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Scottsdale Wrongful Death Attorney

Scottsdale Wrongful Death Attorney

Many people in Arizona know they have the right to file lawsuits if they get injured in preventable accidents around town, such as vehicle collisions or slip and fall accidents. They may not, however, recognize the right to file on behalf of someone else. If a beloved family member lost his or her life in a fatal accident in Arizona, you may be able to bring a wrongful death claim against the responsible party on behalf of the decedent. A wrongful death claim could pay your family and the deceased person’s estate for related losses.

The lawyers at David Shapiro Law, PLLC guide families in Scottsdale through wrongful death claims in pursuit of justice and financial compensation. We have years of experience representing families in wrongful death insurance claims and lawsuits. Discuss your case in detail with our lead attorney today. Call (480) 300-5405 to schedule a free initial consultation in Scottsdale.

Why Hire Us?

  • Our wrongful death attorneys can take cases all the way to trial in Maricopa County, Arizona.
  • Our lawyers use a personalized legal style, always getting to know their clients before strategizing claims.
  • Our clients benefit from our history of success, which shows insurers we mean business.
  • Our attorneys have experience handling cases involving many causes of injuries and fatalities.
  • Our Scottsdale wrongful death lawyers do not charge upfront for their services.

Benefits of Hiring a Wrongful Death Lawyer

A plaintiff’s attorney will know exactly how to build and bring a wrongful death claim in Arizona on your behalf. You will not have to worry about determining the defendant, proving fault, or gathering evidence after you hire a lawyer to take care of these processes for you. Your lawyer can deal with confusing paperwork and claims filing in your county while you plan your loved one’s funeral and spend time healing with your family.

You also will not fall prey to insurance company bad faith tactics if a corporation tries to take advantage of you. Your lawyer will stand up for your rights during each phase of negotiations. You will have the peace of mind to focus on other things after you hire a wrongful death attorney to take care of your claim.

What Is Wrongful Death? Do You Have a Case?

Arizona law defines wrongful death as the loss of someone’s life do to another person’s wrongful act, default, or neglect. In general, if your loved one would have been able to file a personal injury lawsuit for the same situation if the accident had not been fatal, your family will have grounds to bring a wrongful death claim now. You or your wrongful death lawyer will need to provide enough evidence to prove four main elements more likely to be true than untrue, in most cases.

  1. A relationship between the defendant and the deceased person existed that imposed a duty of care on the defendant. A duty of care could refer to any standard of care that applied to the situation, either legally or ethically.
  2. Proof of a breach of duty of care. The defendant must be guilty of committing a breach of the duty of care, such as an act of negligence, recklessness, or maliciousness. A breach could refer to any act or omission someone else would not have committed in the same circumstances.
  3. Causation between the defendant’s breach of duty and the decedent’s death. You or your lawyer must be able to establish a connection between the defendant’s negligence and your loved one’s death based on the evidence available.
  4. Damages suffered by the plaintiff and surviving family members. Damages can refer to physical injuries, the loss of life, lost household services, property damages, medical expenses, lost wages, mental anguish, and many other losses.

Wrongful death can occur in many circumstances in Scottsdale. Some of the most common are motor vehicle accidents, workplace accidents, medical malpractice, defective drugs and products, dangerous premises, fall accidents, exposure to toxic substances, abuse or neglect, and violent crimes such as assaults and shootings. Contact us to discuss whether you have a claim after any type of incident takes the life of your loved one in Arizona.

Arizona’s Wrongful Death Laws

Before your family or the deceased person’s estate can recover financial compensation from a defendant, you must obey Arizona’s wrongful death laws. Going about filing a wrongful death claim and pursuing compensation involves different laws depending on the state where you file. Although many different laws may pertain to your case, learn a few of the most essential.

  • Filing restrictions. You may only file a wrongful death claim in Arizona if you are a surviving spouse, child, parent, or guardian of the deceased person. You will also have the ability to file if you’re the personal representative of the decedent’s estate or of the decedent.
  • Statute of limitations. Although most families focus on a funeral and burial before contacting a lawyer, it is important to act within at least two years of the date of your loved one’s death. If you miss your statute of limitations, your family may lose the right to hold someone responsible for the fatal accident.
  • Comparative fault laws. Arizona will use the doctrine of pure comparative fault in a wrongful death case that involves the possible negligence of the decedent. If your loved one contributed to the accident, your family may receive a reduced compensatory award. The acceptable percentage of a plaintiff’s fault in Arizona goes all the way up to 99%.

Attorney David Shapiro or another attorney at our law firm could walk you through all the laws in Arizona that may apply to your wrongful death claim. These may include product liability laws, premises liability laws, fault-based insurance laws, and more. Hiring a wrongful death lawyer can ensure you correctly navigate all the statutes that are relevant to your claim.

Contact a Scottsdale, AZ Wrongful Death Attorney

A family member’s death is one of the hardest things you will have to deal with in your life. At David Shapiro Law, PLLC, we do not believe families in Arizona should have to handle wrongful death claims alone. While you focus on grieving, your lawyer can handle legal matters such as collecting evidence and building a claim against a defendant on your behalf. Speak to a compassionate attorney at our law firm today. Call (480) 300-5405 or contact us online to schedule a free consultation in Scottsdale 24/7.

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COVID-19 Announcement - During this crisis the David Shapiro Law team is working and accepting new clients. Our team continues to fight for our clients at full capacity, every single day. We will not let the insurance companies take advantage of you during this time. Close