Phoenix Wrongful Death Attorneys
When You Lose a Loved One Because of Another’s Negligence
Losing a loved one is devastating. A tragedy of this magnitude can generate unbearable grief for the surviving family members. The victim’s death might be even more tragic when it could have been prevented. Our lawyers are all too familiar with these heartbreaking losses.
As a person who lost a loved one in this way, you might feel that your grief is immeasurable. To add to this devastation, additional financial damages could impact your life. As difficult as this might be, it is important to understand that you have legal rights and options. Contacting a lawyer may be a good place to start.
Kamper & Estrada, PLLC offers compassionate advocacy for families who have lost a loved one as a result of another’s negligence. When you choose our lawyers to represent your family, please know that we:
- Have extensive experience in wrongful death claims.
- Will be mindful of your emotions and do our best to make the legal process as easy as possible.
- Understand state and federal laws that could apply in your case.
- Are not afraid to fight against companies if they are at fault for your family member’s death.
- Will go to trial if the at-fault party does not agree to offer a fair settlement.
- Will seek maximum compensation.
What is Considered a Wrongful Death in Arizona?
Under Arizona law, a wrongful death is one caused by “a wrongful act, neglect or default.” This could include negligent actions, but it could also be criminal and/or intentional acts of harm. It’s not always obvious what situations serve as grounds for wrongful death actions. For example, you could be concerned that your loved one received inadequate medical care and died as a result of medical malpractice. However, you might not know for sure until you speak with a lawyer about investigating the cause of your loved one’s death. Please know that it is important to connect with the experienced team at Kamper & Estrada, PLLC, even if you’re not sure whether your loved one’s death was “wrongful.” Our team can help you uncover the truth and advise you of your legal options based on our findings.
Common Causes of Wrongful Deaths
When a person dies and negligence was involved, the most common scenarios are:
- Car accident
- Bicycle accident
- Defective product
- Medical malpractice
- School bus accident
- Daycare accident
- Dog bite
Our lawyers have negotiated significant settlements on behalf of families who lost a loved one in a preventable accident. However, no amount of money can bring your family member back. The amount of compensation awarded will typically be relevant to the circumstances and the losses incurred by the family.
Compensation for Wrongful Death Lawsuits
A wrongful death lawyer might seek recovery of the following damages:
- Medical bills
- Funeral and burial costs
- Emotional distress
- Mental anguish
- Value of a service the victim might have provided into the future
- Physical pain
Who Can File a Wrongful Death Claim?
Each state has its own rules about who can file a wrongful death claim and under what circumstances. Additionally, if the victim died because of intentional violence, a prosecutor may file criminal charges against the responsible party. If you’re unsure about who can file in your circumstances, contact us.
What Arizona Law Says About Wrongful Death
If a person were to be injured, but not killed, by the negligent or wrongful actions of another person or corporation, the victim could work with a lawyer to pursue a personal injury claim against the at-fault party. It can sometimes be helpful to think of wrongful death claims as personal injury litigation by proxy.
In other words, actions that would be grounds for a personal injury claim if the victim had lived become grounds for a wrongful death claim when the victim dies as a result of the harm they have suffered, due to the at-fault party’s choices. Because the victim cannot bring litigation themselves, family members or representatives of the estate pursue litigation instead.
Criminal Acts Can be Grounds for a Civil Wrongful Death Action
Drunk driving is a good example of a negligent act that is also criminal. While drunk drivers rarely set out to hurt anyone, they drive drunk knowing that it is criminal and that there is a high probability of causing injury or death to others. If a drunk driver kills someone in a fatal accident, they can (and should) face criminal consequences. The victim’s loved ones can also pursue civil remedies through a wrongful death lawsuit. This is often necessary because a criminal conviction will do very little (if anything) to financially compensate the family members of deceased victims.
Intentional acts of homicide are also grounds for wrongful death claims, and success in a civil trial is not dependent upon success in a criminal trial. In the early 1990s, former NFL star O.J. Simpson was acquitted by a criminal jury of killing his former wife and another man. However, when the victims’ families sued him for wrongful death, they won their case.
When there is overlap between criminal and civil litigation, it’s good to remember that these two types of court require different standards of proof. Criminal cases require guilt “beyond a reasonable doubt,” which is a very high standard to meet. By contrast, civil suits require proof after a “preponderance of the evidence,” which is a lesser standard.
Retain the Right Lawyer
There are a number of law firms, but when it comes to choosing a lawyer to handle a wrongful death case, experience, knowledge, and determination are key to success. If you are ready to speak with a supportive lawyer who understands the delicacy of these cases, call Kamper & Estrada, PLLC.
Our lawyers have worked with many families who have lost a loved one because of the negligence or recklessness of another person. The lawyers from Kamper & Estrada, PLLC are nationally recognized for providing all of our clients with the highest level of integrity and skill. If you are looking for a wrongful death lawyer in Phoenix, we are available to meet with you and discuss the details of your case.
During Difficult Times, Hiring a Compassionate Lawyer is Important
If you’ve lost a loved one due to the negligent or wrongful acts of another person, the grief and anger you are feeling should never be underestimated. And while the lawyer you hire to represent you should be level-headed and logical, it is important to strike a balance between these qualities and compassion.
Our firm knows this can be done effectively because it’s how we operate. Our team cares about each client and what they’ve lost, and it makes us fight even harder to help you recover the compensation you need and deserve. In order to put your mind at ease during this difficult time, we also strive to handle the vast majority of the administrative details and paperwork, leaving you free to focus on healing and taking care of your family.
What Services Can a Wrongful Death Lawyer Provide?
The loss of a loved one is always a sad time in a family’s life, but when the death was caused by the negligence of someone else, the loss can be devastating. The victim’s family may be able to file a wrongful death claim against the responsible party. The claim may be brought forward by dependents or beneficiaries of the victim, or by a representative of the victim’s estate.
Although your lawyer understands that no amount of financial compensation can ever make up for the death of a loved one, Arizona tort law allows survivors to file wrongful death claims to help with the often-overwhelming financial expenses left.
Depending on the circumstances of the accident, there may be high medical expenses that were incurred in trying to save the life of the victim. There may also be funeral and burial expenses that the victim’s family was not prepared for.
In addition to those expenses, plaintiffs in wrongful death lawsuits may also be compensated for the loss of income and benefits the victim provided. These benefits may include things such as health insurance or retirement funds, but they may also include the things a person did to take care of their family. For example, if the victim was a stay-at-home parent with young children, part of the damages awarded could cover the future childcare costs.
In addition to the financial expenses that may be awarded in a wrongful death claim, there are also non-economic damages that plaintiffs may receive. These damages can include compensation for the emotional loss the victim’s death has caused the family, such as loss of companionship that a spouse suffers or loss of parental guidance that young children suffer.
If you have lost a family member due to the negligent actions of another party, consider speaking with a lawyer. The legal team at Kamper & Estrada, PLLC understands that this is an overwhelming and difficult time for you and your family. We do our utmost to ensure that our clients receive the justice they deserve for the loss of their loved ones. As a family-oriented law firm, we understand that the loss of a family member can be catastrophic, and we want to help.