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Fatal Car Accident Lawyers in Phoenix, Arizona (AZ)

Have you lost your loved one in a tragic, fatal traffic accident?

At Torgenson Law, our compassionate attorneys work hard to help our clients obtain legal justice on behalf of their loved one who tragically lost their life in an accident caused by the negligent actions of an individual or corporation. Whether the cause was a car accident, medical issue, or any other accident we are prepared to represent your case. As experienced wrongful death lawyers in Arizona, we understand the difficulties and emotional distress endured by our clients during this heartbreaking time. Our clients are good people who have suffered greatly and want justice for their lost loved one.  

The decision to file a wrongful death action on behalf of a family member is not a decision that our clients take lightly.  Their case is not a case that our firm takes lightly. Our attorneys fight for your loved one’s legal justice. We work hard to bring those to justice who are responsible for their untimely passing.  Our clients feel an overwhelming sense of empowerment after filing a wrongful death lawsuit because they are holding those responsible for their reckless actions. Many clients have also told us that they feel they are doing the right thing because their suit may prevent those responsible for the loss of their loved one from harming someone else. 

If you lost a member of your family in any type of accident caused by a negligent, at-fault driver, contact Torgenson Law at (602) 726-0747 to discuss your case.

What is a Wrongful Death Lawsuit?

According to A.R.S. Section 12-611, a wrongful death lawsuit is a civil suit brought by a family member who lost a loved one due to another’s negligence, misconduct or wrongful act.  The negligent or wrongful act leads to an accident and the accident resulted in the death of a family member. The wrongful death case is brought before the court on behalf of a deceased person to recover damages from those responsible for their untimely death.  In Arizona, certain immediate family members, as outlined in A.R.S. § 12-612, may file a separate wrongful death lawsuit seeking damages such as loss of consortium, loss of companionship, and a host of other financial damages. 

Who is Allowed to File a Wrongful Death Lawsuit in the State of Arizona?

Under A.R.S. § 12-612, a wrongful death action cannot be brought by anyone.  A wrongful death action may only be brought by and for the benefit of:

  • The decedent’s parent(s).
  • The decedent’s spouse.
  • The decedent’s child or children.
  • The decedent’s legal guardian.
  • The decedent’s personal representative who is acting on behalf of the decedent’s estate, spouse, children, or parent(s).
  • The decedent’s personal representative if the decedent has no surviving member as listed above. 

If you have any questions about filing a wrongful death lawsuit on behalf of your family member, simply contact Torgenson Law at (602) 726-0747 to discuss your case.

Arizona Statute of Limitations for Wrongful Death Cases 

The State of Arizona has set a deadline in which a qualified family member may bring a wrongful death action.  This time limit is known as the “statutes of limitations.” According to A.R.S. § 12-542, a wrongful death lawsuit must be filed within two years of the date in which the death occurred.

Elements of an Arizona Wrongful Death Lawsuit

To prove your case and win a wrongful death case in the state of Arizona, our attorneys would need to prove the following elements in court:

  • Negligence: Our attorneys must successfully demonstrate and prove that the death of your loved one was caused by the wrongful and negligent actions of the at-fault party.
  • Breach of Duty: Our attorneys would have to prove that the defendant owed a duty of care to your loved one. For example, the defendant was required to obey the speed limit if the defendant’s speeding was a contributing factor in the fatal accident.
  • Causation: Our attorneys would have to prove that the defendant’s negligence is what caused the accident resulting in your loved one’s tragic death.
  • Damages: Lastly, our attorneys would have to prove that the death of your loved one resulted in monetary losses (damages).  For example, damages could be funeral expenses, hospital bills, pain and suffering, and others.

If you have any questions about filing a wrongful death action, simply contact Torgenson Law at (602) 726-0747 for your free case review.

What Monetary Damages May be Recovered in an Arizona Wrongful Death Lawsuit?

A.R.S Section 12-613 provides jury instructions detailing the specific damages that may be awarded to a plaintiff in a wrongful death action.  In some cases, a jury may be permitted to award the plaintiff punitive damages.  Punitive damages are designed to economically punish the defendant for the death another and to deter the defendant from similar acts in the future. Oftentimes, punitive damages are awarded when the defendant’s actions are considered especially egregious.

Damages that may be awarded to family members:

  • Funeral & burial costs.
  • Loss of financial support.
  • Inheritance losses.
  • Property loss.

Damages that may be awarded to your loved one:

  • Pain and suffering endured until his or her death.
  • Emotional distress or trauma.
  • Property loss.

If you have any questions about what types of damages you may be able to recover in a wrongful death lawsuit, simply contact Torgenson Law at (602) 726-0747 for your free case review.

Who Receives the Monetary Damages After Winning an Arizona Wrongful Death Lawsuit?

Arizona civil code A.R.S Section 12-612(C) details how the monetary damages will be divided amongst the decedent’s surviving family members.  If the decedent’s estate receives the monetary damages, the monetary recovery stemming from the wrongful death lawsuit will be distributed in accordance with Arizona’s intestacy statutes or the decedent’s will.

Contact Our Phoenix Accidental Death Attorneys for Your Free Case Review

If your loved one has been tragically killed in any type of accident in Arizona, a wrongful death lawsuit could be filed to recover monetary damages.  Our experienced wrongful death attorneys are here in your time of need to help you hold the at-fault party accountable for their negligent actions. To ensure that your best interests are well-represented, please call (602) 726-0747 today to receive your free accidental death case review from Torgenson Law.