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Wrongful Death

Arizona Wrongful Death Lawyer

To file a wrongful death lawsuit in Arizona, you must show that:

• The death of a person was caused by a wrongful act, neglect or default
• The act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred
• There are surviving beneficiaries, children, or dependents of the victim
• Monetary damages have resulted from the decedent’s death

At The Voightmann Law Firm in Phoenix, Arizona, our lawyers will investigate the cause of death and retain experts to prove negligence. The burden is on the person who brings the wrongful death lawsuit to prove that a death of a person was caused by a wrongful act or neglect. Our lawyers handle wrongful death cases on a contingency fee basis. This means that you never pay attorney fees unless we are successful in obtaining compensation for you. Our fee, if we are successful, will be a percentage of the compensation you receive for:

• Direct expenses, including medical bills and funeral cost
• Loss of benefits, including what the person could have received in pension/retirement benefits had they lived
• Loss of future earnings, which is what the person who died would have earned in salary if he or she had lived
• Loss of companionship, which is what the person who died would have emotionally provided to a relationship, and the mental pain and suffering resulting from the decedent’s death
• Punitive damages, which is the amount the at-fault party should be punished for his or her action resulting in the victim’s death

While setting monetary damages is an important part of a wrongful death lawsuit, it is not the only reason people file claims. Many people are interested in finding answers about their loved one's death and holding the negligent party accountable.

Our lawyers successfully represented the parents of an unborn child who died when the heater unit in their Flagstaff hotel room malfunctioned, filling the room with carbon monoxide. While the mother was able to exit the room, her unborn child died from carbon monoxide poisoning.

Only certain individuals can file a wrongful lawsuit. In Arizona, a surviving spouse, child, parent or guardian, or personal representative of the deceased person may file a suit on behalf of all beneficiaries, including the surviving spouse, children or parents. Siblings and cousins of the decedent do not have the right to bring the lawsuit unless they have been named as guardian or personal representative of the decedent. However, siblings and cousins would still have no right of recovery so long as there is a surviving spouse, child, or parent of the decedent. If there is no surviving spouse, child or parent, siblings may file the suit on behalf of the decedent’s estate and may participate in the recovery through the estate.