Tucson Wrongful Death Lawyers

Losing a close relative to a fatal accident in Tucson, Arizona, is an incredibly difficult and overwhelming experience. Dealing with end-of-life medical bills and difficult insurance companies can add to the stress. Filing a wrongful death claim against the at-fault party can help alleviate some of the financial hardship, allowing your family the time to properly grieve. While taking legal action will not bring a loved one back, it can help in the healing process and provide your family with justice and necessary resources to manage the loss.

Our experienced Tucson wrongful death attorneys are available to listen to your story during a free consultation and help your family seek justice.

What is Wrongful Death in Arizona?

In Arizona, wrongful death occurs when someone’s life is lost due to the negligence or recklessness of another person or entity. Common causes include but are not limited to:

• Motor vehicle collisions, such as those involving large commercial trucks, passenger cars, motorcycles, bicycles, and pedestrians, may have potentially fatal outcomes for those involved.
• Defective products, such as design flaws, manufacturing defects, and incorrect product labeling may all lead to fatal accidents.

A wrongful death claim communicates a strong message to the defendant and their insurer and may potentially protect other families in the Tucson community from similar harm.

What Must Be Proven in a Fatal Accident Claim in AZ?

To succeed in a wrongful death case in Tucson or elsewhere in Arizona, certain elements must be proven. These include:

• Duty of Care: It must be shown that the defendant owed a duty of care to the decedent. For example, drivers are responsible for operating their vehicles in a safe manner to avoid causing harm to others on the roadway, such as other motorists, passengers, motorcyclists, pedestrians, and bicyclists.
• Breach of Duty: The burden of proof is on the plaintiff to establish that the opposing party breached that duty by acting negligently or unreasonably, such as running a stop sign or red light and causing a catastrophic or fatal motor vehicle collision.
• Causation: It must be established that the breach of duty of care directly led to the fatal incident, connecting the opposing side’s negligence to the fatal outcome. This involves presenting evidence, such as police reports, expert testimony, witness statements, photos, video footage, and more.
• Damages: This involves presenting the losses caused by the unexpected loss of life, including economic damages such as funeral costs and loss of future financial support and non-economic damages like loss of companionship and mental anguish.

Evidence such as medical records for end-of-life treatment, police reports, expert witness testimony, and eyewitness statements are important to support a fatal accident case in Tucson, Arizona.

What Damages Can Be Recovered in an Accident Fatality Case?

Compensatory damages in a wrongful death action are typically divided into economic and non-economic damages. The first type covers financial losses, whereas the other type is more difficult to quantify as it is subjective in nature. Recoverable economic and non-economic damages in a fatal accident case may include:

• Mental anguish
• Funeral and burial costs
• Loss of inheritance for the estate
• Loss of the deceased’s companionship, care, and guidance for surviving family members
• Earnings and benefits the deceased would have provided to the family household if not for the deadly incident

Filing a wrongful death case is a way to obtain justice for your family member and cover unexpected losses. If you are considering taking legal action against the individual or entity who caused the fatal accident resulting in your family’s loss, please know that assistance is available. Call or fill out an online contact form to schedule your free consultation with a Tucson wrongful death lawyer today.

Purpose of Punitive Damages in Wrongful Death Cases

Punitive damages are rare and reserved for cases involving extreme negligence by the defendant. They are solely intended to punish the opposing party for their egregious actions. It is important to note that punitive damages are not awarded in every case. For instance, if excessive speed or DUI contributed to a deadly motor vehicle collision, punitive damages may be sought from the at-fault driver. It is important to work with a skilled wrongful death attorney in Tucson who can navigate the complexities of punitive damages and obtain the justice your family deserves.

Who Can Bring a Wrongful Death Action in Arizona?

The immediate family of the decedent is eligible to file for wrongful death, as outlined in ARS 12-612. This may include the surviving spouse, parent or legal guardian, child, or personal representative of the decedent. If there are no surviving children or spouse, then the deceased parent’s may be eligible to file. Given the complexities involved, it is advisable to speak with a knowledgeable wrongful death attorney in Tucson for clarification in your specific case. Our legal team is available to review your case at no cost and go over your options moving forward.

Why is Hiring a Wrongful Death Lawyer Important for Your Case?

Our dedicated legal team offers guidance and support at every step of the process. When you entrust us with your Tucson wrongful death case, we will assist with the following:

• Compassion and Support: Beyond legal matters, we provide compassionate guidance during this difficult time to clients we represent in fatal accident cases.
• Investigation: We will thoroughly investigate the fatal incident, gather key evidence such as police reports and eyewitness statements, and work with experts to build a strong case.
• Negotiations: Our legal team will negotiate with insurance companies on your behalf and is prepared to litigate if necessary to protect your rights.
• Manage Legal Procedures: We will take care of all legal paperwork, ensure timely filing, and represent you in court, allowing you and your family to focus on healing.
• Proven Experience: With a successful history in handling fatal accident cases, we anticipate challenges and work on strategic approaches for the best results possible.
• Peace of Mind: Working with our Tucson wrongful death attorneys means gaining peace of mind, knowing we are working diligently to obtain the justice and compensation your family deserves.

We handle cases on a contingency fee basis, ensuring that families in need have access to quality legal representation. You will not be charged any fee unless we successfully recover compensation.

How Long Do You Have to File a Wrongful Death Lawsuit in AZ?

Timing is crucial when filing a lawsuit for a loved one’s wrongful death in Tucson, AZ. According to state law, a plaintiff must file their case within two years. However, if the loss of life was caused by a government entity’s negligence, the time limit is shortened to 180 days or six months to submit a notice of claim from the date of the fatal incident. Failure to file a case within the applicable deadline may result in its dismissal by the court. Do not risk losing your right to compensation and retain legal counsel immediately.

Consult with a Compassionate Tucson Wrongful Death Attorney

The reckless or careless behavior of an individual or entity has the potential to result in devastating effects for an entire family. If your family has lost a loved one due to a fatal accident, assistance is available and just a phone call away. Our experienced Tucson wrongful death attorneys will obtain the justice your family deserves. Contact us for your free consultation at (602) 777-3300. We can help your family explore your legal options for justice. Our law firm serves clients in Pima County and all over the state of Arizona, including Tucson and surrounding areas.