Arizona Wrongful Death Lawyer
No Cost No Obligation Legal Strategy Session.
Call or Text 602 547 2222
Wrongful Death Attorney Scottsdale Arizona
In Arizona, you legally can sue for damages following an avoidable accident (such as a car crash or a trip and fall) is widely understood and exercised. However, it is possible that they will not acknowledge a third party’s standing to bring a claim. In the event of an accident causing death in Arizona, surviving family members typically be eligible to file a wrongful death suit on behalf of the deceased. Through a wrongful death claim, your loved ones and the deceased’s estate may be entitled to compensation for their losses due to the negligent actions of another individual or manufacturer.
When a loved one is lost in an accident, the attorneys at Wade & Nysather Law Firm help their clients pursue legal remedies and monetary rewards via a wrongful death lawsuit. We have extensive expertise in assisting families to pursue insurance claims and court action for wrongful death. Talk to our top attorney about your situation right now. Contact us today to arrange your no-cost, no-obligation legal strategy session in Scottsdale, Arizona.
Wade & Nysather, Attorneys for Victims of Wrongful Death
We have offices in Chandler, Scottsdale, Glendale, Phoenix, and Mesa, AZ. In Maricopa County, Arizona, our wrongful death attorneys are prepared to take cases to trial if necessary.
- Our attorneys take a client-first approach to the law, spending time getting to know each individual before developing a case strategy.
- Insurance companies respect us because of our track record of accomplishment, which benefits our clients.
- Our legal team has dealt with instances involving a wide range of negligence injuries and wrongful death circumstances.
- No retainer is required to retain our team of wrongful death attorneys in Scottsdale, Arizona.
Why Choose Wade & Nysather Wrongful Death Law Firm In Arizona
Losing a loved one is always stressful, and the last thing you want to deal with is the legal aspect of their passing. It is important to think about contacting a wrongful death attorney if your loved one died due to the negligence or misconduct of another person or entity. They can help you navigate the complex process of bringing a claim, handling all the details like determining the defendant, proving fault, and gathering evidence. This will allow you to focus on more important things, like spending time with your family and planning your loved one’s funeral.
The Wade & Nysather wrongful death law firm will handle your case’s legal aspects, protect your rights, and fight for fair compensation. Insurance companies are notorious for trying to lowball claimants or deny valid claims. Still, with a skilled attorney on your side, you won’t have to worry about falling victim to their tactics. They will fight for your rights, negotiate a fair settlement, and go to court if necessary. If you’re considering bringing a wrongful death claim to Arizona, don’t hesitate to contact a qualified attorney. They can provide the guidance and support you need during this difficult time and protect your rights.
Proving A Wrongful Death Case in Arizona
When a loved one passes away due to the reckless or negligent behavior of another person, company, or government agency, the family members left behind have the legal right to launch a civil case to recover damages from the liable party. However, establishing the other party’s fault can be extremely challenging in such circumstances.
First and foremost, we feel it’s important to stress the value of having a wrongful death attorney on your side. It takes time, money, and intelligent lawyers to prove fault in a wrongful death lawsuit. There is no shame in admitting you need legal assistance; hiring an attorney can help you fight against the other side on equal ground.
Many people don’t know that the law defines negligence in very particular ways. In particular, a defendant’s liability to a deceased person’s family or estate hinges on establishing four components of carelessness. For a case to be successful, the plaintiff (with the help of an attorney) must typically prove the following:
Causation– Proof of a defendant’s illegal or negligent behavior is insufficient to establish negligence. It is also necessary to prove that the defendant’s conduct was the cause of the decedent’s death. A defendant’s refusal to stop at a red light while driving does not automatically make them liable for a victim’s death. Suppose that death was caused by something other than their negligence, such as a vehicle breakdown (airbag failed to deploy, seat belt malfunction, etc.).
Duty of Care -The deceased party has the burden of proving in an Arizona court of law that the offender was responsible for the deceased person’s well-being. Depending on the specifics of the fatal event, wrongful death duty of care in wrongful death proceedings will take various forms. For instance, the plaintiff in an automobile accident action must show that the respondent had a duty to drive safely and in accordance with all applicable laws. Manufacturers are responsible for ensuring their products are safe for consumers to use.
Breach of Duty– The plaintiff has the burden of proving that the defendant was negligent after establishing that a duty of care occurred between the wrongful death party and the person accused of causing the wrongful death injuries. It must be proven that the defendant was careless or negligent when they enabled the manufactured merchandise to be supplied to customers and caused the victim’s death. If there was a car accident, the plaintiff has the burden of proving that the defendant broke the law in some way (speeding, driving under the influence, etc.).
Damages- The final aspect of an Arizona negligent and wrongful death claim is showing that the accuser suffered an actual financial loss. Funeral and burial costs, damages for pain and suffering, lost future income, etc., are all examples of monetary and non-Financial losses that may be claimed.
A lawyer will provide due diligence and put in a lot of time and effort to investigate the case thoroughly to prove all the factors necessary to file a wrongful death lawsuit. Some examples of evidence that will be collected for this purpose are as follows.
- The Defendant’s Record of Safety
- Capturing the scene on film or digital camera
- Eyewitness Testimony
- Accident or police reports
- The information transferred via mobile phones
- Information from the car’s “black box” recorder
Evidence requirements for proving wrongful death liability in Arizona depend on the specifics of the case and the circumstances surrounding the decedent’s passing. To effectively piece together what happened, more often than not, accident reconstruction experts employ data, science, and mathematics to piece together what happened after an accident. After that, the plaintiff can use the expert’s testimony in front of the insurance company or a jury of your peers.
Common Sources Of Wrongful Death In Arizona:
Car Collisions– Distracted driving, driving under the influence of drugs or alcohol, driving aggressively, road construction, and other factors can all lead to car accidents. Car crashes account for a significant number of yearly fatalities in the United St
Corporate Semi-Truck Collisions- Big trucks can cause catastrophic damage in a collision, and the occupants of conventional passenger vehicles are disproportionately likely to be severely injured or killed. Wrongful death claims from crashes involving commercial trucks may be filed against several entities, including truck drivers, trucking firms, truck manufacturers, maintenance companies, and others.
Pedestrian, Scooter, Or Bicyclist Collisions– People walking and riding bicycles in the street and on the sidewalk, or designated bicycle lanes are in a dangerous position. Pedestrian accident victims versus a passenger car or bicyclist versus a motor vehicle are more likely to result in catastrophic injury than those involving a vehicle versus motor vehicle accidents.
Faulty products– Product designers, producers, distributors, and retailers must diminish the probability of injury to their manufactured goods provided to the public. In Arizona, a wrongful death case may be filed based on deaths caused by faulty designs, manufacturing faults, or public failure to notify of potential hazards.
Workplace Wrongful Death– A wrongful death lawsuit may be filed after any workplace death caused by the employer’s carelessness or a third party. Unsafe working conditions, fires or explosions, lack of sufficient training, faulty equipment, occurrences involving machinery, car accidents, and other causes contribute to the high rate of workplace fatalities.
Criminal Behavior– Wrongful death may occur when someone dies as a result of the illegal actions of another. Many factors, including murder, contribute to these instances. Of course, not every criminal act that results in death is murder.
Healthcare Malpractice– According to many prestigious medical school studies, medical mistakes are the 3rd most significant source of loss of life in the United States. Misdiagnosis, failure to diagnose, failure to treat, surgical blunders, incorrect drugs, anesthetic mishaps, healthcare-acquired infections, and other medical errors are among the leading causes of patient mortality.
Nursing Home Wrongful Death- Nursing home wrongful death occurs when a nursing facility or employee causes a death. Neglect, medical errors, and physical or sexual abuse can cause these fatalities. A nursing home death is always traumatic for a family. Due to burial costs and lost income, the family may also suffer financially. You may be entitled to launch a wrongful death complaint against a nursing home if you believe your loved one’s death resulted from the facility’s negligence or abuse.
Financial Settlements Can Be Awarded In A Wrongful Death Suit In Arizona?
In Arizona, financial settlements in wrongful death cases may be available to the surviving family members or the deceased’s estate. These settlements are intended to compensate the family for their losses and damages due to the wrongful death.
Several damages may be included in a financial settlement in a wrongful death case in Arizona. Financial damages are monetary losses directly related to the death, such as medical expenses, funeral costs, and lost income or resources the deceased would have provided. Non-Financial damages are more difficult to quantify and may include compensation for the loss of love, affection, nurturing, companionship, and consortium.
In addition to Financial and non-Financial damages, a financial settlement in a wrongful death case may include punitive damages. These damages are intended to punish the responsible party for their actions and deter similar conduct. Punitive damages are typically only awarded in cases where the responsible party acted with malice or gross negligence.
The amount of a financial settlement in a wrongful death case in Arizona will depend on the case’s specific circumstances, including the nature of the wrongful act, the damages suffered by the surviving family members, and the ability of the responsible party to pay. To recover damages in a wrongful death case, the surviving family members or the estate must be able to prove that the responsible party acted negligently or recklessly and that their actions caused the death of the victim.
It is important to note that financial settlements in wrongful death lawsuits are subject to state laws and limits. The damages awarded may vary depending on the case’s specific facts. It is generally advisable for surviving family members or the estate to seek the advice of an experienced wrongful death attorney to help determine the potential value of a wrongful death case and to assist with pursuing a financial settlement.
When determining the complete Financial losses incurred in a wrongful death case, the plaintiff and their lawyer will typically consider all calculable expenses, including medical bills, funeral expenses, and receipts for any out-of-pocket costs. More complex calculations may be necessary to determine the amount of money the victim would have provided for their family over their expected lifetime. The court may consider factors in this process, including age, health, earning capacity, dependents of the deceased, and other relevant details.
Establishing a monetary value for non-Financial damages, such as emotional distress, pain, suffering, and inconvenience, can be more challenging. An experienced wrongful death lawyer will work to accurately reflect these intangible losses and present them to the court or insurance company.
Financial and non-financial damages in a wrongful death case may require the expertise of financial and Financial experts who can evaluate the overall situation, determine appropriate compensation amounts, and provide testimony to support their conclusions. These experts may be called upon to help justify the damages to a jury or insurance carrier. Overall, the process of calculating damages in a wrongful death case can be complex and requires the help of skilled professionals.
Wrongful Death Laws And Regulations in Arizona
It would be best if you abode by Arizona’s wrongful death statutes for the deceased’s family or estate to receive monetary compensation from the defendant. The procedure for bringing a wrongful death claim and obtaining compensation is governed by various legislation in each state. Many laws might be relevant to your situation, but you should focus on learning the most important ones.
Wrongful Death Fillings– In Arizona, the time limit for filing a lawsuit for an unlawful death court case is two years from the deceased person’s death date. This means you generally have two years from the day of death to file a lawsuit seeking damages for the wrongful death.
There are some concessions to this regulation. For example, if a criminal act caused the wrongful death, the statute of limitations may be extended. In addition, if a government entity caused the wrongful death, there may be different rules for filing a claim.
It is critical to be aware of these deadlines and to act promptly if you are considering filing a wrongful death claim. If you miss the deadline, you may lose your right to seek financial settlement for the wrongful death of your loved one.
It is also worth noting that there are separate rules for the distribution of damages in a wrongful death lawsuit in Arizona. Under state law, the damages from an illegal death settlement must be distributed to the deceased person’s surviving spouse, children, and parents in a specific order. If no surviving spouses or children exist, the damages may be distributed to the deceased person’s siblings or other close relatives. An attorney can help you understand how these rules apply to your specific situation.
Comparative Fault Laws in Wrongful Death Lawsuits– In Arizona, relative fault laws can impact the outcome of a wrongful death court case. Comparative fault refers to the concept that multiple parties may share responsibility for an accident or incident that caused a person’s death. Under Arizona’s comparative fault laws, the damages awarded in a wrongful death lawsuit may be reduced by the percentage of fault attributed to the deceased victim.
If the victim in a wrongful death case is discovered to be forty percent at fault for the accident that caused their death, the damages awarded to their family or estate would be reduced by forty percent. If the costs in the case are awarded for $100,000, the family or estate would only receive $60,000 due to the victim’s comparative fault.
There are several ways that comparative fault can come into play in a wrongful death case in Arizona. One common scenario is when the victim is proven to have contributed to the accident that caused their death due to their actions or behavior. For example, if a pedestrian is crossing the street outside of a crosswalk and is struck by a car, they may be found to be partially at fault for the accident. In this case, the damages awarded to the pedestrian’s family in a wrongful death lawsuit may be reduced by the percentage of fault attributed to the pedestrian.
Comparative fault can also come into play when multiple parties are found to be liable for an accident that resulted in a wrongful death. For example, suppose a car accident is caused by both the driver of one vehicle and the driver of another. Both parties may be found to be at fault, and the damages awarded in a wrongful death lawsuit may be apportioned between the two drivers based on their respective levels of responsibility.
Wade & Nysather’s wrongful death attorneys would like to point out that Arizona’s comparative fault laws can be complex and significantly impact the outcome of a wrongful death lawsuit. Suppose you are considering pursuing a wrongful death lawsuit in Arizona. In that case, it is essential to work with an experienced wrongful death lawyer who will navigate the state’s comparative fault laws and determine the optimal plan of attack for your wrongful death case in the state of Arizona.
You can consult with Attorney Mike Wade or another attorney member of our law firm for advice on the many Arizona statutes that might affect your wrongful death claim. Laws based on fault in insurance, premises liability, and other areas are examples of this. Having a wrongful death attorney on your side can help you comply with all applicable laws.
One of the most challenging things you will ever experience would be the death of a loved one, especially if the negligence of another person, party, or business caused the death. We at Wade & Nysather Law Firm do not think Arizona families should have to deal with wrongful death cases independently.
If you’re wondering which wrongful death law firm you should hire to handle your case. You should know that we utilize state-of-the-art modern advocacy techniques with a good work ethic. We are not a large law firm. Our attorneys have a very manageable caseload; we always call our clients back immediately and are on top of every one of our files. We work hand in hand with each of our clients to ensure we can resolve their matter expeditiously, agreeably, and as professionally as possible. We look to develop a personal and long-lasting relationship with you and ensure that your needs are taken care of and taken care of the right way. So, if you’re looking for a local law firm that can offer you that finishing touch, give us a call.
Your attorney can handle the legal details, such as gathering evidence and constructing a lawsuit against the defendant, so you can focus on grieving. Contact our law office right now to speak with a sympathetic lawyer.
What our customers are saying
Mike Nysather is a stand-out attorney who takes care of his clients as if they are his close friends. In fact, the entire office staff is exceedingly efficient, respectable and kind. Somehow, this firm is able to relieve the incredible anxiety that comes along with getting in a car accident.
Mr. Michael Nysather is a knowledgeable and helpful attorney. He and his office staff took care of all of my needs and I am very satisfied with the outcomes.
They work hard for their clients. Because I was treated like a person and they were very professionally. They work hard for their clients.
This is a company that we strongly recommend. It was a pleasure to associate with the Wade and Nysather Law firm, Scottsdale. All they do is done with professionalism, courtesy, patience, and honesty.
Mike Roberts was great to work with. Answered any questions I had in a timely fashion. Connected me with doctors, and most importantly got some money in my pocket from my car accident. Appreciate the service.
Wade and Nysather are the absolute best! They were very professional and got back to me in a timely manner. The staff is very knowledgeable and made me feel like I was in good hands. 10/10 recommend.
Michael Nysather is A Phenomenal Attorney! He Always gets the Job Done and goes Above and Beyond!! We could Not be More Blessed to have him as our attorney. Mike's staff is Also very friendly, Polite and they care about You. Not often do you find an office like Wade and Nysather! Thank You for All you and your Staff do Mike!!!
Honesty, we found, was paramount in working with this firm. They were knowledgeable, communicative, and their perseverance of D Fargo’s case was impressive. Their willingness to build a relationship with him as a client made him feel important vs. just a number or case on the books.
I am/was very pleased with the work and client care I received from Mike Wade. He always communicated thoroughly what was going on with my case and included me in the decision making regarding my case. Would I use him again, yes! Would I recommend to a friend, yes!