Phoenix have a variety of options available to them for seeking justice and compensation. Each option has its benefits and drawbacks, so victims need to discuss all possible options with experienced attorneys before deciding which route is best suited to them. With the right legal guidance and support, victims can ensure they receive the best outcome from their wrongful death settlement.
What Is The Statute Of Limitations For Wrongful Death Cases?
In Phoenix, the statute of limitations for wrongful death cases is two years from the date of death. This means that a lawsuit must be filed within this timeframe, or it will be dismissed by the court. The limitation period may be extended in special circumstances, such as if a minor was involved or if fraud is suspected.
In addition, independent causes of action for different damages may have time limits that are not subject to the same 2-year limit. For example, if an estate brings a claim for medical costs incurred before death and a separate claim for pain and suffering sustained before passing away, they may each have their timespan limits.
It is important to note that Arizona state law also requires surviving family members to provide written notice of their intent to bring suit within 180 days of death. If this is not done, the family may be prevented from recovering damages even if they file their case within the two-year window.
Given the complexity and strictness of Arizona's statute of limitations for wrongful death cases, survivors should seek legal assistance as soon as possible to ensure they will have sufficient time to pursue justice on behalf of their loved ones. It can be a difficult process, but with the right help, those affected by wrongful death can obtain closure and seek compensation for losses incurred due to such tragic events.
If a wrongful death has occurred in the Phoenix area, contact an experienced attorney as soon as possible to discuss your rights and explore all available options. Doing so will give you the best chance of obtaining justice for your loved one within the statute of limitations.