Tempe Wrongful Death Lawyer
When a loved one dies due to another’s negligence, Arizona law allows family members to pursue compensation for damages caused by this unexpected loss.
The dedicated personal injury team at Phillips Law Group has been protecting the rights of injury victims and their families for decades. Our firm has recovered more than $750 million in compensation for more than 155,000 clients. We have recovered millions in wrongful death cases, including awards for $4.5 million and $3.4 million for the families of victims who died in fatal motorcycle accidents and a $4 million award to the family of a victim who died in a car crash caused by a defective tire.
Our founder - Jeffrey Phillips - is an award-winning trial lawyer who has served as lead counsel in more than 40 jury trials. He has obtained verdicts throughout Arizona, including in Maricopa County, Pima County, Pinal County, Gila County and other counties.
Our Tempe wrongful death lawyers are available to discuss your claim during a free consultation. There are no upfront fees for our services.
Call 1-800-706-3000 to set up your free, no-obligation case review.
What Must Be Proven in a Wrongful Death Case?
Most wrongful death cases are filed on grounds of negligence. To establish negligence, you must prove the following four legal elements:
- There was a duty of care. You must be able to show that the party who caused your loved one’s death owed some legal duty to your loved one. For example, if the at-fault party was a health care provider who was treating your loved one, the legal duty is to act in accordance with the accepted standard of care. If the at-fault party was a driver, his or her legal duty was to obey traffic rules and act in a reasonable manner to prevent the injury or death of others.
- The at-fault party breached the duty of care. Next, you must show what the at-fault party did to breach the duty of care. For example, a health care provider may have violated the standard of care or a driver may have been distracted while driving.
- There is a link between the breach of duty of care and the death. You must be able to show that the breach of the duty of care is what proximately caused your loved one’s death. Your loved one would not have been killed had the at-fault party not breached the duty of care.
- You suffered damages. You must be able to prove that you were financially harmed by your loved one’s death or that you were dependent on him or her.
Proving these elements can be a challenging task and it is in your best interest to discuss your claim with an experienced Tempe wrongful death lawyer. Complete the "Free Case Evaluation" form on this page to get in touch with a representative from our legal team.
Who Is Eligible to File a Wrongful Death Lawsuit?
In Arizona, there are a variety of people who may be eligible to file a wrongful death lawsuit, including the following:
- The surviving spouse
- The deceased’s surviving children
- The surviving parent of the deceased
- A living guardian of the deceased
- The legal representative of the deceased’s estate
Types of Wrongful Death Cases
There may be various types of accidents that give rise to a wrongful death lawsuit, including the following:
- Motorcycle accidents – Given the lack of protection surrounding motorcyclists, collisions with larger vehicles can often result in tragic consequences.
- Motor vehicle accidents – Many people tragically lose their lives every year because of the careless actions of motorists, such as drinking and driving, texting while driving, or speeding.
- Defective products – Sometimes dangerous products cause loss of life. It could be a design or manufacturing defect or a failure to warn about the risks of using a product as intended.
- Medical malpractice – When a medical provider fails to uphold the standard of care, devastating injuries may occur. Our lawyers recovered $470,000 in a case where a victim died due to a delay in treatment.
- Workplace accidents – Work-related fatalities can occur in any industry, but certain occupations are riskier, such as construction, industrial work and manual labor. Our skilled lawyers secured a $1.4 million recovery in a wrongful death mining accident.
If you have lost a family member due to the actions of another person, holding negligent parties accountable for their actions can be an important part of the grieving process.
At Phillips Law Group, our wrongful death attorneys offer a consultation to review the details of the incident and provide advice regarding a wrongful death lawsuit. The initial consultation is free, there are no upfront fees if you hire us and we only get paid when we obtain a recovery on your behalf.
What Is the Potential Value of My Claim?
The potential value of your claim depends on many factors, including the conduct of the at-fault party and the losses that you can establish. Every case is different, so it is important to get an estimate of the potential value of your claim from an experienced lawyer by scheduling a free consultation.
Damages are the losses that you sustained due to the death of your loved one. These are typically divided into two categories:
Direct losses are those costs that are tied to a specific monetary loss and that can be quantified. These losses include:
- The final medical expenses
- Funeral costs
- Burial costs
- Lost financial support
Losing a loved one can be devastating and lead to severe emotional distress. These damages are less tangible and more difficult to quantify. Nonetheless, surviving family members may be able to receive compensation for these losses, including loss of companionship, loss of consortium and mental anguish.
Under state law, compensation cannot be used to settle debts of the deceased, unless the case is being filed for relatives of the estate.
Generally, wrongful death compensation is not taxable, but you can learn more about this by reviewing this IRS publication.
What is the Time Limit to File a Wrongful Death Lawsuit in Arizona?
The deadline to file a wrongful death lawsuit in Arizona is two years from the date of the victim’s death. However, there may be some instances when the deadline may be sooner or later. For example, if the government was responsible for your loved one’s death, you may have to file a notice of claim within 180 days.
Because this issue can affect whether you will be able to file a claim or not, it is important that you consult with a knowledgeable wrongful death lawyer who can determine the deadline that applies to your claim.
How Can Hiring a Wrongful Death Lawyer Help?
The litigation process is complex and requires a tremendous amount of work to establish your right to recovery. Grieving families often do not have the time or resources to thoroughly investigate a claim and build solid legal arguments to prove their case.
At Phillips Law Group, we devote our time and resources to establish our clients’ grounds for financial recovery. We also handle communications with the insurance companies and prepare for trial if the insurance company refuses to offer fair compensation.
Contact an Experienced Tempe Wrongful Death Lawyer for Help
After losing a loved one in a tragic accident, protecting your best interests by hiring a skilled wrongful death lawyer can be an important part of the healing process for many families.
At Phillips Law Group, our dedicated team is prepared to aggressively pursue full compensation for damages. In a free consultation, we can review the specific details of the incident and determine if there are grounds to pursue a wrongful death claim. We have represented more than 155,000 clients and obtained more than $750 million in total compensation.
We welcome the opportunity to assess the merits of your claim during a free consultation and charge no upfront fees if you hire us.