Wrongful Death Lawyer in Gilbert, AZ

Get compassionate and dedicated representation from the Law Offices of Brandon White, a team of trusted wrongful death attorneys in Phoenix, AZ. Serving Gilbert, Arizona, and surrounding areas, our law firm is committed to seeking justice for your loss.

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What Is a Phoenix Wrongful Death Lawsuit?Common Pedestrian Accident Injuries

A Phoenix wrongful death lawsuit is a legal action brought against a person or entity responsible for the death of an individual due to their negligence, recklessness, or intentional actions. Arizona's wrongful death laws enable surviving family members, such as spouses, children, or parents, to seek justice and compensation for the devastating loss they have suffered.

The Phoenix wrongful death law provides an avenue for grieving families to recover damages for funeral expenses, medical bills, loss of income, loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct in the future.

The experienced attorneys at the Law Offices of Brandon White understand the complexities of wrongful death cases and are committed to helping you navigate this challenging legal process while advocating for the best possible outcome for your family. If you're seeking wrongful death action, our team is here for you.

What Are the Most Common Causes of Wrongful Death in Arizona?

Wrongful death can occur in various situations, often due to negligence or reckless behavior by another person or entity. In Arizona, some common causes of wrongful death include:

Motor Vehicle Accidents

Fatal motorcycle accidents, car crashes, and truck accidents are leading causes of wrongful death, often resulting from speeding, drunk driving, distracted driving, or other forms of negligent behavior on the road.

Medical Malpractice

A financial Power of Attorney is a document created to appoint an individual or organization to handle your financial and other affairs if you become incapacitated or are otherwise incapable of making financial decisions on your own.

Workplace Accidents

Employers may be held liable for wrongful death if they fail to provide a safe work environment, leading to fatal accidents, especially in high-risk industries like construction, mining, or transportation.

Defective Products

Manufacturers, distributors, and retailers can be held accountable for wrongful death if their products are found to be defective or unsafe, causing fatal injuries to consumers.

Premises Liability

Property owners can be held responsible in wrongful death suits if they fail to maintain safe premises, resulting in fatal slip-and-fall accidents or other hazards.

No matter the cause of your loved one's wrongful death, it's essential to seek legal advice from an experienced wrongful death attorney who can help you understand your rights, build a strong case, and pursue the compensation you deserve for your loved one's death and loss.

Who Can File a Phoenix Wrongful Death Claim?

In Phoenix, Arizona, the following individuals or parties are eligible to file a wrongful death claim:

The surviving spouse of the deceased;
The surviving children of the deceased;
The surviving parents of the deceased;
The personal representative of the deceased's estate.

If you're unsure about your eligibility to file a wrongful death lawsuit, contact an experienced Phoenix wrongful death attorney who can guide you through the legal process and advise you on your rights.

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Damages a Successful Wrongful Death Claim Can Recover

If you have lost a loved one or a family member due to someone else's negligence, you may be entitled to recover damages in a wrongful death lawsuit settlement in Arizona. Some of the damages that a successful wrongful death claim can recover include:

Economic damages, such as medical expenses related to the deceased's final injury or illness, funeral and burial expenses, and loss of the deceased's future earnings and benefits;
Non-economic damages, such as loss of companionship, guidance, mental suffering, and emotional distress for the surviving family members;
Punitive damages may also be available in some cases, which aim to punish the defendant for their misconduct and deter others from engaging in similar behavior in the future.

It's essential to have a knowledgeable Phoenix wrongful death lawyer on your side to help you determine the damages you may be entitled to and fight for the compensation you deserve. Contact the Law Offices of Brandon White today to schedule a free consultation and learn more about your legal options.

Proving Negligence in a Wrongful Death Case

In a wrongful death case, the plaintiff must prove four elements of negligence in court to win:

Economic damages, such as medical expenses related to the deceased's final injury or illness, funeral and burial expenses, and loss of the deceased's future earnings and benefits;
Non-economic damages, such as loss of companionship, guidance, mental suffering, and emotional distress for the surviving family members;
Punitive damages may also be available in some cases, which aim to punish the defendant for their misconduct and deter others from engaging in similar behavior in the future.

It's essential to have a wrongful death attorney to assist you in gathering evidence, establishing liability, and building a strong case to prove the elements of negligence and seek justice for your loved one's untimely death. Different types of wrongful death lawsuits and claims may involve different elements of negligence, and the nature of the defendant may also affect the filing deadlines and damages available. A skilled wrongful death attorney can navigate the legal process and help you pursue the compensation and closure you deserve.

Arizona Wrongful Death Statute of Limitations

In Arizona, the statute of limitations for filing a wrongful death claim for the victim's death is two years from the date of the deceased's death. If you fail to file your claim within this time frame, you may lose your right to seek compensation for your loss. However, there are certain exceptions to this rule, such as if the death was caused by medical malpractice, in which case the statute of limitations may be extended to two years from the date of discovery of the malpractice. It's important to note that filing a wrongful death claim can be a complex legal process that requires the help of an experienced attorney.

Why Choose Our Gilbert Wrongful Death Lawyers for Your Claim?

If you've lost a loved one due to someone else's negligence, you need an experienced and compassionate wrongful death attorney on your side to fight for your rights and seek justice for your loved one.

At the Law Offices of Brandon White, our Phoenix wrongful death law firm has a proven track record of success in handling wrongful death claims and recovering maximum compensation for our clients. Here are some reasons to choose us for your wrongful death settlement claim:

We have extensive experience and knowledge in handling wrongful death cases, and we know how to build a strong case for our clients

We offer personalized attention to every client and treat each case with the care and compassion it deserves

We're committed to fighting for justice and holding the responsible parties accountable for their negligence or misconduct

We work on a contingency fee basis, which means you don't pay any fees unless we recover compensation for you

We're available 24/7 to answer your questions and provide support throughout the legal process

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"Brandon White and his team turned a stressful property-damage + personal-injury battle into a fair, well-earned win."

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"My husband and I were recently referred to Brandon White’s law practice. We felt very welcome from the minute we arrived at his office."

Rollover Accidents

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"Our experience with Brandon White LLC has been excellent. The entire team of Marissa, Sydney and Shannon were very impressive. From accommodating our schedules and reschedules to last minute changes and questions regarding our wills, trust and estate, we were treated with courtesy and respect."

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"So my situation was very serious. The day of the incident I had been diagnosed with the flu the day before and I was running a fever and wasn't feeling very well. And unfortunately I'd made a poor decision. I was accused of a DUI, but it got knocked down to reckless driving. When I first found out what I was accused of I was very scared.

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If you've lost a loved one due to someone else's negligence, our wrongful death attorneys at the Law Offices of Brandon White can help you seek justice and compensation for your loss. We serve clients throughout Gilbert, AZ, and the surrounding areas near Phoenix.

FAQ

What is the difference between a survival action and a wrongful death claim?

A survival action is a legal claim brought on behalf of the deceased's estate to recover damages that the deceased could have claimed had they survived. Wrongful death claims are brought on behalf of the surviving family members to recover damages for their losses and suffering caused by the deceased's death.

Who is responsible for paying damages in a settlement involving a death?

The defendant or their insurance company is typically responsible for paying damages in a settlement involving a death. The damages may cover economic losses such as lost wages, medical bills, funeral expenses, and burial costs, as well as non-economic losses such as pain and suffering, mental anguish, or loss of companionship.

Why file a civil action when a criminal case is pending?

Filing a wrongful death suit as a civil action allows the surviving family members to seek compensation and justice for their loss regardless of whether a criminal case is pending or not. A criminal case focuses on punishing the defendant for their wrongdoing, while a civil case aims to compensate the victim and their family for the damages caused by the defendant's actions.

How is a settlement or verdict amount determined in a wrongful death case?

The settlement or verdict amount in a wrongful death case is determined by various factors, such as the severity of the negligence or misconduct that caused the death, the damages suffered by the surviving family members, and the strength of the evidence presented by the plaintiff. An experienced wrongful death attorney can help you assess your case and negotiate with the defendant or their insurance company to seek the maximum compensation you deserve.

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