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Wrongful Death Attorney in Scottsdale & Phoenix, AZ

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If you have suffered through the sudden loss of a loved one in an accident that you believe was caused by another party’s negligence or wrongdoing, you need to contact a wrongful death attorney. The legal team at Moshier Law can help accident victims pursue the compensation they deserve. Contact our team for a free consultation regarding your recent accident/injury. We can answer your questions while guiding you through each step of the legal process. At Moshier Law, we are dedicated to recognizing our client’s goals.


What Is Wrongful Death?

In the state of Arizona, wrongful death is defined as a death caused by a “wrongful act, neglect, or default.” Essentially, a wrongful death claim is a type of personal injury claim brought on by the surviving family members on behalf of a deceased loved one. Of course, wrongful death benefits will never make up for the loss of a loved one, but they will help offset any financial obligations that are left to the remaining family members. Whether it is intentional or not, any negligent action that results in death may be subject to a wrongful death claim. Wrongful death is caused by the negligence or intentional act of another party, which may have been the result in any of the following.

  • A Pedestrian Accident
  • Car/Vehicle Accident
  • Work-Related Accidents
  • Criminal Acts
  • Dangerous Or Hazardous Products

Accepted Personal Injury Claims

A personal injury accident can significantly impact you or your loved one’s life. Serious personal injuries, chronic pain, emotional distress, expensive medical bills, and lost wages are all some of the damages an accident can result in. The legal team at Moshier Law can help accident victims put their valuable lives back together. Contact our team for a free consultation regarding your recent accident/injury. We can answer your questions while guiding you through each step of the legal process. At Moshier Law, we are dedicated to recognizing our client’s goals.

Who Can File A Wrongful Death Claim In Arizona?

It is important to note that a lawyer should act on behalf of the survivors, also referred to as beneficiaries. This is done to ensure the case is both uncomplicated and efficient, especially if there are multiple family members involved in the claim. When determining who can recover compensation in a wrongful death claim, courts will typically follow the line of succession. This, however, can become quite complicated if several family members try to file a claim demanding a certain portion of the compensation. Working with an experienced attorney is the best way to ensure a smooth process for you and your family members. The following family members of the deceased party may file a wrongful death claim in the state of Arizona:

  • Surviving Spouse
  • Parent Or Legal Guardian
  • Surviving Children
  • Personal Representative Of The Family Members
  • Personal Representative Of The Deceased Party’s Estate

What Can Be Recovered In A Wrongful Death Claim?

Through legal action, families can gain both closure and a sense of justice to go along with financial compensation for past, current, and future expenses. A wrongful death settlement can include damages for several different costs the family has incurred due to an untimely death. Each wrongful death case is unique. A jury will be tasked with determining the amount of damages that may be awarded based on the victim’s demise, income, expected future earnings, and non-economic losses suffered by all survivors. In Arizona, a wrongful death settlement can include damages for the following.

  • Past Medical Expenses
  • Funeral/Burial Costs
  • Pain And Suffering
  • Punitive Damages Designed To Punish The At-Fault Party
  • Loss Of Income And Services If Victim Had Lived
  • Loss Of Consortium, Including Love, Care, And Companionship

What Rights Do Family Members Have When A Loved One Dies Wrongfully?

Immediate family members do have the right to claim wrongful death damages against an individual who is believed to have caused their loved one’s untimely death. In Arizona, for example, immediate family members are considered a parent, child, or spouse. If the victim did not have a child, spouse, or surviving parents, the estate can a file a claim with proceeds combined with the victim’s assets.

How To File A Wrongful Death Claim In Arizona

Wrongful death claims do have a deadline in Arizona. Survivors must file a wrongful death claim within two years of the death to be eligible for compensation. Failure to act within the statute of limitations can result in losing the right to file a claim. The statute of limitations is typically strict, but there are a few unique circumstances in which an individual may be able to file a claim after the deadline has expired. If you are still within the statute of limitations and also fit the criteria listed above regarding who can file a claim, then you may start the process of filing a claim. The first step is having your case reviewed by an attorney. A legal team can then assess the validity of the claim, choose to take you on as a client, then launch an in-depth investigation into the wrongful death claim.

This process consists of collecting all evidence of negligence, reviewing liability policies, and determining how much compensation is appropriate to collect from the at-fault party. Negligence and liability in a wrongful death claim are very similar to personal injury cases. If another party owed your loved one a duty of care while living, and through negligence, broke that duty, you have a right to file a claim on your loved one’s behalf. This means the same pieces of evidence that apply in a personal injury claim can be used in a wrongful death claim. Once the evidence is gathered, our legal team will contact the at-fault party to inform them of our intentions to file a claim for damages. This leads directly into settlement discussions. If the party does not wish to settle or the offer is not enough, we can move into a lawsuit.

Wrongful Death Consultations in Phoenix & Scottsdale

Contact Us Here, Or Give Us A Call Today At 602-345-0455 For A Free Consultation!

Moshier Law should be your first choice for when you need the best personal injury attorney in Scottsdale and Phoenix, Arizona. An experienced personal injury attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible.