Losing a loved one is devastating, and no one should have to experience the death of a loved one through negligence or a wrongful act. While no amount of money could bring the person back, a compassionate and empathetic Mesa wrongful death lawyer may be able to help you receive compensation when a loved one dies due to an act of negligence or inaction by a person or a corporation. Reach out today to speak with a caring personal injury attorney at Elmm Law Group.
Who Is Liable for Wrongful Death?
Arizona Revised Statutes § 12-611 states that “…[w]hen death of a person is caused by wrongful act, neglect[,] or default, and the act, neglect[,] or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages…”
This means that if a person or a corporation whose negligent or wrongful act or failure to act causes the death of another person in Mesa, an attorney could hold them responsible for that person’s death.
Proving Wrongful Death
In the state of Arizona, proving wrongful death requires the following:
- There was negligence by the defending party
- There was a duty owed by the defendant to the deceased victim
- The defendant’s negligence led to the cause of the victim’s death
- There was quantifiable damage, including hospital bills and funeral costs, as well as medical expenses and loss of income
A person who has lost a loved one due to a wrongful death in Mesa should consult with an experienced lawyer to help prove that negligence took place.
Who Can File a Wrongful Death Suit?
Under Arizona law, surviving spouses, children, parents, guardians, or personal representatives may file a claim. If there are no surviving family members, an appointed personal representative may bring an action on behalf of their estate. If the deceased is a child, their parents or guardians may file a wrongful death claim.
Statute of Limitations
A wrongful death lawsuit must be filed before the statute of limitations ends. A statute of limitations is simply a state law that creates a time limit on the ability to bring a lawsuit to court. Similar to the rest of Arizona, wrongful deaths fall under the statute of limitations for personal injury claims.
Under Arizona Revised Statutes § 12-542, the statute of limitations or time limit on personal injury suits is two years from the occurrence of the death. A Mesa attorney well-versed in the law around wrongful death could ensure your case is handled efficiently.
Speak with a Wrongful Death Attorney in Mesa Today
If your loved one died in a motor vehicle crash, due to medical negligence, from a defective product, or in any other accident caused by someone else’s negligence, an attorney could help you pursue justice and fair financial recovery. A skilled and compassionate Mesa wrongful death lawyer could help you by investigating the accident, valuing the claim, communicating with insurance companies, and filing a lawsuit.
Our team at Elmm Law Group is here for you. Call us today for an initial consultation.
Client Snapshot: $532,000 Wrongful Death Settlement
Client Background
Losing a loved one is deeply painful. When that loss happens suddenly because of a motor vehicle accident, the grief is unimaginable. Recently, we had the honor of standing by a local Mesa family who lost a devoted parent and spouse to a negligent driver.
The Challenge
The family was left to pick up the pieces after a completely preventable crash. Along with their profound emotional grief, they faced sudden financial instability. Medical bills from the emergency response, funeral costs, and the unexpected loss of a primary income threatened their home and future. To make matters worse, the at-fault driver’s insurance company offered a quick, low payout that did not even begin to cover the family’s basic needs.
The Solution
During such a dark time, grieving families should not have to fight large insurance companies alone. Knowing they needed support, this family reached out to an experienced Mesa wrongful death lawyer on our team. We immediately stepped in and took over all legal communications.
Our goal was clear: we wanted to secure true justice for wrongful death victims. We thoroughly investigated the crash, gathered concrete evidence, and built a strong case proving the other driver’s complete negligence. We handled the heavy legal lifting so the family could focus entirely on mourning, supporting one another, and healing.
The Results
- $532,000 Total Recovery: We successfully secured a maximum wrongful death settlement, holding the negligent driver fully accountable for their actions.
- Long-Term Financial Security: This significant recovery ensured the family could pay off all medical and funeral expenses, secure their home, and provide a stable future for their children.
Client Quote
“We were completely broken and overwhelmed by the sudden financial pressure after our loss. Our legal team treated us with such deep compassion. They fought tirelessly for our family, and because of them, we finally have the financial stability we need to move forward and properly honor our loved one.”
Serving the wider Valley: if your wrongful death in Phoenix, our Phoenix wrongful death lawyer team handles cases across the Phoenix metro.
Related Reading: