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Chandler Wrongful Death Attorney

Losing someone close to you can cause unimaginable pain and grief. It can be especially difficult to cope with a death if it was caused by someone else’s careless or wrongful actions, such as a drunk driver or criminal. Nothing will ever replace the life of a beloved family member. Filing a wrongful death lawsuit with an experienced Chandler wrongful death attorney by your side, however, can bring your family justice and financial compensation that can help you move forward. At Stone Rose Law, our team can help you with every step of the legal process.

Why Trust Stone Rose Law With Your Chandler Wrongful Death Claim?

  • We are a prominent law firm in Chandler, AZ with years of positive case results. We have what it takes to obtain the results that your family deserve.
  • Our wrongful death lawyers will be there for you and your family the entire time during your wrongful death lawsuit. We care about your family and making sure that you have everything you need.
  • We offer high-quality legal representation during Chandler wrongful death cases at rates you can afford. We operate on a contingency fee basis, meaning you will only pay if we win.

Chandler Wrongful Death Lawyer

How Can a Chandler Wrongful Death Lawyer Help?

Your family has been through enough – you should not also have to deal with the wrongful death claims process on your own. Hiring the right Chandler wrongful death attorney to represent you can allow you and your family to focus on what matters most while a trained professional does the rest. A Chandler personal injury lawyer experienced handling in wrongful death claims can aid you in ways such as: 

  • Investigating the fatal incident and collecting evidence of fault or liability, such as eyewitness statements or video surveillance footage.
  • Gathering proof of the family’s losses, such as medical expenses, funeral and burial costs, loss of earnings, and pain and suffering.
  • Negotiating for the accurate value of your claim when going up against insurance companies or other defendants.

An attorney can take your wrongful death case to trial, if necessary, to obtain maximum compensation. Most importantly, a lawyer will provide support for you and your family after a tragic loss.

What Is Wrongful Death?

According to Arizona Revised Statutes Section 12-611, a wrongful death is a death caused by someone else’s legal fault. Legal fault can be based on negligence, which is the careless failure to act in a reasonable way, medical malpractice or an intentional tort (wrongdoing). A wrongful death claim is a lawsuit brought on behalf of surviving family members or beneficiaries against the person or party allegedly at fault for the preventable death. A wrongful death lawsuit may arise after a fatal car accident, workplace incident, assault, slip and fall accident, dog attack, or another type of tragedy.

Survival Actions

In addition to filing a wrongful death claim for financial compensation for the family’s losses and expenses, a plaintiff in Arizona may also be able to file a survival action in pursuit of compensation for the deceased individual’s losses. This type of suit is known as a survival action because it is a legal claim that survives the victim who suffered the injury. In general, a personal representative will file a survival action at the same time as a wrongful death lawsuit for the decedent’s pain and suffering, mental anguish, lost wages, property damage, and other losses.

Proving a Wrongful Death Claim in Arizona

Wrongful death law makes it the filing party’s burden to prove the claim that he or she is making. The burden of proof in civil law is a preponderance of the evidence, or enough evidence to prove that the claim is more likely to be true than untrue. To achieve a positive case outcome, you or your Chandler wrongful death lawyer will need to present clear and convincing evidence that the defendant is at fault for the fatal injury. 

The most common principle used to prove a wrongful death lawsuit is negligence. Negligence consists of three main elements of proof:

  1. Duty of care. A duty of care is a legal responsibility to avoid doing something that would reasonably or foreseeably harm another person.
  2. Breach of the duty of care. A breach of duty is any action or failure to act that falls short of the expectation of reasonable care.
  3. Causation for the fatal injury. Causation means a provable link between the defendant’s mistake or wrongdoing and the victim’s fatal injury.

To prove a wrongful death claim in Arizona, it is not necessary to show that the defendant intended to kill the victim. A civil wrongful death lawsuit differs from a criminal case against a defendant for murder or homicide in this way. It is possible for a defendant to be liable for wrongful death even if he or she is found not guilty for a related crime.

Who Can File a Wrongful Death Lawsuit in Arizona?

In Arizona, only certain people have the right to file wrongful death claims. By state law, this right is given to a deceased individual’s surviving spouse, surviving child, surviving parent or guardian, or the personal representative. A personal representative, also called an administrator or executor, may be named in the decedent’s will or appointed by the courts. If the victim was a child under the age of 18, the child’s parents or legal guardian may file.

Arizona Wrongful Death Statute of Limitations

Arizona has a law known as a statute of limitations that places a deadline on the ability to bring a wrongful death cause of action. If you fail to file by the deadline, you will most likely forfeit the right to seek financial compensation for your loved one’s death. This is why it is important to contact a Chandler wrongful death attorney as soon as possible. The statute of limitations on a wrongful death lawsuit in Arizona is two years from the date of the individual’s death, with only some exceptions.

Wrongful Death Attorney Chandler

How Much Is a Wrongful Death Lawsuit Worth?

At Stone Rose Law, we realize that no amount of money will ever make up for a death. However, we also recognize the financial needs of the average family and the financial duress that can arise after an unexpected loss. We can review your case to estimate how much it might be worth based on the type and extent of your family’s losses, including outstanding medical bills, funeral costs, lost earnings and employment benefits, the loss of your loved one’s care and household services, and more. Then, our wrongful death attorneys in Chandler will use aggressive legal tactics to negotiate for the best possible case outcome on your behalf.

Contact a Wrongful Death Attorney in Chandler, AZ Today

Your family deserves answers, justice and closure after the wrongful death of a loved one. Please contact the Chandler wrongful death lawyers of Stone Rose Law to request a free consultation about a potential case. We will use our full resources to hold someone accountable for this tragedy. Call (480) 498-8998 or contact us online today to speak to an attorney.