How To Win Your Wrongful Death Claim

Have you lost a loved one due to the negligence of another person and have questions about how to win your wrongful death claim? Call us now!

Choosing an Attorney

How To Win Your Wrongful Death ClaimIf you are reading this, it’s likely that one of your loved ones has died unjustly at the hands of someone— either a doctor or some type of violent perpetrator— and you’re pursuing your claim. First and foremost, on behalf of our entire law firm and our family here, our condolences to you. We know that losing a loved one could be very significant to you, but we also want to be here for you to help you pursue your wrongful death claims. We have a great degree of experience. You always want to look for someone with experience as it relates to wrongful death claims and knows the wrongful death statutes and causes of action that could lead to damages that you’re being compensated or cared for.

There’s nothing that’s going to replace the life of your loved one, but we certainly want those claims pursued. We have had success with wrongful death, know how to pinpoint the cause of action and are also trial lawyers not afraid to take a case to trial. We will not allow the burden of trial to cause our clients to make a settlement or agreement concerning a case or minimize the value of a case. You want experience, you want success, and you want a lawyer who can go all the way. We are confident that if you call our office and talk to one of our attorneys that practices in the wrongful death area, you’ll find that someone that’s experienced, someone that’s certainly a trial lawyer, and someone that has been successful with these types of cases.

Common Mistakes to Avoid

In the state of Arizona, we have specific wrongful death statutes. Under the Arizona Revised Code, Chapter 12, Sections 611-613, it’s stated that a wrongful death suit can be filed if the deceased would not have died during the act and instead could have filed a personal injury suit. The requirement is that there be some type of wrongful act, some type of negligent act, or some type of act where a party acted inconsistent with controlling laws or deviated far away from the standard and duty care to other people.

Here in Arizona, though, they limit who can actually file a wrongful death suit. It’s virtually limited to statutory survivors. Spouses, a child, a parent or guardian, or a legal representative can file a wrongful death suit here in Arizona. If the person has none of those folks, then, of course, the suit can be filed on behalf of the estate of the person. There are some people who are specifically excluded by statute here in Arizona from filing wrongful death cases, such as siblings. Same-sex partners in Arizona can’t file wrongful death actions, nor can common law spouses. All of those folks are statutorily excluded from filing a wrongful death claim.

There are other things that go into it, but those are the prevailing laws of what constitutes a wrongful death claim here in Arizona. You’re going to need to call an attorney. It’s not something that you should try to do on your own. I get it, you’ve lost a loved one. There’s a great degree of compassion from our heart to your heart concerning the loss of your loved one, but you need to call someone that’s an experienced trial lawyer because most likely the cases end up in the courts, someone that’s wiling to compassionately but yet assertively represent your wrongful death claim for the loss of your loved one.

Case Timeline

Here in Arizona, the amount of time that it takes to resolve a wrongful death claim or to litigate a wrongful death case can vary based on a number of factors. What are the underlying factors related to the wrongful death claim? Was it the result of some type of medical procedure? Was it a result of an incident or an accident? These factors can vary greatly, so there is no specific or set time frame in which the matter will be resolved. Sometimes, we try to resolve these cases in prelitigation efforts, if those are available; other times, there are no prelitigation efforts available to resolve the case and it has to be filed in court. Of course, the courts have a lot to do with the amount of time, according to the discovery rules here in Arizona or in the federal courts here in the state of Arizona. The discovery rules will play a significant role in the amount of time that the court allows to litigate this case on the merits.

We know you may be experiencing a lot of anxiety. You’re here trying to represent the interest of your loved one who has lost their life. Of course, we are sympathetic and empathetic to those positions and to you processing the emotions behind losing a loved one, but we also make sure that we are candid and have that conversation with you so that we are not rushing to get the case resolved, but are also not kicking the can down the road and keeping it going longer than necessary. The amount of time that it will take is only the amount of time that is necessary to pursue all of the claims and get you the amount that we feel and that you feel is the proper value for your wrongful death claim.


Did you lose a loved one from the negligence of another in Arizona and have questions about how to win your wrongful death claim? Contact experienced Phoenix Wrongful Death Attorneys at Smith & Green today for a legal consultation.

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