Arizona Wrongful Death Lawyer

If you have lost a loved one due to someone else’s negligence, you need solid legal assistance to help you file a wrongful death claim for damages. While money cannot bring back a loved one, it can help you and your family face the future from a more solid financial state. 

The Arizona wrongful death lawyers from Ciccarelli Law Offices can handle the legal aspects of a wrongful death claim while you focus on healing and moving forward.  We know the burdens of grief, and we work compassionately and quickly to help you through this painful process. Let us take the legal weight off your shoulders during this time. 

Why Choose the Arizona Wrongful Death Lawyers from Ciccarelli Law Offices?

Those who have lost a loved one due to someone else’s negligence may feel overwhelmed. Perhaps your loved one was your family’s primary breadwinner, and now you are wondering how you will pay your basic living expenses. Maybe you have children, and you are unsure how you will support them now that your loved one is gone. 

The lawyers at Ciccarelli Law Offices understand what you are going through. We can file a wrongful death claim on your behalf, dealing with all the necessary paperwork and negotiations. You do not have to pay any money upfront, and we will discuss the compensation you are entitled to receive during your comprehensive initial consultation. 

Of course, suing someone is not what you want to be doing right now. However, you must consider your future and how you will provide for your family. We understand that you have many choices when choosing an Arizona wrongful death attorney. We believe that once you have spoken to one of our highly experienced attorneys and we have answered your questions, you will see we are the best choice. Our firm has hundreds of five-star reviews from satisfied clients. Our founder, attorney Lee Ciccarelli, has been recognized as: 

• Super Lawyer 
• Top 100 Trial Lawyer by the National Trial Lawyers Association
• TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys 
• Having the highest rating (10.0) by AVVO 
• One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates. 

At Ciccarelli Law Offices, we will make sure you have the time you need to grieve over the loss of your loved one while we handle all the details of your wrongful death claim.  

Arizona Wrongful Death Overview

In 2020, 42,060 people died in automobile accidents across the United States and 970 automobile accident fatalities in Arizona. According to CNBC, at least 250,000 people in the United States die each year due to medical mistakes, making it the third leading cause of death following heart disease and cancer. 

Wrongful deaths are essentially a personal injury claim that changes to a wrongful death claim when the victim dies due to their injuries. When someone dies due to the negligence of another person or entity, that person’s survivors may be able to bring a wrongful death claim. 

A wrongful death claim involves any type of fatal accident that was another person’s fault. A person, a company, or a government agency can also bear liability for failing to act as another reasonable person would have acted or for intentionally causing death.  

Examples of wrongful death include:

• Dangerous products, prescription drugs, or medical devices 
• Medical malpractice
• Auto accidents (including truck, pedestrian, motorcycle, and bicycle accidents)
• Work-related accidents
• Premises liability 

Who Can File a Wrongful Death Claim in Arizona?

Generally speaking, if a person would have been able to file a personal injury claim, then a wrongful death claim can be filed on their behalf. The wrongful death laws in Arizona limit who is allowed to file a wrongful death claim to the following:

• The decedent’s surviving spouse
• The decedent’s surviving children
• A surviving parent or guardian of the decedent
• The personal representative of the decedent’s estate
• The personal representative of the decedent’s spouse, child, parent, or guardian

The state of Arizona allows the parents or guardians of a deceased child to file a wrongful death claim on their behalf. 

What Compensation is Available Following an Arizona Wrongful Death?

Damages in a wrongful death claim fall into two categories. The first category represents the losses to the estate of the decedent and, as such, may be paid to the estate. These damages include:

• Any medical expenses related to the final medical treatments for the decedent following the accident
• Burial and funeral expenses
• Lost wages and benefits that would have been earned by the decedent if he or she had not been killed
• Replacement or repair of any property damage from the accident (i.e., damages to a vehicle from an auto accident)
• Pain and suffering endured by the decedent before his or her death

The second category of damages includes losses that the decedent’s loved ones suffered due to the death. These damages may include:

• Loss of consortium or companionship
• Loss of care, comfort, and guidance
• Pain and suffering experienced by the decedent’s loved ones
• Lost value of household services performed by the deceased

What Are Some Examples of Wrongful Death Claims?

A death caused by negligence or carelessness can be even more difficult for loved ones than a death that does not include the factors. Car accidents are the most common cause of wrongful death claims. The vast majority of car accidents are the result of driver negligence. That negligence could be excessive speed, reckless driving, distracted driving, or driving while impaired or fatigued. 

An example of this would be a driver who is sending a text while driving down a busy city street who fails to see an elderly woman walking across the street, hitting and killing her. The driver was negligent, and that negligence caused the accident and the death; therefore the family can file a wrongful death claim against the driver. 

An example of medical malpractice would be if an individual went to his or her doctor and explained all their symptoms, but the doctor failed to make a diagnosis that another, similarly trained doctor would have made, and further ordered no tests that would have enabled him to make a valid diagnosis. If this failure to diagnose kept the patient from getting treatment and ultimately led to death, then the family of the patient could file a medical malpractice wrongful death claim against the doctor. 

Accidents at work, particularly among occupations with higher risk like construction jobs, have higher instances of death. If the employer placed the worker in an unsafe situation that caused the death, then the employer could be responsible for the death of the worker and the worker’s family could file a wrongful death claim against the employer.  

What Are the Most Common Causes of Wrongful Death?

Wrongful acts, like those involving violent crimes, as well as negligent acts like failing to follow standard safety regulations and procedures or otherwise acting in a reckless manner can be the cause of a wrongful death claim. The most common causes of wrongful death claims include:

• Motorcycle accidents
• Car and truck accidents
• Bicycle and pedestrian accidents
• Premises liability claims, including slip and fall accidents
• Product liability claims in which a defective or dangerous product resulted in death
• Medical malpractice mistakes or errors
• Job-related accidents and illnesses
• Boating or aviation accidents
• Medication errors and overdoses
• Accidental poisonings
• Dog attacks

What Are the Statutes of Limitations for Wrongful Death in Arizona?

The wrongful death statute of limitations (the amount of time you have in which to file a wrongful death claim following your accident) is two years in the state of Arizona. There are few situations in which the statutes can be extended, but it is wise to speak to a knowledgeable Arizona wrongful death attorney from Ciccarelli Law Offices to ensure you are within your window of time. 

Does It Cost Anything to Hire an Arizona Wrongful Death Attorney?

At a time when your finances may be shaky, it is good to know that hiring an Arizona wrongful death attorney will cost you nothing. When your wrongful death attorney negotiates a settlement on behalf of the estate of the decedent, then the attorney will receive an agreed-upon percentage of the settlement. Those who have an attorney negotiating on their behalf virtually always receive a higher settlement than those who attempt to negotiate a settlement on their own. Your wrongful death attorneys will know exactly what your claim is worth and has the skills and knowledge necessary to ensure a fair wrongful death settlement. 

How Long Do Wrongful Death Claims Take to Settle?

The amount of time it will take to settle your wrongful death claim will depend on the facts and circumstances surrounding the death of your loved one, and whether the liability is clear. Your claim could be settled in a few months, or, if the claim goes to trial, it could take one to two years for a jury verdict. Once your claim settles or is decided in court, it usually takes about six weeks to receive a check. The check may go to the estate of the decedent, in which case the proceeds will be distributed as per the decedent’s will or trust instructions or according to state statutes if there is no estate plan. 

Call Our Arizona Wrongful Death Lawyers Today

If you lost someone in an accident in Phoenix, Chandler, Tempe, or anywhere in the state of Arizona, your life will undoubtedly never be the same. You need a compassionate law firm on your side to guide you through these waters and protect your rights. That’s where we come in. 

At Ciccarelli Law Offices, our Arizona wrongful death attorneys have the experience and resources you need to help you move forward in life after the tragic loss of a loved one. We can go head-to-head against any insurance company, and we will fight aggressively for you. 

Let Attorneys Lee Ciccarelli and his team help you through this difficult time in your life. Call us today to begin fighting for justice.