Phoenix Wrongful Death Attorney

Wrongful Death FAQ

How long do I have to file a wrongful death lawsuit in Arizona?

In Arizona, the statute of limitations for wrongful death claims is two years from the date of death. If you don’t file within this timeframe, you may lose the right to seek compensation. It’s essential to act quickly, so you don’t miss this critical deadline.

Can I file a wrongful death claim if the person responsible was not charged with a crime?

Yes. A wrongful death lawsuit is a civil matter, separate from any criminal charges. Even if the responsible party is not criminally charged, you still have the right to pursue compensation through a wrongful death claim.

What if the person who caused the death didn’t intend to harm my loved one?

Intent does not need to be proven in a wrongful death case. If the responsible party’s actions were negligent or reckless (such as distracted driving, medical errors, or defective products), you can still file a lawsuit.

What if my loved one didn’t have a will?

If your loved one didn’t have a will, their estate would typically go through the probate process. The personal representative of the estate can still file a wrongful death claim on behalf of the surviving family members.

How Will a Wrongful Death Lawyer in Phoenix Help?

Wrongful death cases can be incredibly challenging for family members to try to handle on their own. Often, families and personal representatives of the deceased’s estate are left going up against aggressive insurance carriers and at-fault parties. However, a Phoenix wrongful death lawyer can:

• Conduct a full investigation into the cause of death. This will include gathering statements from eyewitnesses, photo and video surveillance, accident reports, and any safety data pertaining to companies or entities involved.
• Work with trusted economic and financial experts in an effort to properly calculate the total losses and damages the family and estate are expected to incur.
• Negotiate with every party involved in an attempt to reach a fair settlement for grieving family members while also preparing to take the case to trial, if necessary.

Who can File a Wrongful Death Claim in Phoenix?

When we turn to Arizona law (A.R.S. Section 12-611), we can see that the following people may file wrongful death claims in Arizona civil court:

• A surviving spouse of the deceased
• The surviving children of the deceased
• A surviving parent or guardian of the deceased
• A personal representative of the deceased person’s estate
• The personal representative of a deceased spouse, child, parent, or guardian

Time Limit to File a Phoenix Wrongful Death Claim

Family members who wish to file a wrongful death claim in Arizona must do so within two years from the date of the deceased’s death. If the family or the estate fails to file their claim within the time limits set forth by the Arizona wrongful death statute of limitations, they will likely lose the ability to recover any compensation they may be entitled to.

If you have lost a loved one due to the careless, negligent, or intentional actions of another individual or entity in the Phoenix area, contact Yen Pilch Robaina & Kresin PLC for help with your case today. Our compassionate team has extensive experience handling these cases, and we are ready to help you and your family through this. Our goal is to help ensure that you receive the closure and compensation you are entitled to. 

Types of Damages in a Wrongful Death Case

While nothing can bring your loved one back, a wrongful death lawsuit can provide compensation for the financial and emotional losses your family has suffered. In Arizona, the following types of damages may be available:

Economic Damages

• Funeral and burial expenses: The cost of funeral arrangements, burial, or cremation.
• Medical expenses: If your loved one received medical treatment before passing away, you may be able to recover those costs.
• Loss of financial support: Compensation for the loss of income your loved one would have contributed to your household.
• Loss of benefits: This includes the loss of pension, insurance, and retirement benefits.

Non-Economic Damages

• Pain and suffering: The emotional toll on family members, including grief and anguish caused by the death.
• Loss of companionship: Compensation for the loss of love, affection, and companionship from the deceased.
• Loss of guidance or care: If your loved one played an important role in the lives of children or other family members, you may seek damages for the loss of guidance, care, and nurturing.

Punitive Damages

In cases where the defendant’s conduct was grossly negligent, malicious, or reckless, Arizona law allows for punitive damages. These damages are meant to punish the defendant and deter similar actions in the future.

How Our Phoenix Wrongful Death Attorneys Can Help

At Yen Pilch Robaina & Kresin, we are dedicated to helping families who have suffered the wrongful death of a loved one. We understand the challenges you’re facing and offer personalized, compassionate legal services to ease the burden.

What We Do for You

• Investigate the circumstances of the death: We will conduct a thorough investigation into the cause of the death, gathering evidence, speaking with witnesses, and working with experts if necessary.
• Handle all communications and negotiations: We take care of all communications with insurance companies, defense attorneys, and other parties involved, so you can focus on grieving and healing.
• Fight for maximum compensation: We’ll fight tirelessly to recover the full amount of compensation you deserve, whether through settlement or trial.
• Offer personal attention and care: We understand the emotional toll a wrongful death case can have, and we are here to offer the support you need during this difficult time.

Our Phoenix wrongful death attorney's goal is to make the legal process as smooth as possible while securing justice and fair compensation for your loss.

Call a Phoenix Wrongful Death Lawyer Today

When you need a Phoenix wrongful death attorney, you can contact us for a free consultation of your case by clicking here or (602) 833-0220.

Turn A Wrongful Death Attorney Yen Pilch Robaina & Kresin PLC

• The attorneys at Yen Pilch Robaina & Kresin PLC focus on providing compassionate and individualized care for those who have experienced a tragic loss.
• Our Phoenix personal injury lawyers have a track record of success investigating wrongful death cases throughout Arizona, and we have the resources necessary to take these cases to trial, if necessary.
• We take Phoenix’s wrongful death cases on a contingency fee basis, which means that families will not pay any legal fees until after we obtain the compensation they are entitled to.

Wrongful Death faqS

How long do I have to file a wrongful death lawsuit in Arizona?

In Arizona, the statute of limitations for wrongful death claims is two years from the date of death. If you don’t file within this timeframe, you may lose the right to seek compensation. It’s essential to act quickly, so you don’t miss this critical deadline.

Can I file a wrongful death claim if the person responsible was not charged with a crime?

Yes. A wrongful death lawsuit is a civil matter, separate from any criminal charges. Even if the responsible party is not criminally charged, you still have the right to pursue compensation through a wrongful death claim.

What if the person who caused the death didn’t intend to harm my loved one?

Intent does not need to be proven in a wrongful death case. If the responsible party’s actions were negligent or reckless (such as distracted driving, medical errors, or defective products), you can still file a lawsuit.

What if my loved one didn’t have a will?

If your loved one didn’t have a will, their estate would typically go through the probate process. The personal representative of the estate can still file a wrongful death claim on behalf of the surviving family members.

How Will a Wrongful Death Lawyer in Phoenix Help?

Wrongful death cases can be incredibly challenging for family members to try to handle on their own. Often, families and personal representatives of the deceased’s estate are left going up against aggressive insurance carriers and at-fault parties. However, a Phoenix wrongful death lawyer can:

• Conduct a full investigation into the cause of death. This will include gathering statements from eyewitnesses, photo and video surveillance, accident reports, and any safety data pertaining to companies or entities involved.
• Work with trusted economic and financial experts in an effort to properly calculate the total losses and damages the family and estate are expected to incur.
• Negotiate with every party involved in an attempt to reach a fair settlement for grieving family members while also preparing to take the case to trial, if necessary.