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Table Of Contents
  1. What Is Wrongful Death?
  2. Wrongful Death Lawsuits
  3. The Purpose of Pursuing a Fatal Accident Case

Losing a loved one is a painful experience, especially when their death was the result of someone else’s negligence. If you lost someone close to you in an unexpected accident, consider the benefits of filing a lawsuit.

A Gilbert wrongful death lawyer at Zanes Law can handle your claim as you grieve with your family. Though a legal claim cannot bring your loved one back, our compassionate personal injury attorneys will do everything in their power to obtain compensation for your relative’s death.

What Is Wrongful Death?

A wrongful death occurs when someone dies due to neglect or lack of care on the part of another individual or company. In most cases, this means that the deceased person has been killed because someone else did something wrong — such causing an accident through reckless driving or failing to keep a premises safe.

In some cases, however, it can mean that medical professionals failed to provide adequate care for patients who later died from their injuries or illnesses as a result of not receiving proper treatment in time.

Our Gilbert wrongful death attorneys are experienced in handling complex cases that involve multiple parties, including insurance companies and businesses and products that can be held liable for the death of another person.

For a free legal consultation with a wrongful death lawyer serving Gilbert, call 866-499-8989

Wrongful Death Lawsuits

A wrongful death lawsuit can be brought when a family member dies due to the negligence of another party. For example, if your spouse died because he or she was hit by a truck while crossing the street, you could file a wrongful death claim against the driver of that truck. 

Wrongful death lawsuits are brought in civil courts. While it’s possible that the at-fault party can face criminal charges relating to the death of your loved one, you can still pursue a civil claim against them for damages that include:

  • Funeral and burial expenses
  • Medical bills
  • Lost wages
  • Pain and suffering
  • Loss of companionship

The parents, spouse, or children are entitled to pursue damages for their loss under two theories: survival rights and loss of companionship.

Survival Rights

Survival rights are based on the principle that a person has a right to live through his or her natural life span. This right can be asserted by family members if they believe that they would have been financially dependent upon their loved one had he or she lived longer than expected. 

For example, if you were planning on caring for your grandmother until she reached age 70, but she died at 60 as a result of someone else’s actions, you may be able to recover damages for survival rights in your wrongful death suit.

Loss of Companionship

Loss of companionship refers to the emotional distress experienced by those who lose their loved ones in the course of a wrongful death. This type of loss is typically recognized as one that is more severe than other types of damages because it cannot be compensated by money.

This type of loss is often difficult to quantify in terms of monetary value. However, if you have lost a loved one due to wrongful death and are experiencing symptoms of depression or anxiety as a result, you may be able to recover compensation for this type of injury.

Gilbert Wrongful Death Lawyer Near Me 866-499-8989

The Purpose of Pursuing a Fatal Accident Case

Unlike other personal injury lawsuits, the plaintiff in a wrongful death claim is not the accident victim. The purpose of a wrongful death action is to provide legal remedies to compensate the decedent’s surviving family members.

Because of this crucial difference, families should not attempt to pursue a case on their own. Any errors in drafting or filing the claim could jeopardize a person’s chances of recovering damages. A skilled lawyer could advise individuals on the proper way to pursue a wrongful death action.

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This was the 1st time I've used Zanes Law. It was a fantastic experience for having to go through a situation most would rather not. The attorney and staff were always available to answer my questions and explained things clearly and were obviously 100% in my corner. My attorney, Jim, was very genuine and made me immediately comfortable when I came in to speak with him about my case. Every case manager I dealt with was patient and helpful. I would definitely return to Zanes should the time ever come again that I need a personal injury firm.

Kelly Kay

Personal Injury

Hello! As client of Zane law I was recently involved in accident last September and my recovery is still healing but Zane law checked on me and made sure everything was going smoothly and made sure I was on the right step every single time. I definitely would used them again ! They have helped my recovery so much and being a mom of 6 it has made my days a little more better/easier! From chiropractor to message therapist and making sure I had that extra help like trauma counseling to get through my days! I thank you so much Rachel and Annabelle!

Monique Cota

car accident

Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS

James Doligale

Personal Injury

Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS

James Doligale

Personal Injury
Zanes Law Practice Area

$1,320,000

Car Accident

No one ever expects to be involved in a car accident, suffer an injury, or need to begin looking for a Phoenix car accident attorney.

Zanes Law Practice Area

$1,065,000

Wrongful Death

With the help of a Phoenix wrongful death lawyer, you should receive compensation for your losses.

Zanes Law Practice Area

$700,000

Slip and Fall

When you are hurt in an accident, our Phoenix slip and fall lawyers are only a phone call away.

Zanes Law Practice Area

$1,100,000

Motorcycle Accident

Our motorcycle accident lawyers in Phoenix understand how dangerous it can be to ride a bike. So much so that we have created safety articles for years.

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Damages Available in a Wrongful Death Claim

Wrongful death damages are similar to personal injury damages. They account for the damages your loved one would have pursued in their personal injury claim had they survived. But wrongful death damages also encompass the loss of your loved one’s future earning potential, as well as damages that affect you and your family. 

We help you recover the full slate of damages for which you are eligible after a wrongful death in Arizona, including both economic and non-economic damages. Our wrongful death lawyers in Gilbert can help you win a settlement or award that includes compensation for the following and more:

  • Loss of the decedent’s future income: If your loved one was still working at the time of their death, we can help you recover compensation to cover the future income they would have earned.
  • Loss of guidance and companionship: We go after non-economic damages, such as the loss of guidance and companionship you received from your loved one.
  • Medical expenses: We can help you collect compensation to pay for the medical expenses your loved one incurred before succumbing to their injuries.
  • Funeral expenses: We can also see to it that the responsible party or parties cover your loved one’s funeral expenses.

Who Is Entitled to Compensation in a Wrongful Death Claim?

Only certain people have the right to file a wrongful death lawsuit under A.R.S. § 12-612. These family members include the surviving spouse, children, parents, or guardians. Alternatively, the decedent’s estate representative may file a claim on behalf of one of the family members mentioned above.

It is also important to note that an individual is only permitted to file a fatal accident claim if the deceased person would have been able to pursue a personal injury claim had they survived the accident. Anyone with questions about their rights to wrongful death benefits should consult with a knowledgeable attorney.

Types of Wrongful Death Claims

Because any death that results from negligence or wrongdoing can qualify as a wrongful death, it is impossible to put together a complete list of wrongful death claims. In our decades of combined experience pursuing these cases, however, some of the most common causes of wrongful death have included:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Medical malpractice
  • Pedestrian or bicycle accidents
  • Violent acts

Some of these situations can be more complex than others. Our Gilbert wrongful death attorneys will investigate your loved one’s death, identify all potentially liable parties, and put together a compelling case for damages.

An Example of Wrongful Death in Arizona

On August 15, 2015, Melissa Varela prepared to exit the Loop 101 freeway in north Phoenix in her Lexus sedan. At the same time, a nurse who worked at a nearby hospital was also preparing to take the same exit while driving her Jeep Grand Cherokee. However, an emergency vehicle was blocking the off-ramp, and the nurse didn’t notice the stopped traffic.

Unfortunately, it was too late for the nurse to react and slammed into the back of the Lexus. As a result, Melissa’s four-year-old daughter, Vivian, who was in the back seat of the Lexus, was killed instantly. Melissa was injured.

In 2022, the Arizona Supreme Court ruled that Vivian and her family were eligible to file a wrongful death lawsuit against Jeep’s parent company, Fiat Chrysler Automobiles, for failing to install automatic emergency braking (AEB) devices in the SUV, which would have prevented the crash. At the time, the AEB in the Jeep was only available as an optional addition.

AEB systems are promising new technology for crash prevention. However, automakers have been too slow to adopt these features as common among their vehicles. It would have only cost Fiat Chrysler Automobiles $100 per vehicle to install the device. And expert modeling has concluded that if the AEB had been installed, Vivian would not have died.

How We Help You Win Compensation: The Zanes Law Advantage

Zanes Law can help you win compensation for your loved one’s wrongful death. We do more than fight for the fair compensation you deserve—we do it all from A to Z, helping you with everything they possibly can as you navigate the days and weeks that follow your loved one’s death.

We start by giving you a free case evaluation when and where it is convenient for you. We will come to your home, your office, or anywhere else that saves you time and energy. In the process of evaluating your case, we will identify the potentially liable parties and go over all your legal options and what to expect.

Our team will gather evidence and assemble a thorough, compelling claim for damages. We will then pursue the responsible party and their insurance company, if applicable, for full and fair compensation. If they do not agree to a fair settlement outside of court, we do not hesitate to file a lawsuit and take your case in front of a jury.

The days and weeks following the death of a loved one can present a number of challenges, chief among them are dealing with grief and emotional pain. We believe you should focus on healing, not on all the little things that must get done in the wake of a loved one’s death. 

We take all that off your shoulders and put it on ours. Our client reviews and testimonials illustrate how important our clients are to us and how we treat them like family. 

The Statute of Limitations on Wrongful Death Claims in Arizona

According to A.R.S. § 12-542, fatal accident lawsuits must be filed within two years of the date of the victim’s death. However, this timeline may be extended or shortened based on a number of factors unique to your case, so it is important to speak with a Gilbert wrongful death attorney as soon as possible after your loved one’s death.

Zanes Law will evaluate your case and let you know what deadlines apply. If we need to, we can file a quick claim to keep your case active and prevent the statute of limitations from expiring.

Potential Legal Obstacles to Recovering Damages

As with all other civil claims, there are potential obstacles to recovering compensation. The defendant may use several tactics to deny liability for the accident, including:

  • Partial liability: The at-fault party may argue that the deceased person was partially responsible for the accident. Speeding at the time of a collision with a drunk driver may constitute partial liability, limiting the amount of compensation available to the surviving family members.
  • Going after the wrong party: The defendant may also argue that the plaintiff failed to sue the correct person. This defense is often used in hit-and-run cases where the negligent driver’s identity is unknown.
  • Missing the statute of limitations: Failing to file a claim within the legal deadline could also harm an individual’s chance of successfully obtaining compensation. 

Call for a Free, No-Obligation Wrongful Death Case Evaluation From Zanes Law

The Zanes Law team is ready to get to work on your wrongful death claim today. If your loved one lost their life because of someone else’s negligence or wrongdoing, we will fight for your rights and help you recover the compensation you deserve. 

Remember, you never pay us a fee until we win. And our lawyers come to you when and where it is convenient. A wrongful death accident lawyer in Gilbert, AZ will make the process as easy as possible for you.

To get started today, you can call us or contact us online. Let us help you with the information you’ll need to move forward with your case.