Expert Wrongful Death Lawyer & Fatal Injury Attorneys

Experienced Wrongful Death Lawyer

If a loved one’s life was cut short due to someone else’s negligence, you may have legal options. Arizona law provides for wrongful death claims to recover damages for the loss. If you believe someone else’s negligence played a role in your loved one’s death, you have the right to speak with an experienced attorney. At Hirsch Talcott, we are dedicated to protecting our clients’ rights. Call today to schedule a free consultation.

While accidents may happen all the time, if a person’s life is cut short due to the negligence of another person, the law provides for legal remedies in the form of a “wrongful death” claim. Like all states, Arizona has enacted specific laws that address these claims. These laws set forth liability, who has the right to file a claim, and the damages that may be recovered under such a claim.

If you have experienced the death of a loved one and believe someone else’s negligence played a role, you have a right to speak with an experienced attorney. At Hirsch Talcott, we are dedicated to protecting our clients’ rights. To schedule a free consultation with a top Phoenix wrongful death attorney call today.

What Accidents Lead to Wrongful Death Claims?

Our wrongful death attorneys regularly advise and represent families who are struggling with the aftermath of tragic accidents, such as:

• Rollover accidents where the victim was ejected from a vehicle and killed;
• Intersection or T-bone accidents where a driver smashed into the side of another vehicle, killing the driver or passengers inside the other vehicle;
• Pedestrians struck and killed by an automobile as they crossed the street at an intersection (cases involving jaywalking may still result in recovery with a thorough investigation);
• Truck accidents and 18-Wheelers;
• Motorcycle accident;
• Other types of negligence-related personal injury claims or car crashes
  

Who Is Liable for a Wrongful Death in Arizona?

Section 12-611 of the Arizona Revised Statutes (A.R.S.) provides that when a person’s death is due to a “wrongful act, neglect or default,” a wrongful death lawsuit, a type of personal injury claim, may be filed if the deceased individual would have been entitled to recover damages based on the “wrongful act, neglect or default” that caused his or her death. Put simply, because the injured party is no longer alive, certain survivors have the right to recover damages by initiating a lawsuit against the negligent party. Anyone considering filing a suit should first consult with a Phoenix wrongful death attorney to ensure their rights are protected.

Who Can File a Wrongful Death Lawsuit in Arizona?

In the state of Arizona, when an individual’s death is caused by a “wrongful act, neglect or default,” certain persons may bring a lawsuit if the decedent would have had the right to pursue a personal injury action had he or they survived.

Under A.R.S. Section 12-612, the following parties are permitted to file legal action for a wrongful death in Arizona:

• The spouse of the decedent
• The child of the decedent
• The parent or guardian of the decedent
• The personal representative of the deceased person for and on behalf of the surviving spouse, children or parents
• A personal representative on behalf of the deceased person’s estate (if none of the above survive)
  

What Damages Will Your Phoenix Wrongful Death Lawyer Pursue?

Under Arizona law, several types of damages may be recoverable in a claim. These damages include the costs associated with medical, funeral and burial expenses, along with the surviving family member’s pain and suffering and loss of love and affection. The parties to the action may also be able to recover compensation for the loss of earnings of the deceased.

A.R.S. Section 12-613 addresses how damages are to be awarded for wrongful death cases in Arizona. The language in the statute is very broad and provides that the jury shall award the surviving parties “such damages as it deems fair and just” taking into account the “mitigating or aggravating circumstance attending the wrongful act, neglect or default.”

In a lawsuit, two categories of damages can be awarded:

• Damages to compensate the surviving family members for the loss of their loved one. These damages are generally paid directly to the decedent’s family members and include compensation for pain and suffering and loss of companionship, care, comfort and guidance.
• Damages to compensate losses to the deceased person’s estate. These damages are typically paid to the decedent’s estate and include such items as funeral and burial expenses, medical bills, lost wages and benefits the decedent would have earned, damages to the decedent’s property and other losses.
  

Securing Compensation for Loss of Earnings in a Wrongful Death Lawsuit

When a life has been cut unnecessarily short by the negligence of another person, surviving family members often face tremendous financial struggles in addition to insurmountable anguish and grief. In many cases, the deceased person may have been a major or primary breadwinner for the family, leaving the survivors wondering how they will ever be able to survive financially. While this can be an extraordinarily challenging time, it is important to know that when a death occurs, the family and the estate of the deceased may have the legal right to recover monetary compensation for their losses. Even though no amount of money can ever erase your pain or bring back your loved one, monetary compensation can help ease your current financial struggles and provide for you and your family’s future.

We have substantial experience helping family members recover the financial support they need when a loved one is needlessly killed in an accident. In a claim, the parties to the action can seek recovery of the earnings the deceased individual would have provided to the household, had they not died through the negligence of others. Determining the exact amount of damages recoverable is a complex process that takes into account both the present and future loss of earnings of the decedent.

How Much Are You Entitled to in a Loss of Love and Affection Claim?

When a loved one dies through the negligence of some other party, a well-established part of the case is the loss of love and affection. Whether your family member was killed in a car crash, truck collision or some other tragic event, bringing a lawsuit to collect damages for the loss of love and affection requires an experienced lawyer. To successfully recover these types of damages, the evidence in the case must establish how the loss has affected the party bringing the claim.

A critical factor in a loss of love and affection claim is providing the court with evidence that the surviving party lost someone that they had built a strong, stable relationship with. Evidence that can help demonstrate such a relationship includes a marriage license showing years of marriage, birthday and anniversary cards and photographs of the parties together during vacations and travel and other shared activities. Additional support may include testimony from family members, friends and clergy that establishes the relationship between the claimant and the deceased, as well as evidence showing that parties took care of one another when they were ill.

While many people equate the loss of love and affection with the loss of physical intimacy and sexual intercourse (sometimes called the loss of consortium), the damages actually involve far more and include the loss of assistance, comfort and companionship as a result of the death. Quantifying the exact value of these damages can be difficult, and an experienced Phoenix wrongful death attorney can best evaluate your situation and advise you the legal options that may be available in your case.

Our Phoenix Wrongful Death Lawyers Work with a Financial Expert to Earn You the Most Compensation

When our personal injury law firm files a lawsuit, we work closely with expert witnesses who can establish the loss of future earnings based on multiple factors, including the decedent’s age, work experience, work expectancy, job promotion and inflation. An economist can best provide our legal team with the present value of the decedent’s lost earnings, taking into account the time value of money. These calculations are exceedingly complex, so it is essential to ensure that your attorney has a close working relationship with an economist that they trust, as loss of earnings is often the largest component of damages in a claim. It is also critical to make sure that your Phoenix wrongful death lawyer can recommend a competent tax professional who can provide you with the skilled advice you will need before you receive any compensation in the case. In many cases, a large settlement in an action can impact other government benefits you may be receiving. The right legal and tax professionals can help you avoid jeopardizing these benefits.

Remember, you only pay our law firm if you win your wrongful death case!

Questions About Your Rights and Legal Options? Contact a Phoenix Wrongful Death Attorney Today

We understand that the premature loss of a loved one can be not only heartbreaking for the remaining family members, but it can be financially devastating, particularly if your deceased loved one was the sole means of income for the family. We also know that there is no amount of money that can bring back your loved one. However, it is important to hold those responsible for your loved one’s death accountable for their actions. You will undoubtedly face a number of unexpected, but necessary, expenses, such as funeral expenses, medical costs and future lost wages. The laws addressing legal actions are complicated, but we can help you obtain the compensation to which you are entitled for your loss. Call us today to schedule a free consultation with an experienced Arizona wrongful death lawyer at our firm. Though our main office is in Phoenix, we have offices throughout the state.

What is the Emotional Impact of a Wrongful Death Claim?

Losing a loved one unexpectedly is incredibly challenging, not just financially but emotionally. Beyond legalities, a wrongful death claim involves navigating grief and seeking justice. A compassionate attorney can provide both legal support and a sense of relief, helping families focus on healing while managing the complex legal process.

Is it important to understanding Punitive Damages in Wrongful Death Cases?

Punitive damages aim to punish particularly reckless or malicious behavior, like drunk driving. While not common in all cases, they can significantly impact compensation in wrongful death claims. Understanding when these damages apply is crucial, as they can help deter similar actions and add value to the case.

What is the Role of Financial Experts in Calculating Damages?

Determining fair compensation in wrongful death cases goes beyond simple math. Financial experts assess future earnings, career potential, and inflation, ensuring families receive full compensation. Their insights are essential for building a strong, comprehensive case that truly reflects the loss suffered.

What is the Importance of Preserving Evidence Early On?

Acting quickly to gather evidence is vital in wrongful death cases. Witness statements, surveillance footage, and other crucial information can fade or disappear over time. A proactive attorney secures this evidence early, strengthening the case and maximizing the chances of a favorable outcome.

Get Help with Navigating Complex Legal Timelines

Wrongful death claims have strict deadlines, and missing them can forfeit your right to sue. Different claims or defendants may have varied timelines, adding complexity. An experienced lawyer ensures all deadlines are met, guiding families through the legal process smoothly and effectively.

Why Choose Hirsch Talcott: Experienced Wrongful Death Lawyer in Phoenix, AZ?

Experienced Attorneys

Jack Hirsch is an Arizona personal injury and wrongful death certified specialist. We have a proven track record of handling wrongful death cases in Arizona with successful outcomes.

• Board Certified Legal Specializations: Injury & Wrongful Death Litigation

Personalized Attention

We treat each case with care, providing the attention and dedication you deserve during this difficult time.

No Fee Unless We Win

We work on a contingency basis, so you don’t pay unless we win your case.

Contact Us for a Free Consultation

If you have questions or need legal guidance, call us for a free consultation. We’re here to help you navigate this challenging time and fight for the justice your loved one deserves, hire a wrongful death lawyer now.