Arizona Car Accident Wrongful Death Process

Losing a family member in a car accident is a devastating event. If the death is caused by the willful or reckless behavior of another party, surviving family members can hire a Phoenix car accident attorney to file a wrongful death lawsuit to secure compensation for their losses so they can move on with their lives. 

The process for a wrongful death claim can be complicated, and having an attorney by your side through the investigation, building a solid case, and settlement negotiations or trial can make all the difference.

Steps for Filing a Wrongful Death Claim in Arizona

Contact Gage Mathers as soon as possible after a fatal car accident. Our attorneys have a deep understanding of fault in wrongful death car accidents and can give you an honest opinion about your legal options after evaluating your case.

If you decide to file a wrongful death lawsuit, your attorney will:

• Investigate and collect evidence to support your claims, including police reports, witness statements, medical records, accident reconstruction, etc.
• Hire forensic experts to reinforce your position
• File a complaint in court explaining the facts of the accident, the legal basis for the claim, and the amount of damages being sought
• Request information from other parties and take depositions
• Help establish the percentage fault each party has for the car accident to calculate the amount of compensation that will be paid to the surviving family members
• Negotiate with insurance companies and other parties at fault to settle the case out of court
• Represent surviving family members at trial, if settlement discussions fail

A wrongful death claim may seek compensation for medical expenses, funeral and burial expenses, loss of income and companionship, pain and suffering, etc. There is no cap on the amount surviving family members can receive in a wrongful death case in Arizona.

Importance of Comparative Negligence

Wrongful death payments in Arizona follow the principles of comparative negligence, whereby each party involved in an accident is assigned a percentage of fault for the accident. The amount of compensation the family of the deceased receives is reduced by the percentage of fault the deceased bears for the accident.

An attorney will ensure that the deceased is not unfairly penalized with a high percentage of fault by presenting supporting evidence and arguing for fair compensation.

Who Can File a Wrongful Death Claim?

According to Arizona law, if the deceased could have made a personal injury claim if they had survived the car accident, immediate family members or their estate can pursue a case for wrongful death action.

It’s not uncommon for families to ask if siblings can sue for wrongful death in Arizona, but the state has strict limitations on who can file a lawsuit. In addition, Arizona prioritizes those who can pursue a wrongful death claim as:

1. Surviving spouse, but not unmarried partners
2. Surviving biological or adopted children
3. Surviving parents or legal guardians
4. The representative of the deceased’s estate

These restrictions ensure that the family members most financially and emotionally affected by the death receive the most compensation.

Gage Mathers Is on Your Side

Phoenix has one of the highest rates of car accident fatalities and pedestrian deaths in the United States. With these types of statistics, it’s essential to have an experienced personal injury attorney from Gage Mathers represent surviving family members in a wrongful death lawsuit.

Gage Mathers Law Group has the experience and expertise to navigate the complexities of a wrongful death claim. We will advocate for the rights of the surviving family members and a meaningful settlement!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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