Car Accidents and Wrongful Death Claims

When a family member is killed by a negligent or careless driver, the surviving family members may be able to pursue a wrongful death action to recover compensation for their losses. While no amount of money can ever turn back the clock and stop the accident from happening, a wrongful death award can help to lift the financial burden that is so often created when a loved one is killed in a car accident.

The Phoenix wrongful death lawyers at Hirsch & Lyon Accident Law are committed to helping victims recover the compensation they deserve when a spouse, child, parent or other close family member is killed due to the negligent actions of a driver. In our legal practice, we regularly advise and represent families who are struggling with the aftermath of tragic car accidents, such as:

  • Rollover accidents where the victim was ejected from a vehicle and killed
  • Intersection or T-bone accidents where a driver smashed into the side of another vehicle, killing the driver or passengers inside the other vehicle
  • Pedestrians struck and killed by an automobile as they crossed the street at an intersection (cases involving jaywalking may still result in recovery with a thorough investigation)

Pursuing a Wrongful Death Claim in Arizona

In the state of Arizona, when an individual’s death is caused by a “wrongful act, neglect or default,” certain surviving family members may bring a wrongful death lawsuit if the decedent would have had the right to pursue a personal injury action had he or she survived. Section 12-612 of the Arizona Revised Statutes provides that the following parties are entitled to pursue a wrongful death claim:

  • The spouse of the decedent
  • The child of the decedent
  • The parent or guardian of the decedent
  • The personal representative of the decedent on behalf of the parties listed above
  • The personal representative of the decedent’s estate if none of the parties named above survive

When an individual is killed in a car accident and a wrongful death suit is filed, a number of different types of damages may be awarded in the case, including:

  • Loss of income
  • Medical expenses
  • Funeral and burial expenses
  • Loss of companionship, love and affection
  • Losses associated with the services the decedent would have provided at the home

In most wrongful death actions, the consumer automobile policy is not adequate to fully compensate the surviving family members for their losses. When you work with an experienced wrongful death lawyer at our firm, we will carefully explore additional available sources of compensation. For example, if a drunk driver caused your family member’s death, our legal team will investigate to determine whether the restaurant, bar or other establishment that served the driver can be held responsible under a Dram Shop liability claim.

In other situations, the presence of defective tires or a faulty roadway design may result in additional compensation for our clients. Additionally, if the driver was on the job when the car accident happened, we may be able to pursue financial recovery under the employer’s liability policy. In every case we take on, our objective is to help our clients receive full financial compensation for their losses. This means that our legal team will aggressively investigate to determine whether any umbrella policies can provide additional compensation beyond the driver’s own limited liability policy.

Speak with our Kingman Wrongful Death Lawyers

When a family member is killed in a car accident by a reckless or negligent motorist, a wrongful death attorney can help you determine whether a legal action may be appropriate. Hirsch & Lyon Accident Law offers free legal consultations to spouses, children and other family members dealing with the aftermath of tragic accidents. Call our offices today at 928-716-1331 to schedule your appointment.