Gilbert Wrongful Death Attorneys
Representing Family Members of Wrongful Death Victims in Gilbert
Gilbert is a town with agricultural roots that are evident in the local food scene. Patio restaurants offer menu items made from locally sourced ingredients. With delicious, fresh food and beautiful scenery, Gilbert offers its residents and visitors an enjoyable lifestyle. But despite its unique and attractive qualities, people may still sustain fatal injuries through the careless actions of others in Gilbert.
If you have lost a family member due to the negligence or wrongdoing of another, The Husband & Wife Law Team can help you and your family hold the responsible party accountable. Mark Breyer was awarded an AV Rating by Martindale-Hubbell and named among the Top 100 Trial Lawyers by Super Lawyers. We understand the toll such a devastating event can take on surviving family members. Let us handle the legal process while you and your family focus on healing.
Call us at (480) 753-4534 to schedule your free initial consultation. Let’s see how we can help.
How is “Wrongful Death” Defined?
“Wrongful death” refers to a civil action in which damages are sought against a party for knowingly or negligently causing the death of a person. A wrongful death lawsuit can arise from criminal acts in which the victim was intentionally harmed or from accidental death caused by negligence.
A party who causes the death of a person may be subject to criminal prosecution, but this is separate and distinct from a wrongful death claim in civil court. Surviving family members of the victim may file a lawsuit against the party responsible for the death and potentially claim economic and non-economic damages to help compensate for their loss.
What Are the Most Common Causes of Wrongful Death?
Fatal injuries can happen for a number of reasons, including intentional violence. The most common causes of wrongful death are accidents caused by negligence, including:
- Car accidents: An estimated 42,795 individuals died in motor vehicle accidents in a recent year, as stated by the National Highway Traffic Safety Administration (NHTSA). Negligent drivers may be held liable for fatal accidents they cause.
- Pedestrian accidents: Pedestrians are unprotected and vulnerable to serious or fatal injuries in a collision with a 4,000 lb. passenger vehicle. Drivers who are distracted, violate traffic rules, or fail to yield the right of way may be held accountable for deadly pedestrian accidents.
- Motorcycle accidents: As they lack the protection of an enclosed vehicle, motorcyclists are more likely to sustain fatal injuries in a collision than passenger vehicle occupants. Many motorcycle crashes are caused by negligent drivers who fail to register the motorcycle in the roadway.
- Truck accidents: Due to sheer size and weight, large commercial trucks can cause severe injuries to passenger vehicle occupants in a collision. Responsible parties may be held liable for wrongful death after a fatal truck accident caused by a trucker or trucking company’s negligence.
Who Can File a Wrongful Death Claim in Gilbert?
Certain family members of the deceased victim are entitled to file a wrongful death claim. These are the surviving spouse, children, parents, or guardians. The personal representative of the estate may also file a wrongful death claim on behalf of surviving family members.
The statute of limitations for wrongful death in Arizona is two years from the date of death. A lawsuit must be filed within that time period or be forever barred.What Types of Compensation Are Available for Wrongful Death?
Family members of wrongful death victims may seek damages, including:
Economic damages: These consist of monetary losses, such as funeral and burial expenses, medical expenses from the last injury or illness of the deceased, and lost income and benefits the victim would have earned had they lived.
Non-economic damages: Damages may be claimed for subjective, non-monetary losses, such as emotional pain and suffering, loss of household services the deceased provided, and loss of care, companionship, guidance, affection, and consortium.
Trusted Legal Advocates for You and Your Family
If you lost a loved one due to the negligence of another, The Husband & Wife Law Team is here to help you take legal action. Our Gilbert injury attorneys will utilize every tool at their disposal to help you get justice on behalf of your loved one. We will perform a comprehensive assessment of your case, take all of your losses into account, and fight tirelessly for the compensation your family deserves.
Our dedicated Gilbert wrongful death lawyers, Mark and Alexis Breyer, stand ready to assist you in facing the legal complexities related to losing a loved one. We are committed to serving as your trusted allies on the path to recovery.
Reach out to us at (480) 753-4534 for a free consultation to discuss your case today.
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