Arizona Wrongful Death Lawyers
Work With Rasmussen Injury Law, An Arizona Wrongful Death Law Firm
No one is ever truly prepared for the unexpected loss of a loved one. Coping with grief and anger is already overwhelming, and unexpected financial challenges can make the situation even harder. If your loved one’s passing was caused by someone else’s negligence, a wrongful death attorney can help you pursue a legal claim against those responsible, allowing you to focus on healing.
In cases of wrongful death, working with an experienced attorney significantly increases your chances of securing compensation. While no amount of money can undo your family’s loss, a wrongful death lawsuit can help ease the financial strain during this difficult time
Speak to an Arizona Wrongful Death Attorney Now: (480) 637-5757
Your Typical Deadline to File a Wrongful Death Lawsuit in Arizona: 2 Years
Arizona’s statute of limitations for wrongful death claims is usually two (2) years from the date of the person’s death. Failing to file a wrongful death claim within this period may compromise your right to financial recovery.
Our Practice Areas
The Rasmussen Injury Law Promise:
Compassion.
A wrongful death can cause profound emotional pain. We listen to your story, stand by your side, and fight for your right to financial recovery.
Commitment.
Our Arizona wrongful death lawyers are committed to fighting for full, fair compensation—in every case, every time.
Experience.
With more than 30 years of personal injury experience all across Arizona, we bring a wealth of knowledge to every case we handle.
After the wrongful death of a loved one, Rasmussen Injury Law is in your corner. Call (480) 637-5757 to speak with an Arizona wrongful death lawyer today.
What is “wrongful death?”
Any unexpected death can be devastating, but a fatal incident is only considered a wrongful death when someone else’s negligence is found to be the root cause of the death. Acts of carelessness, recklessness, or simple disregard for safety can give rise to a wrongful death claim.
Wrongful death cases can result from several types of events, including:
- Motor vehicle accidents
- Motorcycle accidents
- Truck accidents
- Premises liability (“Slip and fall” accidents)
- Medical malpractice
Wrongful death claims are generally brought against the party believed to be responsible. Others, such as insurers or additional liable parties (for example, an employer), may also become involved if they have a stake in the outcome or a duty to defend the claim.
The party that caused the death is typically the one held liable for damages, but payment often comes from their insurance provider, especially in cases like car accidents. Depending on the circumstances, other parties (for example, an employer or product manufacturer) may also share responsibility for compensation.
Because wrongful death claims can be complex and involve multiple parties and legal considerations, it is generally advisable to seek professional legal guidance rather than attempting to handle the process alone. An attorney can help you navigate the legal system and pursue the compensation your family deserves.
Call Rasmussen Injury Law now at (480) 637-5757 for your free consultation.
How To File a Wrongful Death Lawsuit
Before moving forward with a wrongful death case, you and your attorney need to determine whether you have the legal standing to file a lawsuit. Each state has its own rules about which family members are eligible to bring a wrongful death claim after a loved one’s accidental death.
By Arizona law, a wrongful death lawsuit can be filed by several parties who were close to the deceased. This includes the surviving spouse, their children (biological or adopted), parents/guardians, or by a person designated as the representative of the deceased’s estate.
Without an experienced Arizona wrongful death lawyer, these lawsuits can be complicated, costly, and emotionally draining. Rasmussen Injury Law stands ready to help you through the process with competence, compassion, and the utmost care. Call us today at (480) 637-5757 for your free consultation.
Proving A Wrongful Death Case
Proving a wrongful death claim can be challenging, but working with an experienced attorney can significantly improve your case. Like other negligence cases, the plaintiff must demonstrate four key elements to succeed:
- Duty of Care: The plaintiff must establish that the defendant owed a duty of care to the deceased. For instance, commercial truck drivers are required to operate their vehicles safely under FMCSA regulations.
- Breach of Duty: It’s not enough to show a duty existed; the plaintiff must also prove that the defendant breached this duty through negligent actions that led to the death.
- Causation: The plaintiff must show a direct link between the defendant’s breach of duty and the resulting death. If this connection cannot be established, compensation cannot be awarded.
- Damages: Finally, the plaintiff must provide evidence of damages suffered as a result of the wrongful death, such as financial losses or emotional suffering.
Arizona Wrongful Death: Frequently Asked Questions
How long does a wrongful death lawsuit take?
The timeline for a wrongful death lawsuit can vary widely, as each case is unique. Several factors influence how long the process will take; the process can take months or even years. Ideally, the parties involved can reach a settlement before a lawsuit is filed, which can resolve the matter within a few months. When liability is clear, negotiations typically focus on agreeing to a fair compensation amount, and a lawsuit may not be necessary if a settlement is reached.
However, if there is disagreement over who is at fault, the process can take much longer. When a wrongful death case proceeds to litigation, it may take several years to resolve, depending on the complexity of the case, the length of the discovery phase, and the court’s schedule. In the vast majority of cases, wrongful death lawsuits will settle faster, and for larger sums, when the plaintiff is represented by a competent Arizona wrongful death lawyer like Rasmussen Injury Law.
How do you win a wrongful death lawsuit?
Winning a wrongful death lawsuit requires proving that the responsible party acted negligently, similar to a personal injury case. As explained above, there are generally four essential elements to a successful wrongful death case: duty of care, breach of duty, causation, and damages. If any of these components are missing, the claim will not succeed. Proving a duty of care can be straightforward in some cases, and more challenging in others.
Wrongful death lawsuits can be financially and emotionally draining. Rasmussen Injury Law is here to help. We work on a contingency fee basis, meaning we never collect money until you do. Call us today to discuss your case: (480) 637-5757.
Who collects the damages in a wrongful death lawsuit?
In Arizona, damages awarded in a wrongful death lawsuit are collected by the deceased person’s surviving family members: generally, their spouse, children, and parents or legal guardians. If the deceased had a will, compensation may also be distributed according to its terms or treated as an asset of the estate.
The law requires that compensation be distributed among eligible family members in proportion to the value of their individual losses, rather than automatically divided equally. If the claim is brought by the estate, the estate may receive the compensation, but typically, surviving immediate family members are the primary recipients.
Arizona law also specifies that wrongful death damages paid directly to family members are not subject to the deceased’s debts or liabilities unless the compensation is awarded to the estate.
To discuss legal action in a wrongful death suit, call Rasmussen Injury Law: (480) 637-5757.
Is wrongful death a crime in Arizona?
Wrongful death is not a crime in Arizona. It is a civil matter that allows certain surviving family members or the estate of the deceased to seek financial compensation when a person’s death results from another party’s wrongful act, neglect, or default. While a wrongful death claim can arise from conduct that is also criminal—such as manslaughter or homicide—the wrongful death lawsuit itself is separate from any criminal prosecution.
The purpose of a wrongful death case is to provide monetary compensation to survivors, not to impose criminal penalties like imprisonment or probation. Wrongful death claims provide financial compensation for medical bills, pain and suffering, and loss of household income resulting from the death.
Are wrongful death awards taxable?
In accordance with IRS Rule 1.104-1, wrongful death settlements are generally not taxable at either the federal or state level. In Arizona, wrongful death compensation is classified as compensatory damages for personal injuries or physical illness. This includes amounts awarded for medical expenses, funeral costs, loss of companionship, and emotional distress directly related to the loss.
However, exceptions apply. This includes punitive damages (awarded to punish the wrongdoer rather than compensate the family); interest earned on the settlement before distribution, deducted medical expenses related to the wrongful death on your taxes, and compensation for lost income.
Please note that this information is not meant as financial advice. Speak with your accountant or tax attorney to learn more.
How do I find the best wrongful death attorney near me?
Choosing a great Arizona wrongful death lawyer is among the most important decisions you will ever make. Your attorney will not only act as your personal representative in all legal matters related to your personal injury claim but potentially change the course of your life based on what they are to recover for you through legal damages. Wrongful death awards can be substantial—and having a dedicated wrongful death law firm at your side can make all the difference.
When vetting Arizona wrongful death lawyers, look for years of experience in the field of personal injury law. Read their reviews and talk to people who have worked with them before to understand how it feels to be a client. If they offer free consultations, always take full advantage; this can be an important means of gathering information about your attorney and their communication style.
A wrongful death lawyer should put you instantly at ease. You should feel comfortable telling them your story, and confident in their ability to advocate on your behalf. They will be reviewing the circumstances of your loved one’s death, formulating your case, and negotiating with the insurance company. While the “best” wrongful death attorney in Arizona may be a subjective determination, you should feel fully confident that your wrongful death is up to the task.
If you believe a loved one’s death was the result of someone else’s negligence, call Rasmussen Injury Law to discuss your case: (480) 637-5757.