Wrongful Death

Phoenix Wrongful Death Lawyer


The death of a loved one is devastating whenever and however it occurs. When a family member or loved one dies, there is surely going to be pain. However, when a loved one’s death comes unexpectedly due to someone else’s negligence, the loss is amplified. The shock can be disabling. It can be difficult to navigate even day-to-day events, let alone the mounting debt and crippled emotional state that comes as the loss sets in.

At Lebovitz Law Group we can help you file a wrongful death lawsuit against the person(s) or business(es) responsible for this tragic event. Even when unintentional acts have led to a loved one’s passing, there may be people and businesses to hold financially responsible for the negligence.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a claim filed by a family member (or authorized agent) against the person(s) or business(es) liable for a death. A wrongful death case is a civil claim, separate from a criminal case, where surviving family members can seek damages, in the form of compensation, for expenses and personal trauma resulting from the death. Civil cases follow a different set of laws and guidelines and are brought about by the (one or more) surviving:
  • Husband or wife
  • Child or children
  • Parent(s)
  • Adoptive parent(s)
  • Legal Guardian
  • Authorized legal representative (the estate)

It’s Not (Always) Personal

If your loved one lost their life due to the negligence of a person or business you or a family member is acquainted with, you may be placed in a very difficult position. However, you may be entitled to recover your financial and emotional losses, and doing so does not always require damaging or ruining your relationships.

Suing or making claims against someone doesn’t always mean you’re going after them personally. In many cases, your wrongful death case can be directed to a third-party such as the offender’s home or auto insurance. These situations often result in out-of-court settlements, avoiding additional conflict with your friend, neighbor, or other acquaintance.

Damages Available in a Wrongful Death Claim in Arizona

There are two major types of damages Lebovitz Law Group may pursue in a wrongful death lawsuit to hold the offending party accountable, and to seek the maximum amount of compensation you may be entitled to.

1: Damages associated with the victim’s income:
  • Loss of victim’s pension, insurance, and/or benefits
  • Lost earnings, inheritance, or other income
  • Medical, funeral, and other expenses connected with the death
2: Damages for the pain and anguish inflicted on the survivors:
  • Loss of parental guidance, presence, and nurturing care
  • The overwhelming grief, pain, and loss suffered
  • Lost spousal consortium, love, and companionship
In some cases, the wrongful death may be caused by extreme negligence in which case additional, punitive damages may also be recoverable.

Determining Wrongful Death Damages

When a tragedy occurs, it can be difficult to see beyond the present moment. Oftentimes surviving family members are caught off guard by the loss of income once the initial shock has passed. Bereaved spouses and children dependent on the lost income must, in addition to everything else, find a new source of immediate financial support. In a wrongful death case, the court will look at earnings both historical and future (had the incident not occurred), a record of financial dependency, and a list of expenses and costs associated with the incident and death.

How are Wrongful Death Damages Awarded?

As civil cases, not criminal, wrongful death cases require a lesser burden of proof on behalf of the plaintiff. Regardless of the number of individuals involved in a wrongful death suit, the court will group them together as a singular plaintiff entity.

Once the court reviews the evidence, it may decide to award compensation; compensation would then be distributed amongst the parties in an amount proportionate to their damages.

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Call the Lebovitz Law Group at 602-975-5550

Get the Answers you deserve. The legal and insurance systems are confusing and intimidating. The Lebovitz Law Group has the experience and knowledge to guide you through them, and to help you get the maximum compensation you are entitled to.

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Our No-Fee Pledge

At Lebovitz Law Group, we offer free, no obligation consultations. If we accept your retention of our firm, we will finance your case costs. We handle all communications with the insurance companies, their adjusters and lawyers. We only get paid when we obtain a favorable settlement or verdict in your case, and we stand by that promise.