The loss of a loved one leaves a void that nothing can fill. When that loss happens because of another's negligence, you need answers and a clear path toward justice. If you're searching for a Glendale wrongful death lawyer, you have already taken a courageous first step.
Arizona law allows surviving family members to hold the responsible parties accountable and secure their family's future. For a free case evaluation to discuss your rights, call Law Bear at (309) 365-6510.
Losing a family member is a devastating experience, and the search for a legal representative adds another layer of stress during an already difficult time. Let Law Bear connect you with a qualified Glendale wrongful death lawyer to pursue the maximum compensation available for your loss.
What Constitutes Wrongful Death in Glendale?
A wrongful death occurs when a person dies as a direct result of the wrongful act or negligence of another person or entity. The act does not have to be intentional. Many wrongful death cases arise from incidents of carelessness or recklessness.
These cases are civil actions, separate from any criminal charges that the state may file. The purpose of a wrongful death lawsuit is to provide financial relief to the surviving family members for the losses they have suffered.
The success of a claim hinges on showing that the defendant's actions, or lack of action, directly led to the fatal outcome.
Negligence-Based Incidents
Most wrongful death claims are based on negligence. This means the at-fault party failed to use reasonable care, resulting in a fatal accident. These incidents can happen anywhere, from busy roadways like Grand Avenue to shopping areas like the Arrowhead Towne Center.
Common examples include fatal car accidents on Loop 101 caused by distracted or impaired drivers, medical malpractice, or a dangerous condition on a construction site that led to a fatal fall. In each of these examples, a responsible party had a duty of care and failed to uphold it.
Intentional Acts
While less common, intentional acts that result in death also form the basis for a wrongful death lawsuit. These actions go beyond carelessness and involve a deliberate act to cause harm.
A claim can proceed even if the person responsible is also facing criminal prosecution for homicide or manslaughter. The standard of proof in a civil case is lower than in a criminal case.
A family may succeed in their civil lawsuit even if the criminal case results in an acquittal. The goal of the civil claim isn't to imprison the defendant, but to secure financial compensation for the immense losses the family has endured.
Who Has the Right to File a Wrongful Death Claim in Arizona?
Arizona law specifies certain eligible people who may file a wrongful death claim. The state grants this right to a select group of people who were closest to the deceased person: a surviving spouse, children, or a parent.
If none of these family members survive, the decedent's legal representative may file the claim on behalf of the estate. A Glendale wrongful death lawyer can help families determine their eligibility under state statutes.
Types of Compensation Available to Glendale Families
A wrongful death claim allows families to seek compensation for a wide range of losses. These damages are categorized into two main types: economic and non-economic.
Economic damages compensate the family for direct financial losses. Your Glendale wrongful death lawyer works to document and quantify both types of losses to present a complete picture of the family's hardship.
Common examples include:
- Lost Support: This includes the total financial income the deceased would have earned and contributed to the family throughout their lifetime.
- Medical Expenses: You may recover the costs of any medical care the deceased received for their final injury before their death.
- Funeral and Burial Costs: You may recover all reasonable expenses associated with the funeral and burial services.
- Loss of Benefits: This includes the value of lost retirement benefits or pensions that the deceased would have accrued.
Families also suffer immense personal losses, which are recognized by the law. Non-economic damages address the intangible, personal losses that are often the most profound.
Common examples include:
- Loss of Companionship: This damage compensates for the loss of the deceased's love, affection, comfort, and society.
- Loss of Consortium: A surviving spouse may file for the loss of companionship and intimacy they shared with their partner.
- Loss of Guidance: This accounts for the loss of the guidance and training the deceased would have provided to their children.
The Statute of Limitations for Wrongful Death Claims
In Arizona, families generally have two years from the date of the person's death to file a wrongful death lawsuit. This time limit is known as the statute of limitations. Failure to file a claim within this window typically results in the permanent loss of the right to seek compensation.
This deadline makes prompt action very important. Gathering evidence, identifying the responsible parties, and building a strong case takes time. Contacting a Glendale wrongful death attorney soon after the death of your loved one provides the best opportunity to meet all necessary deadlines.
There are limited exceptions that can affect this deadline. Claims against government entities in Arizona have much shorter time limits. You must file a formal notice of claim with the government body within 180 days of the incident.
Distinguishing a Wrongful Death Claim From a Survival Action
While they sound similar, a wrongful death claim and a survival action are two distinct legal actions. A wrongful death lawsuit compensates the surviving family members for the losses they personally suffered because of their loved one's death. It focuses on the family's future without the deceased.
A survival action, in contrast, is filed on behalf of the deceased person's estate. It seeks to recover damages that the decedent themselves would have been able to claim had they survived the injury.
These two actions are often filed together to address the full scope of harm caused by the defendant's actions.
Here is what a survival action may recover for the estate:
- Pre-Death Medical Bills: The costs for medical treatment related to the final injury are claimable by the estate.
- Lost Wages: The estate may recover any income the deceased lost between the time of their injury and their eventual death.
- Punitive Damages: In cases involving malice or egregious conduct, the estate may seek punitive damages to punish the defendant.
How a Glendale Wrongful Death Lawyer Establishes Liability
To succeed in a wrongful death case, your legal team must establish liability by proving four key elements. These elements form the foundation of any negligence-based claim. Proving each one requires detailed investigation and compelling evidence.
Your legal team will gather specific evidence to build your case, which may include:
- Official Reports: This includes police accident reports, investigative findings from government agencies, or medical examiner reports that document the circumstances of the death.
- Medical Documentation: The deceased's medical records are reviewed to establish the extent of the injuries and the cause of death.
- Eyewitness Testimony: Statements from people who witnessed the incident can provide powerful accounts of what happened.
- Expert Analysis: Professionals like accident reconstructionists or medical experts are often retained to provide opinions that support the claim.
1. Duty of Care
First, your attorney establishes that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act with reasonable caution. For example, every driver on the road has a duty to operate their vehicle safely and avoid harming others.
A business owner has to keep their property in a reasonably safe condition for customers.
2. Breach of Duty
Second, your Glendale wrongful death attorney shows that the defendant breached this duty. A breach occurs when the defendant fails to meet the standard of reasonable care.
For instance, a driver who speeds through an intersection or a property manager at an apartment complex near Thunderbird Conservation Park who ignores a broken handrail has breached their duty.
3. Causation
Third, your legal team proves causation, demonstrating that the defendant's breach of duty directly caused your loved one's death. This connection is the linchpin of the case. It requires clear evidence that links the defendant's actions to the fatal outcome.
4. Damages
Finally, your team documents the damages your family has suffered as a result of the death. These are the economic and non-economic losses discussed earlier. Proving these damages is necessary for securing the financial support your family needs to move forward.
FAQ for Glendale Wrongful Death Lawyer
How Long Does a Wrongful Death Lawsuit Take To Resolve?
The timeline for a wrongful death lawsuit varies greatly depending on the complexity of the case. Some cases may settle in a matter of months, while others that involve disputes over liability or go to trial may take several years to resolve.
What Is the Difference Between a Wrongful Death and Medical Malpractice Claim?
A wrongful death claim is a broad legal action that can arise from various incidents, including car accidents, dangerous properties, or defective products.
Medical malpractice is a specific type of negligence that occurs when a healthcare provider's action or inaction falls below the accepted standard of care and injures a patient.
If that medical negligence results in a fatal outcome, it forms the basis of a wrongful death claim filed by the surviving family members.
How Can a Glendale Wrongful Death Lawyer Help My Family?
A Glendale wrongful death attorney provides guidance and advocacy for your family. They handle all aspects of the legal claim, including investigating the incident, gathering evidence, negotiating with insurance companies, and, if necessary, litigating the case in court.
Their role is to build the strongest possible case to secure full compensation for your family.
What if My Loved One Was Partially at Fault for the Accident?
Arizona follows a pure comparative fault rule, which means your family may still recover damages even if your loved one was partially responsible for the incident that led to their death.
The court assigns a percentage of fault to each party, and your family's compensation award gets reduced by your loved one's percentage of fault.
Do All Wrongful Death Cases Go to Court?
Most wrongful death cases don't go to trial. The majority resolve through negotiations and settlement agreements with the at-fault party's insurance company. If an insurer refuses to offer a just settlement, your Glendale wrongful death lawyer can take your fight before a judge.
Chart Your Course to Justice
When you lose someone you love, the world feels uncertain and adrift. Let a strong legal advocate become your anchor in this storm. They'll chart a course toward accountability and provide the stability your family needs to find a sense of security again.
Your fight for justice is a fight for your family's future. The right legal partner makes all the difference. Get a free case evaluation today from Law Bear to connect with a qualified attorney in your area. Contact us at (309) 365-6510 to find your path forward. The Bear's Got Your Back.