Arizona Wrongful Death Lawsuit
– CALL FOR IMMEDIATE HELP (602) 825-2500 –
Listen To This Page:
At Colburn Hintze Maletta, we understand the deep impact a personal injury can have on your life and the lives of your loved ones. When facing the aftermath of an injury caused by another’s negligence or a devastating wrongful death in the family, the path forward can seem uncertain and overwhelming. Our firm is dedicated to providing compassionate legal support and robust advocacy to those seeking justice and compensation in the wake of such life-altering events.
Armed with decades of combined experience and a detailed understanding of Arizona law, our attorneys are committed to guiding our clients through every step of the legal process with professionalism and personalized attention.
According to the Centers for Disease Control and Prevention, unintentional injuries rank as the third leading cause of death in the United States, underlining the tragic frequency of potential wrongful death cases.
Free Personal Injury Case Review The team at Colburn Hintze Maletta is ready to offer you a free, no-obligation case review. Contact us at 602-883-7371 to explore your legal options and discuss the possibility of pursuing a wrongful death claim in Arizona. Together, we can take the necessary steps towards justice and recovery during this most difficult time.
When Wrongful Death Claims Apply
Wrongful death claims in Arizona can arise from a range of situations where another’s negligence or intentional act causes the death of a person.
Here are more examples to elaborate on this:
- Motor vehicle accidents: If the death was caused due to another driver’s negligence or recklessness.
- Medical malpractice: When healthcare providers fail to deliver the standard of care, leading to death.
- Workplace accidents: Fatalities due to unsafe work conditions or employer negligence.
- Product liability: Death resulting from defective or dangerous products.
- Slip and Fall Accidents: Property owners neglect their responsibility to maintain safe conditions, resulting in a fatal slip and fall.
- Animal Attacks: Deaths caused by animals, often due to the owner’s negligence in controlling or restraining the animal.
- Nursing Home Abuse: Elderly individuals pass away due to negligent care or abuse within a nursing home facility.
- Criminal Activity: Deaths that occur directly from criminal behavior, such as assault or other violent crimes.
- Aviation Accidents: Fatalities resulting from crashes or malfunctions in private, commercial, or military aircraft.
- Maritime Accidents: Deaths occurring at sea, often involving negligence on the part of the ship’s crew or owner.
- Pharmaceutical Errors: Fatal consequences arising from incorrect prescription or the administering of medication.
The key element in each scenario is negligence or a wrongful act that directly contributed to the death. Arizona Revised Statutes § 12-611 states that a wrongful death claim may be brought if the death
“is caused by wrongful act, neglect or default,” making it essential for the plaintiff to establish fault on the defendant’s part.
Establishing negligence or fault often requires a thorough investigation, including collecting evidence like police reports, medical records, and witness statements. Given the complexities, it’s advisable to take legal action and consult an experienced attorney to evaluate the potential claim.
Who Can File a Wrongful Death Lawsuit in Arizona?
Under Arizona law, specific individuals may file a wrongful death lawsuit.
- The spouse of the deceased person
- A child of the deceased person
- A parent or guardian
- The personal representative of the deceased person’s estate
According to Arizona Revised Statutes § 12-612, the claim can be brought by any of these parties individually or on behalf of all parties who are eligible to file.
A wrongful death lawsuit aims to recover damages for the survivors’ loss, such as loss of companionship, and not just the financial losses resulting from the death.
Is There a Time Limit for Wrongful Death Lawsuits in Arizona?
Timing is crucial when considering a wrongful death claim in Arizona.
Per Arizona Revised Statutes § 12-542, the statute of limitations for a wrongful death lawsuit is two years from the date of the person’s death.
Missing this deadline generally means losing the right to pursue the claim in court. However, there are exceptions, like in cases involving minors or if the cause of death wasn’t discovered immediately. Consulting with a personal injury lawyer can clarify how to proceed within these time constraints.
What Damages Are Available in an Arizona Wrongful Death Case?
Damages in wrongful death cases aim to compensate for the losses incurred by the deceased’s family and estate.
Arizona law allows for a variety of damages, including but not limited to:
- Medical costs incurred before death
- Funeral and burial expenses
- Loss of income and future earnings
- Emotional distress
It’s important to understand that Arizona has no cap on the damages that can be awarded in wrongful death cases, unlike some other states.
Did you know that according to data from the Centers for Disease Control and Prevention,
unintentional injuries are the third leading cause of death in the United States
Frequently Asked Questions
- Can a Wrongful Death Case Proceed if the Defendant is Deceased?
- Yes, a wrongful death case can typically proceed against the estate of a deceased defendant. The legal process may involve additional complexities, such as probate proceedings.
- How Do Lawyers Calculate Damages in Wrongful Death Cases?
- Damages are generally calculated based on various factors, including medical bills, funeral expenses, loss of future earnings, and emotional suffering. The approach varies case by case.
- What is the Role of Expert Witnesses in a Wrongful Death Case?
- Expert witnesses can provide specialized insights into medical issues, accident reconstruction, or financial calculations, strengthening the claim.
- Does Health Insurance Cover Medical Bills in Wrongful Death Cases?
- Health insurance may cover some medical expenses, but any payouts could be subject to subrogation, meaning the insurer may seek reimbursement from the final settlement.
- Is Emotional Distress Measurable in Monetary Terms?
- While subjective, emotional distress is often quantified in monetary terms based on legal precedents and the case’s specific circumstances.
- What Happens to a Wrongful Death Lawsuit if the Victim’s Family Moves Out of Arizona?
- Moving out of state doesn’t generally affect the lawsuit’s jurisdiction, which remains in Arizona if that’s where the wrongful death occurred.
- How Do Courts Handle Multiple Wrongful Death Claims for the Same Incident?
- Courts may consolidate multiple claims into a single case or manage them separately, depending on the details and parties involved.
- How Are Minors Represented in Wrongful Death Cases?
- Minors are usually represented by a guardian ad litem or a parent who acts on their behalf in legal proceedings.
- Is Mediation an Option in Wrongful Death Cases?
- Yes, mediation can effectively resolve disputes without going to trial, but it’s voluntary and both parties must agree to participate.
- What are the Tax Implications of a Wrongful Death Settlement?
- While generally not taxable, certain components of a wrongful death settlement, like punitive damages, may be subject to tax.
Free Personal Injury Case Review
At Colburn Hintze Maletta, we understand that no amount of money can compensate for losing a loved one. However, seeking legal redress can provide some form of closure and financial support during this challenging time. We offer a free consultation where we review your case to help you understand your options and determine the best course of action when filing a wrongful death claim.
Please feel free to contact us at 602-825-2500, for a comprehensive, no-obligation consultation. We can explore your legal options and discuss how best to proceed with your wrongful death claim in Arizona.
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
Real Client Reviews
Below are just a few of what our clients have to say!
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“This was the best possible outcome, great price, and fast.”
Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
David R. - Google Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!