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Gilbert Wrongful Death Lawyer
25+ YEARS OF EXPERIENCE
When you hire us, you're adding unmatched experience to your team, ensuring you get the best possible outcome.
99% WIN RATE
Our firm maintains an impressive 99% win rate, even while accepting difficult cases other law firms have turned away.
NO UPFRONT FEES
We are not afraid of trial, and insurance companies know this. If it’s in your best interest, we are always trial ready.
$1,320,000
Car AccidentNo one ever expects to be involved in a car accident, suffer an injury, or need to begin looking for a Phoenix car accident attorney.
$1,065,000
Wrongful DeathWith the help of a Phoenix wrongful death lawyer, you should receive compensation for your losses.
$700,000
Slip and FallWhen you are hurt in an accident, our Phoenix slip and fall lawyers are only a phone call away.
$1,100,000
Motorcycle AccidentOur 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.
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.