Wrongful Death Attorneys in Phoenix, Arizona

Losing a loved one is one of the most traumatic experiences any family can endure. Sadly, according to CDC data, the number of unintentional deaths has topped 224,000 annually. These preventable deaths devastate families often leaving them unable to recover.  

At Faussette & Faussette PLLC, we believe in making our best effort to help families pick up the pieces following the tragic loss of a loved one. We proudly serve the Phoenix, Arizona, area with professional wrongful death and personal injury counsel as families look to get their lives back on track. We strive to deliver the best legal counsel throughout the greater Phoenix Area so victims and their families can get the fair compensation they deserve. 

Why File a Wrongful Death Claim? 

Many people question why it is important to file a wrongful death claim. After all, financial compensation will not bring a loved one back. However, filing a wrongful death lawsuit goes well beyond financial compensation. It is about holding the liable parties accountable for their actions. 

Please bear in mind there are many reasons why filing a wrongful death claim is worthwhile: 

• A wrongful death claim can help the family members recover the monetary damages they have suffered due to the death of their loved one. This compensation includes medical expenses, funeral costs, lost income, and loss of support and services. 

• Filing a wrongful death claim can hold the responsible party accountable for their actions or negligence that led to the victim’s death. It can provide a sense of closure and justice for the surviving family members. 

• By filing a wrongful death claim, you may be able to prevent similar incidents from happening in the future. The responsible party may be more cautious or implement better safety measures to prevent similar accidents. 

• Dealing with losing a loved one can be emotionally and mentally exhausting. Filing a wrongful death claim can provide peace of mind to the surviving family members by knowing they have taken action to hold the responsible party accountable. 

What Constitutes a Wrongful Death in Arizona?

In Arizona, a wrongful death occurs when a person dies due to another person or entity’s negligence, wrongful act, or default. Some common examples of situations that may give rise to a wrongful death claim in Arizona include the following: 

• Car accidents caused by a negligent driver; 

• Medical malpractice resulting in death; 

• Defective products causing fatal injuries; 

• Premises liability, such as slip and fall accidents resulting in death; 

• Workplace accidents caused by employer negligence; or, 

• Criminal acts such as murder, manslaughter, or assault resulting in death. 

Please note that Arizona’s statute of limitations on filing a wrongful death claim is two years from the death date. In other words, victims’ families have two years from the day they lost their loved one to file a wrongful death claim. After the two-year window, it can be extremely difficult to file a claim successfully. 

Who Can File a Wrongful Death Claim in Arizona?

In Arizona, the following parties may file a wrongful death claim: 

• Surviving spouse of the deceased person 

• Surviving child or children of the deceased person 

• Parent or parents of the deceased person (if there is no surviving spouse or child) 

• A personal representative of the deceased person’s estate (if there are no eligible surviving family members) 

It’s important to note that the right to file a wrongful death claim belongs to the eligible parties in equal shares under Arizona law. This rule means that if multiple eligible parties exist, they must work together to file the claim and reach a settlement or judgment. If there is a dispute between the eligible parties, the court may be required to intervene and determine the appropriate distribution of damages. 

What Needs to Be Proven to Constitute Wrongful Death?

To establish a wrongful death claim in Arizona, the victim’s family members must prove the following elements: 

• The liable party had a duty of care towards the deceased person. 

• The liable party breached that duty of care through their actions or inactions. 

• The breach of duty caused the death of the victim. 

• The surviving family members or beneficiaries have suffered damages due to the death. 

Please note that a wrongful death or personal injury attorney representing family members can file a claim on their behalf. Getting a legal representative is a good way to relieve the burden of navigating the legal landscape. 

Damages Available in a Wrongful Death Claim

In Arizona, damages available in a wrongful death claim may include both economic and non-economic damages. Economic damages refer to the financial losses incurred by the surviving family members as a result of the death. In contrast, non-economic damages refer to the emotional and psychological impact of the death on the surviving family members.  

Possible damages include: 

• Medical and funeral expenses 

• Lost income and benefits 

• Loss of household services 

• Pain and suffering 

• Loss of companionship and consortium