Losing a loved one is one of life’s most devastating experiences, and the pain is only magnified when their death was caused by someone else’s negligence or wrongdoing. In the aftermath of such a tragedy, families are left grappling with grief, financial uncertainty, and unanswered questions. While no legal action can bring back your loved one, a wrongful death claim can hold the responsible parties accountable and help ease the financial burdens caused by your loss.
The personal injury lawyers at Torgenson Law understand how overwhelming this time can feel. Our team of Sierra Vista wrongful death lawyers is here to stand by your side, provide compassionate support, and guide you through the legal process. We are committed to helping you seek the justice and financial recovery you deserve so you can focus on healing and honoring the memory of your loved one.
A wrongful death claim arises when an individual’s death is caused by the negligent, reckless, or intentional actions of another party. These claims allow surviving family members or the personal representative of the deceased’s estate to seek compensation for the financial, emotional, and personal losses caused by their loved one’s untimely passing.
While no amount of money can replace your loved one, pursuing a wrongful death claim can help bring justice, hold the responsible parties accountable, and provide the financial security needed to move forward. That said, wrongful death claims can arise in various situations, many of which involve negligence or misconduct. Some of the most common causes include:
Fatal accidents on the road are one of the leading causes of wrongful death claims. These tragedies often occur due to preventable behaviors such as distracted driving, speeding, reckless lane changes, and impaired driving. For motorcyclists and pedestrians, the risk of fatal injuries is even higher due to the lack of physical protection. In truck accident cases, the involvement of large commercial vehicles adds unique complexities, such as violations of federal trucking regulations or poorly maintained equipment.
Workplaces, particularly those involving manual labor or heavy machinery, can present significant risks when safety is not prioritized. Fatal incidents often result from unsafe working conditions, lack of protective equipment, improper training, or failure to follow safety protocols. Employers or third parties, such as contractors or equipment manufacturers, may be held responsible for contributing to these tragic outcomes.
When healthcare providers fail to meet the accepted standard of care, the consequences can be fatal. Wrongful death claims may arise from misdiagnoses, surgical errors, anesthesia mistakes, medication errors, or failure to provide timely and appropriate treatment. Proving medical malpractice requires thorough investigation, including expert testimony to demonstrate how the provider’s negligence led to the patient’s death.
Manufacturers, distributors, and designers have a legal responsibility to ensure the safety of the products they put into the marketplace. Defective or dangerous products — such as faulty vehicle components, malfunctioning medical devices, or unsafe household items — can cause fatal injuries. These cases may involve product liability claims, requiring evidence that the product was unreasonably dangerous due to a design flaw, manufacturing defect, or failure to provide adequate warnings and instructions.
Property owners are responsible for maintaining safe conditions for visitors and occupants. Fatal accidents can occur when hazardous conditions — such as unmarked construction zones, broken staircases, exposed wiring, or slippery floors — are not properly addressed. This can include incidents on private property, public spaces, or commercial premises. In some cases, premises liability claims also involve inadequate security measures that lead to fatal assaults or other violent acts.
Wrongful death claims are often highly complex, involving multiple parties, legal standards, and detailed evidence. For example, a fatal car accident may implicate a negligent driver, a vehicle manufacturer for defective brakes, or a government entity for unsafe road conditions. Similarly, workplace fatalities might involve both the employer and third-party contractors.
At Torgenson Law, our attorneys conduct thorough investigations to uncover the root cause of your loved one’s death and identify all responsible parties. This process includes reviewing police reports, medical records, safety documentation, product testing reports, and witness statements, as well as consulting with accident reconstruction specialists, medical experts, or engineers. By building a clear and compelling case, we fight to hold the appropriate individuals or entities accountable and seek the compensation your family needs to find stability and move forward after such a tragic loss.
In Arizona, the law clearly defines who has the right to file a wrongful death claim. Only certain individuals and parties are eligible to pursue compensation for the loss of their loved one. Understanding who qualifies to file is a crucial first step in seeking justice.
The spouse of the deceased has the primary right to file a wrongful death claim. Losing a partner is devastating, both emotionally and financially. Compensation can help a surviving spouse address the loss of companionship, emotional support, and the deceased’s financial contributions to the household.
If the deceased had children, they are also eligible to file a wrongful death claim. This applies to biological children, adopted children, and, in some cases, stepchildren who were financially dependent on the deceased. Children may seek compensation for the loss of parental guidance, care, and support, which can have lasting emotional and financial consequences, especially for younger dependents.
In cases where the deceased was a minor or did not leave behind a spouse or children, the parents or legal guardians have the right to bring a wrongful death claim. The loss of a child is an unimaginable tragedy, and parents may pursue compensation for the emotional anguish and financial hardships caused by their child’s untimely passing.
If no immediate family members — that would be a spouse, children, or parents — are available to file a claim, a personal representative of the deceased’s estate may bring the case forward. The personal representative acts on behalf of the deceased’s estate and any beneficiaries. Compensation obtained through this process may be distributed according to the terms of the deceased’s will or Arizona probate laws.
The law ensures that wrongful death claims are brought forward by those who are most directly impacted by the loss. However, determining eligibility can sometimes be unclear, particularly in complex family structures or cases involving extended family members or financial dependents. For example, questions may arise when the deceased was providing for someone who is not traditionally recognized as a dependent or in blended family situations involving stepchildren or unmarried partners.
If you are unsure whether you have the right to file a wrongful death claim, it’s important to consult with an experienced attorney. At Torgenson Law, we can evaluate your situation, clarify your rights, and guide you through the proper legal steps. Our team is committed to ensuring that eligible family members or representatives have the opportunity to pursue justice for their loved one and hold the responsible parties accountable.
The death of a loved one affects families emotionally, financially, and psychologically. A wrongful death claim allows you to pursue compensation for the losses you have suffered. While no amount of money can replace your loved one, financial recovery can provide the support you need to move forward. Damages in a wrongful death case may include:
Economic damages are tangible losses that can be calculated with relative certainty. These include medical bills incurred before death, funeral and burial expenses, and the loss of the deceased’s income and financial contributions. If your loved one provided for your family, their lost earnings can be accounted for in the claim, ensuring financial stability for the future.
Non-economic damages address the more personal and emotional impact of your loss. This includes compensation for the loss of companionship, guidance, and love that your loved one provided. Additionally, damages for the emotional pain, suffering, and grief experienced by surviving family members may also be pursued.
In cases where the responsible party’s actions were especially reckless or intentional, punitive damages may be awarded. These damages are not meant to compensate the family but to punish the wrongdoer and deter similar conduct in the future.
The team at Torgenson Law works closely with you to assess the full impact of your loss and ensure that you pursue fair compensation for all damages.
Wrongful death cases are emotionally challenging and legally complex, especially when grieving families are already burdened with loss. A wrongful death lawyer’s role is to ease this burden by handling every aspect of the legal process.
First, your lawyer will conduct a thorough investigation into the cause of your loved one’s death. This may involve gathering evidence such as medical records, accident reports, witness statements, and expert testimony to establish liability. By identifying all responsible parties, your attorney ensures that justice is pursued fully and fairly.
A wrongful death lawyer will also handle all communication with insurance companies and opposing parties. Insurance companies often try to minimize payouts, offering settlements that fall far short of what families truly deserve. Your attorney will negotiate aggressively on your behalf to seek a settlement that reflects the full extent of your losses.
If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. They will present evidence, advocate for your family, and fight for a favorable outcome in front of a judge or jury. Throughout this process, your lawyer will keep you informed, answer your questions, and provide the compassionate support you need during this difficult time.
At Torgenson Law, we are committed to standing up for families who have lost loved ones due to negligence or wrongdoing. We will fight to hold the responsible parties accountable and pursue the justice your family deserves.
When pursuing a wrongful death claim, avoiding certain mistakes can help protect your case and ensure you receive fair compensation.
Arizona law imposes a statute of limitations on wrongful death claims, meaning you have a limited time to file. Failing to act promptly can result in losing your right to pursue compensation. Contacting a lawyer as soon as possible ensures that evidence is preserved and deadlines are met.
Insurance companies may offer a settlement early in the process, hoping families will accept a lower amount before fully understanding the impact of their loss. Accepting a quick offer can prevent you from receiving the compensation you truly need. Consulting with an attorney ensures any offer is fair and comprehensive.
Keeping detailed records of expenses related to your loved one’s death — such as medical bills, funeral costs, and lost income — is critical for building a strong claim. Failing to document these losses can result in reduced compensation.
Navigating a wrongful death claim without legal representation can be overwhelming. Insurance companies often use tactics to undervalue claims, and legal complexities can make it difficult to hold the responsible parties accountable. A wrongful death lawyer has the experience to advocate for your family and ensure your claim is handled properly.
If you have lost a loved one due to someone else’s negligence, Torgenson Law is here to help. We understand the emotional pain, financial strain, and uncertainty you’re facing, and we are committed to fighting for the justice your family deserves.
Our compassionate team will listen to your story, explain your legal options, and handle the entire legal process so you can focus on healing. We will pursue full and fair compensation for your loss, holding the responsible parties accountable for their actions.
Call us today at 602-726-0747 or fill out our online contact form to schedule your free consultation. There are no upfront costs, and you won’t pay us anything unless we recover compensation for you. Let Torgenson Law stand by your side and help you find a path toward justice and recovery.