Losing a beloved family member causes unimaginable grief and pain under any circumstances. If you have reason to believe that someone else should have prevented your loved one’s death, however, it can be even more difficult for your family to cope and heal. At MDK Law Group, our Glendale wrongful death lawyers hope to help you get answers, hold a wrongdoer accountable, and pursue justice for the loss of your loved one.
Why Choose Our Wrongful Death Attorneys?
- We provide a personal touch in all of our legal services, with tailored legal strategies and 24/7 communication. You will have a direct line to the attorney who is working with you and for you.
- Our law firm outperforms our competitors, and our clients see the difference in the level of service that we provide. We are the law firm that other lawyers hire.
- Our lawyers keep their legal services affordable by accepting all cases on a contingency fee basis. This means you won’t pay us unless we win your wrongful death case.
Why You Should Hire a Wrongful Death Lawyer
Your family is going through an extremely difficult and emotional time. You should not have to handle a wrongful death lawsuit on your own, as well. Hiring a Glendale wrongful death lawyer to represent your family can allow you the time, energy and peace of mind to focus on what matters most while an experienced professional handles legal matters. Your wrongful death lawyer can use proven strategies to fight for the financial compensation that your family deserves without placing any of the legal burden on your shoulders.
What Is Wrongful Death?
Arizona Revised Statutes Section 12-611 defines wrongful death as the death of a victim caused by the wrongful act, neglect or default of another person. It states that if death had not ensued and the victim would have been entitled to file a personal injury claim to recover damages from the defendant, a wrongful death claim can be brought after the individual’s death.
A wrongful act can refer to malicious, wanton, reckless or intentional torts, such as violent crimes or assault with a deadly weapon. Neglect means the failure to act with reasonable care (carelessness). Default is an omission or the nonperformance of a duty of care – failing to perform a task or action that is expected or required based on the circumstances.
Top Causes of Wrongful Death in Arizona
Wrongful death can occur in many different circumstances. Our Glendale wrongful death attorneys are equipped to handle all types of wrongful death claims. Some of the most common causes of wrongful death that we see as wrongful death attorneys in Phoenix are:
- Car accidents
- Boating accidents
- Slip and fall injuries
- Workplace accidents
- Construction site accidents
- Premises liability accidents
- Defective product injuries
- Dog bite attacks
- Acts of violence or homicide
- Nursing home abuse
- Medical malpractice
If something about your loved one’s death makes you suspect neglect or wrongdoing, contact us to find out if you have grounds for a lawsuit. We will listen carefully to your story, answer your family’s questions and let you know if your case has merit.
How Do You Prove Wrongful Death in Arizona?
Not all deaths in Glendale, Arizona give surviving family members the right to bring wrongful death lawsuits. The filing party must have evidence or proof that the death fulfills the state’s definition of wrongful, that the decedent’s estate or surviving family members suffered compensable losses, and that the defendant is legally responsible (liable). One or more parties may be liable for wrongful death in Arizona if their actions or omissions were the proximate cause of the victim’s fatal injury. Your family must have evidence that the defendant is at fault to hold that person or party liable.
The burden of proof, or the amount of evidence that the plaintiff must provide to win a wrongful death lawsuit, is a preponderance of the evidence. This is enough clear and convincing evidence to establish that the defendant is more likely to be at fault than not at fault for the death. This is a lesser burden of proof than proof beyond a reasonable doubt in the criminal justice system. However, it can still be difficult to meet without assistance from a wrongful death lawyer.
Evidence that may be available to support a wrongful death case includes photographs, videos, signed eyewitness statements, testimony from qualified experts, accident reconstruction, medical records, accident reports, a coroner’s report, and cell phone records. At MDK Law Group, our Phoenix personal injury attorneys can provide a comprehensive investigation of your loved one’s death and gather any available evidence of fault to present to a judge or jury on your behalf.
Who Can File a Wrongful Death Claim in Arizona?
In Arizona, the law restricts who has the legal right to file a wrongful death lawsuit. This right is only given to the deceased person’s surviving spouse, child, parent or guardian, or personal representative. The personal representative, also called an administrator or executor, may be named in the decedent’s will. If not, the probate courts can appoint a representative to act as the plaintiff in a wrongful death lawsuit.
How Much Time Is There to File a Wrongful Death Lawsuit?
You do not have an unlimited amount of time to file a wrongful death lawsuit in Arizona. Like all states, Arizona has a law known as a statute of limitations that places a deadline on the ability to bring a cause of action. In general, you must file your claim within two years of the date of your loved one’s death. Otherwise, you are at risk of the courts refusing to hear the case. With only rare exceptions, a missed statute of limitations will bar your family from any financial recovery for wrongful death.
Consult With Our Wrongful Death Lawyers in Glendale, Arizona Today
If you recently lost someone dear to you, we want you to know how sorry we are for your loss. Our Glendale wrongful death attorneys understand how you are feeling and sympathize with what you’re going through. If you believe you have grounds for a wrongful death lawsuit, you do not have to be alone in the pursuit of justice and financial compensation. Our experienced Glendale, AZ personal injury lawyers are here to explain your family’s legal rights, come up with creative legal remedies for your specific situation and give your loved one a voice in the civil justice system. Find out how we can help you in more detail today. Request a free case consultation online or at (623) 225-5635.