Tempe Wrongful Death Lawyers

Representation for Family Members of Accident Victims

Losing a loved one is always hard. But when that loss has come as a result of someone else’s negligence or intentional wrongdoing, it can be even more difficult for surviving family members to move on.

At Breyer Law Offices, P.C., our Tempe personal injury lawyers understand the trauma and grief you are going through. We have experienced wrongful death ourselves, and helped many clients receive compensation after a life-changing accident. If you lost a loved one in Tempe, call us at (480) 753-4534. We’ll sit down with you and go over your legal options. If we can help you, we’ll take your case so that you and your family can focus on healing.

Defining Wrongful Death

A "wrongful death" is as a death that is the result of a wrongful act, neglect, or default. According to Arizona Revised Statutes Section 12-611, a wrongful death claim may be filed if the deceased would have been able to file a personal injury claim had he/she survived the accident.

Who’s Eligible to File a Wrongful Death Claim?

Only certain parties are able to file a wrongful death claim in Arizona – usually, relatives of the deceased. A surviving spouse, surviving children, and a surviving parent or guardian of the deceased are all eligible to file a claim. If the victim’s spouse, children, guardian of children, and parents are deceased, his or her personal representatives may file a wrongful death claim. This representative is usually named in the deceased’s will.

For example, in 2016, the parents of a young man killed in Tempe by a speeding police vehicle were able to file a lawsuit against the City of Tempe. The police officer was suspended without pay, and the City Council ultimately voted to settle the case, paying $1.35 million to the parents.

Damages in Wrongful Death Claims

Wrongful death claims are civil claims filed to allow family members to claim damages, or compensation, for their loved one’s loss. They differ from criminal cases. In criminal cases, the perpetrator must pay restitution to the state if he is found guilty. He may also be sentenced to jail time as punishment. The victim’s family members or estate will not receive any compensation.

In a wrongful death claim, the defendant will not face any punishment in court other than being forced to pay the family compensation.

Damages in Arizona wrongful death claims are typically divided into two categories. The first is the compensation that is paid to the estate of the deceased. These types of damages include:

  • Funeral and burial expenses
  • Medical bills related to the accident that caused the deceased’s death
  • Lost wages the deceased would have earned if he/she survived the accident
  • Pain and suffering incurred by the deceased before death

Other types of damages may be awarded to the deceased’s family members to compensate them for the untimely death. These damages typically include:

  • The loss of household services the deceased performed
  • The loss of care, companionship, and guidance
  • Pain and suffering

Due to the different types of damages, two different claims must often be filed: one by the estate, and one by the surviving family members.

Speak to a Tempe-Area Lawyer as Soon As Possible

If you have lost a loved one due to someone else’s careless or negligent actions, contact Breyer Law Offices, P.C., as soon as possible. In Tempe, Arizona, you generally have only two years from the date of your loved one’s death to file a claim. After those two years run out, your claim may be thrown out of court. There is no time to waste. Contact The Husband and Wife Law Team today at (480) 753-4534. You may be eligible for compensation, and we want to help you get it.

Additional Information

Call today for a free consultation
(602) 457-6222 (623) 455-6603 (480) 588-8508 (520) 308-6762
Attorney Representation in Phoenix Arizona Since 1996

Tempe Fatal Accident Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a lawyer for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Arizona.

© 2019 Breyer Law Offices, P.C. - All rights reserved. Serving all areas of Arizona.

The information offered by Breyer Law Offices and contained herein, regarding Arizona statutes and claimants' rights is general in scope. No attorney-client relationship with our attorneys is hereby formed nor is the personal injury information herein intended as formal legal advice. Please contact a lawyer regarding your specific inquiry.

Breyer Law Offices, P.C. Locations: East Valley Phoenix - 3840 E. Ray Road, Phoenix AZ 85044Avondale - 12725 W. Indian School Road, Suite E-101, Avondale, AZ 85323Tucson - 2 East Congress Street, Suite 900, Tucson, AZ 85701Phoenix - 15715 S. 46th Street, Phoenix, AZ 85048Mesa - 3707 E. Southern Avenue, Suite 1026, Mesa, AZ 85206Phoenix - 2942 N. 24th Street, Suite 114, Phoenix, AZ 85016

Website, SEO and Legal Internet Marketing by: SLS ConsultingSLS Consulting | Sitemap | Privacy Policy