Phoenix Wrongful Death Attorneys
Representing Arizona Clients with Compassion & Commitment in Wrongful Death Cases
The death of a loved one is one of the most traumatic experiences anyone can endure, regardless of the cause. When their death results from someone else's wrongdoing or negligence, it can feel as though the entire world is working against what you cherish. While a lawsuit cannot bring them back, you may be able to file a claim to secure compensation for the hardships and expenses resulting from their loss.
At MayesTelles PLLC, our Phoenix wrongful death attorneys are dedicated to providing the experienced and dedicated legal assistance you need in this challenging time. With nearly 200 years of collective legal experience, our lawyers can handle any negligence or wrongful death case. They will work with you to create a plan to help you navigate the complicated legal waters you face. Contact us today to speak with one of our attorneys.
Call MayesTelles PLLC today at (602) 428-7104 or contact us online to schedule a meeting with our wrongful death attorney in Phoenix!
Common Causes of Wrongful Death
Wrongful death can arise from many accidents and incidents caused by negligence or reckless behavior. Some of the most frequent causes include:
- Motor Vehicle Accidents: Fatalities caused by reckless driving, distracted driving, or impaired driving often lead to wrongful death claims. These cases require careful review of traffic laws and often involve complex insurance negotiations.
- Medical Negligence: If a healthcare provider fails to deliver the standard level of care, fatal outcomes from misdiagnoses, surgical errors, or improper treatment may occur. Our legal team employs medical experts to meticulously analyze the circumstances surrounding each case.
- Workplace Injuries: Inadequate safety measures or failure to follow protocols can result in fatal accidents, particularly in high-risk industries like construction. We work diligently to uncover whether proper safety standards were violated.
- Defective Products: Dangerous or malfunctioning products, from vehicles to consumer goods, can cause fatal injuries due to design flaws or manufacturing defects. Our approach includes detailed product analyses and expert consultations to support our clients' claims.
- Property Accidents: Property owners may be held accountable when hazardous conditions, such as unsafe walkways or swimming pool drownings, cause fatal accidents on their premises. We review property maintenance records and safety compliance standards to build strong cases.
Understanding the cause of your loved one's wrongful death is essential in determining the liable party. Our attorneys at MayesTelles PLLC can conduct a thorough investigation to help you seek justice.
Who Can File a Wrongful Death Claim?
A.R.S. § 12-612 lists those survivors of a decedent eligible to bring a claim for wrongful death, including:
- The spouse of the deceased
- Any children of the deceased, whether biological or adopted
- Any parents or guardians of the deceased
- The legal representative of a deceased child, spouse, parent, or guardian of the deceased
- The legal representative of the estate of the deceased
Under A.R.S. § 12-612, the following people are ineligible to file a wrongful death claim:
- Extended family members
- Siblings
- Common law spouses
- Same-sex partners
What Types of Damages Can I Pursue in a Wrongful Death Claim?
In Arizona, wrongful death claims allow survivors to seek two main categories of damages: those impacting the deceased's estate and those directly affecting surviving family members.
Damages to the Deceased's Estate: These damages address the financial losses directly related to the deceased and include:
- Compensation for the deceased's pain and suffering before passing
- Expenses incurred for repairing or replacing any property damaged due to the incident leading to the death
- Income and benefits the deceased would have likely received if they had survived
- Expenses for medical care and treatment associated with the injury or illness that contributed to the death
- Funeral and burial expenses
Damages for Surviving Family Members: These damages compensate the family for emotional and practical losses, including:
- The emotional distress and grief caused by losing a loved one
- The loss of companionship, guidance, and emotional support
- The value of services and support the deceased previously provided to the household, which are now no longer available
What is the Statute of Limitations for a Wrongful Death Claim in Arizona?
In Arizona, the law sets a strict deadline for filing a wrongful death lawsuit. Families or representatives of the deceased have two years from the date of death to file a claim. If this time window is missed, the right to pursue compensation may be permanently forfeited.
Beginning the legal process early with a wrongful death attorney in Phoenix is crucial to preserve evidence and build a strong case. Contacting an attorney promptly ensures your claim is filed within the legal time frame, giving you the best chance to pursue justice for your loved one.
Frequently Asked Questions
Can a Wrongful Death Case Be Settled Out of Court?
Yes, many wrongful death cases are resolved through out-of-court settlements. This approach can offer a faster resolution and reduce legal costs. However, accepting a settlement should be carefully considered, as it may not always reflect the full extent of damages experienced. Our legal team is highly skilled in negotiation tactics, ensuring the compensation offered aligns with the value of your claim and advising whether trial might yield better results.
What Documents Are Important in Filing a Wrongful Death Lawsuit?
When filing a wrongful death lawsuit, several documents are critical to building a robust case. These include the death certificate, autopsy reports, medical records, witness statements, and evidence of financial dependency like tax returns or income statements. Our attorneys at MayesTelles PLLC assist in collecting and organizing all necessary documentation, guiding you through the process to ensure nothing crucial is overlooked.
Can Punitive Damages Be Awarded in Arizona Wrongful Death Cases?
Yes, punitive damages may be awarded in Arizona if the defendant's actions were particularly egregious or exhibited willful misconduct. These damages serve as both a punishment and a deterrent to similar future conduct. However, punitive damages are not guaranteed and require strong evidence to support the claim. Our lawyers explore all possible avenues, including punitive damages where applicable, to hold responsible parties fully accountable for their actions.
Contact Our Phoenix Wrongful Death Attorney Today
While timeliness is essential, it’s equally, if not more important, to take the time to find the legal representation that will give you the best chance to secure the maximum compensation possible. At MayesTelles PLLC, our Phoenix wrongful death lawyers have over half a century of combined legal experience. They are ready to put our knowledge and experience to good use, assisting you in your time of need.
Contact MayesTelles PLLC today to schedule a meeting with our Phoenix wrongful death lawyer!
We've Won Thousands of Cases
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Charges Reduced to Reckless Driving
Client R.C. was stopped by Mesa Police for a civil traffic violation and later charged with DUI, Extreme DUI, and Super Extreme DUI in a justice court. During the course of their representation, MayesTelles attorneys discovered important inconsistencies in the police reports. When we presented these issues to the State, the prosecutor’s office agreed to drop all DUI charges.
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Fatal Commercial Vehicle Accident
MayesTelles Client A.F. and her husband tragically lost their unborn child as a result of the negligence of an individual operating a commercial vehicle in Yuma, Arizona. After substantial investigation including accident reconstruction and filing a lawsuit, the insurance company paid out the policy limits of $1,000,000.00.
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4 Counts of Aggravated DUI Dismissed
Client M.W. was charged with 4 counts of Aggravated DUI in the Maricopa County Superior Court in July 2016 for allegedly riding a motorized bicycle under the influence. The attorneys at MayesTelles demanded that the State include certain materials in their presentation to the grand jury, resulting in the grand jury refusing to indict and the case being dismissed.
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Client Charged with DUI
Client, GS, charged with DUI - sentence was reduced to reckless driving.
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Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
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Client Charged with DUI
Our client, A.R, was charged with 1 count of DUI and 1 count of Failure to Control Speed to Avoid a Collision. During extensive pre-trial investigation, it was discovered that the police made many errors in how they handled the case. We were able to get the client's charges reduced to reckless driving. Location: Glendale City Court
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Client Charged with Four Felony Counts
Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court
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Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
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Client Charged with Shoplifting
Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court
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Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
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Client Charged with Disorderly Conduct
Our client, K.F., was charged with Disorderly Conduct, a class 1 misdemeanor. We were able to get this client's case dismissed. Location: Tempe Municipal Court
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Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
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Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
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Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
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Multiple Felony Theft Offenses
Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court
Why Choose MayesTelles PLLC?
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Nearly 200 Years of Combined Experience
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Thousands of Cases Successfully Handled
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Voted Top 100 Trial Lawyers
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Available to Our Clients 24/7
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Former Prosecutors & Law Enforcement
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AV Preeminent Rated Attorneys