Wrongful Death Lawyer Phoenix, AZ
How do you prove fault in a wrongful death case?
A Wrongful Death Lawyer in Phoenix, AZ at Kamper Estrada, LLP can empathize with the pure devastation and anguish that family members may face after their loved one passes away. The grieving process may intensify greatly when they find out that the death was caused because of another person’s wrongdoing or carelessness. Surviving family members may have the right to pursue damages from the party responsible. If you are one of those surviving family members, then we encourage you to meet with a member of our legal team right away for support.
Why Wrongful Deaths Happen
In legal terms, a wrongful death occurs when a person has died as a result of another’s misconduct or negligence. Dependents or beneficiaries of the person who passed may be eligible to collect financial damages. While every state across America has passed their own wrongful death statutes, there may be slight differences. That is why it is important to meet with a member of our legal team before taking action, so you understand the laws based on where you live.
Here are just a few of the most common incidents of wrongful death that our team has likely seen in the past:
- Car Accidents: the driver who caused the accident and death, owed a duty to others on the road to drive safely, and had broken that obligation.
- Medical Malpractice: hospital workers like doctors, nurses, and surgeons did not offer a standard level of care, which led to a patient’s death.
- Anesthesia/Surgery: a doctor or other medical personnel had not practiced diligence when reviewed a patient’s medical record and had failed to identify a potential complication while under surgery, or did not regular anesthesia in the correct manner which led to death.
- Workplace Accidents: an employee passed away either due to a workplace accident or from succumbing to injuries.
Pursuing Compensation for Wrongful Death
When a family member is pursuing damages for their loved one’s wrongful death, there are factors of the incident that must be true in order to have a chance at winning the case. An AZ Wrongful Death Lawyer in Phoenix may talk with you in further detail about the four vital elements of wrongful death cases:
- Negligence: must prove that the family member’s death was at least partially due to the negligence, recklessness, or thoughtlessness of another party.
- Breach of Duty: showing that the at-fault person had an obligation to the family member who passed away, and had breached this duty of care.
- Causation: must show evidence as to how the at-fault party breached his/her duty of care to the deceased person and how this led to the death.
- Damages: compensation for the surviving family to pay for funeral expenses, medical bills, loss of companionship, loss of earnings, along with financial restitution if the family member suffered prior to death.
How do you prove fault in a wrongful death case?
If your loved one was killed because of someone else’s carelessness, you may want to consult with a member of our team from Kamper Estrada, LLP. If a person’s death is caused by another person’s negligence, the deceased person’s family has a right to file a wrongful death claim. Whether a person died during a car accident or on an operating table, a wrongful death claim can help the surviving family members recover their financial losses.
However, in order to win your lawsuit, your AZ wrongful death lawyer must be able to prove fault in your case. This means you have to prove that the defendant owed the victim a duty of care, breached that duty and that the breach of duty was the direct cause of death.
Duty
A person can only be labeled negligent if he or she owed the deceased person a duty of care. Owing someone a duty of care means avoiding doing something that may cause him or her physical harm. For example, drivers owe all people on the road a basic duty of care to drive responsibly and follow the rules of the road.
Breach of Duty
The next thing we must do is prove that the defendant breached the duty of care. In a car accident case, a lawyer might show that the driver was speeding or talking on the phone while behind the wheel, and that this negligence was a breach of the driver’s duty of care. These actions are considered careless because they may pose a danger to other people on the road.
Cause
To win a wrongful death case, it also has to be proven that the defendant’s breach of duty was the direct cause of the victim’s death. For a car accident, it must be proven that the defendant did actually crash into the victim’s vehicle and that this crash directly caused the victim’s fatal injuries. If the victim’s injuries were not a result of the crash, this case might not be viable in court.
Proving fault in a wrongful death isn’t easy, so it may be in your family’s best interest to hire a Wrongful Death Lawyer from Arizona as soon as possible. We can begin building your case immediately so that you are one step closer to obtaining the compensation you deserve. During your initial consultation, it is important to bring any evidence you have with you, such as your family member’s medical records and witness statements.
Many wrongful death lawyers work on a contingency basis, so you do not have to worry about owing money upfront. After your case is over, your lawyer would take a percentage of your winnings. If you happen to lose your case, you won’t owe your lawyer any money.
Many Fatal Car Accidents Involve Unlicensed Drivers
An alarming report revealed that one out of every five fatal vehicle accidents that occur in this country involves an unlicensed driver. The research for the report was conducted by researchers from Texas A&M University and released by issued by the AAA Foundation for Traffic Safety. Researchers used data that was provided by the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).
The data found that each year, 8,400 victims die in car crashes that involve a driver who did not have a valid license. Almost 30 percent of the unlicensed drivers had received three or more license suspensions or revocations within the prior three years leading up to the fatal crash. One researcher described the system as a being like a revolving door with drivers having their driving privileges taken away again and again, yet still continue to drive. Many of the lawsuits we have filed include a driver who did not have a valid license.
The study took place over a five-year span, examining almost 184,000 fatal accidents, involving approximately 280,000 drivers. Just under 40,000 of the drivers – about 15 percent – didn’t have a valid license at the time of the crash. Licenses had either been canceled, denied, expired, suspended, or revoked. There were even drivers who had no record of ever having a valid driver’s license.
There were certain factors that the unlicensed drivers appeared to have in common, including:
- Most of the drivers were male.
- Thirty-three percent of the drivers were 19 years old or younger.
- Fatal accidents which involved unlicensed drivers were more frequent in the late night or early morning hours.
- In fatal crashes involving a hit and run driver, the fleeing driver was five times more likely to not have a valid license than to have a valid license.
- rivers who were operating on suspended licenses were three times more likely to be driving under the influence when the crash happened.
- Drivers who had revoked licenses at the time of the crash were four times more likely to be driving under the influence when the crash happened.
Arizona made the list for areas with the most number of fatal unlicensed fatal car accidents. A Phoenix Wrongful Death Lawyer in AZ can attest to that statistic, given the number of families who come to us after losing their loved ones in car crashes. Other states on the top of the list were New Mexico, Washington D.C., California, and Hawaii.
One of the reasons cited by law enforcement for the high number of drivers who operate without valid licenses is because of the slap on the wrist drivers receive if they are caught. Most states only charge a fine for anyone who is caught operating without a valid license. In most cases, the driver’s vehicles are not even impounded.
Contact Kamper Estrada, LLP for Help
If you have lost a loved one in a crash caused by another driver – licensed or not – contact us to find out what legal recourse your family may have. Our law firm understands that no amount of money will ever make up for the loss of your loved one, but we also understand that the emotional and financial toll can be overwhelming. Do not hesitate to contact us for a free consultation. We understand that you may be feeling so devastated that you cannot imagine putting energy towards a lawsuit. We can do the paperwork aspect for you, so you can continue your grieving process.
Call Kamper Estrada, LLP to set up a free and confidential consultation with an Arizona Wrongful Death Lawyer, and find out how we can help your family get the financial compensation your family deserves.
Testimonials
Mary K.
Corrina W.
Elizabeth and Tim Kamper were amazing to work with! They took care of our needs in a timely and efficient manner with zero pressure. We highly recommend Kamper Estrada.
Rameel I.
Kamper Estrada has taken care of my family and I multiple times now and each time we have been treated like family! They explain the process and I never felt rushed throughout everything. I appreciate all the hard work they put in and recommend them in anyone in the Valley!
Neil D.
Attorney Estrada was wonderful to work with. He answered all of my questions thoughtfully and explained the details of my trust in a language easily understood. I have already recommended his law firm and will continue to do so.
Sarah C.
I had a very serious car accident in 2013 in another state. And he had to work with 3 different insurances and out of state accident laws. I worked with Mr. Timothy Kamper who was referred to me by my supervisor at the time. And he was absolutely a miracle worker! He actually found a hidden policy and was HONEST with me about it and all of the money went to me and he did not take any fees out for himself. They are a family business and once you walk in you feel like part of the family! I have referred a few people to their law firm and they got them more money than was expected. I cannot recommend this law firm enough!
Jason M.
I was in an accident over a year ago which resulted in my car being totaled and needed medical care, including an overnight stay in the hospital and about six months of physical therapy. The driver at fault had only the minimal coverage for insurance, which wouldn’t even pay half of the outstanding liens from the hospital and my medical insurance. Elizabeth Kamper explained the process to me and was always willing to answer any questions throughout the lengthy process. In the end, I was able to pay of all the liens and have more than enough to recoup other medical expenses. Kamper and Estrada’s entire staff was extremely helpful and easy to work with.
Lona H.
My husband and I went to Kamper Estrada to do our estate planning. We worked with attorney Estrada and could not be happier with our service. We really had no idea what we needed or how the process worked. Mr. Estrada helped us choose a path that was right for us and walked us through every step. Mr. Estrada and his team made the process so easy for us, it was a great experience. We highly recommend Kamper Estrada, LLP. Everyone we dealt with, from the first phone call to the end of the entire process, was warm, caring, and genuinely cared that our needs were being met
Glenda K.
Thank you Elizabeth for always making me feel that you cared and I wasn’t just a client.
Adam S.
Elizabeth did a wonderful job working with the insurance company after my family was involved in a car accident. She negotiated an amount that we could all agree on and even though we had several injuries we felt like Elizabeth got us a fair amount for the damages. Thank you Kamper Estrada!
Pamela M.
Joanna P.
I was completely thrilled with the service I got from Elizabeth! She is incredibly smart and took me through the whole process step by step. It’s not the most simple or comfortable process to go through but Elizabeth made it comfortable and I was done in no time. I have referred 4 people to her and all of them feel the same way. She’s awesome. You will not regret hiring her!
Anna S.
Everyone who retains Elizabeth as their attorney will be very pleased with her work performance and the time she take to help. She is very know legible, professional, caring and very kind person. I highly recommend Elizabeth for anyone who is going through ruff times and feels like the bankruptcy is the only option. After talking with Elizabeth everyone will feel comfortable with having the peace of mind that whatever decision they make it will be based on full knowledge, understanding of the process and knowing that they are not alone and things will get better. I highly recommend Elizabeth and her partners. This is a great law firm.
Shawna N.
As victims of identity theft and after losing over $2,000 to another legal firm that did nothing to help us with ongoing threats of garnishments from credit card companies, we were on the verge of losing everything. I’d been trying and trying to locate someone who could help us with a bankruptcy because it was finally our only alternative. THANK GOD we found Elizabeth. From Day 1, she stopped garnishment actions and immediately got our case going. It was 5 years of feeling additionally crushed with the ‘stigma’ of bankruptcy and Elizabeth often held our hands with the emotional and financial upheavals. She not only knows her stuff (I’d hate to go up against her in a courtroom), but she is always there, always kept us informed, and guided us through those years with skill, support, and her knowing the ropes with navigating the sometimes craziness of dealing with a Chapter 13. Elizabeth and her firm are the ONLY attorneys I recommend after losing money to a supposed lawyer prior. She truly saved the day – and our sanity.
Maya L.
Elizabeth is knowledgeable, friendly and caring. She continues to assist us even though our case is closed with helping to tie up some loose ends.
Mark S.
Carlene and Elizabeth are excellent attorneys who care about their clients.
Tracy M.
Elizabeth saved us! She graciously took on our case that another attorney had completely messed up. We would highly recommend her firm!
Tom M.
My wife and I personally met with Giancarlo to get in order our affairs. The process was simple, and we truly felt that Giancarlo had our best interests in mind. Having this done is definitely a weight off my shoulders.
Mat B.
I’m currently in the process of working with Giancarlo for my estate planning needs and he has been extremely helpful in the process. I am assured that this process will be painless and Giancarlo has assured me if anything ever needs to change it’s not a big deal at all. I was recently able to refer a good friend whom was unfortunately in an accident to Beth, and I know she was very happy with the interaction throughout the whole case. A big shout out to Kamper, Estrada & Simmons! Do not hesitate to call them with any Personal Injury, Estate Planning or Bankruptcy needs!
Lisa D.
We were in a difficult situation and very personal situation when I met Carlene. I was comfortable sharing private details and she honored that privacy. She was easy to work with, straight forward and took care of every detail professionally. I highly recommend her to anyone in need.
Christine Gale.
Kamper and Simmons are a a great asset to the state of Arizona and to the families that live there. You won’t find a more dedicated and compassionate law firm anywhere. They are REAL PEOPLE!! they speak to you in a caring way that just makes one feel that they made the right choices. Please don’t change anything you do and keep up the GREAT WORK!
Vam.
Carlene has exceeded in meeting all my needs and lifting my spirit during this long procedure when I felt helpless and stupid. God bless you, Carlene.
Bobby.
In my panic. She Looked at my case and provided me with all my options. Kept in touch whenever I had a question. Personal and professional. Very happy to have been recommended to her and would definitely recommend her to anyone. I already have. Thanks Ms. Simmons.
Christine.
Carlene has always been dedicated to those she serves.. She is an excellent attorney and strives to make her clients feel comfortable while attending to those legal matters. She has answers to problems that without a doubt, would boggle someone who isn’t an attorney. She is fast and thorough in getting the job done. There is no one else like Carlene that can get the job done and maintain at all times, her professionalism. She has become a great friend to me and I will always cherish her 110% of her tenacity and eagerness to help people.
Manny Maldonado
Carlene was very understanding, she explained the process thru out the process. I’ve heard horror stories about the trustee that was assigned to me. Thanks to Carlene and her experience, the trustee worked with Carlene and I was able to get a repayment plan that was comfortable to me. It took five years and Carlene was there the whole time. Contacting her was easy. Email or phone, I was always able to get in contact with her. She always returned my calls. I would and have recommended Carlene. She is a good attorney. She will get you through your bankruptcy thru thick and thin. Thank you so much Carlene, Life is much better now.
Ruben.
In addition to her knowledge about the process of bankruptcy. Carlene became my “emotional rock” during the whole process from beginning to end. I don’t think that bankruptcy is an emotionally easy thing for most people. Carlene provided the emotional support I needed. I shall ever be grateful to her for that. Carlene represented me in a complicated case. She went above and beyond to help me. She even went out of her way to help when I had a death in the family. I give Carlene my highest recommendation. She cares about her clients and does exemplary work.
James.
Carlene Simmons handled a Chapter 7 Bankruptcy on my behalf. Carlene impressed me with her knowledge of what needed to be done from the beginning to end of the process. She answered all of my questions, kept in constant contact when I called or emailed her, always getting back to me in a timely manner, sometimes within the hour.
Jennifer.
During the most difficult and strenuous time in our lives, my husband and I were left with no choice but to file bankruptcy as we could not recover our finances with the loss of my job due to illness. We were referred to Carlene Simmons from a disability attorney I had met with. Carlene has held our hand through the entire process, simplifying it and making sure we were informed and understood every step. There were no surprises. She was extremely knowledgeable and sympathetic to our circumstances. We were very hesitant and nervous that something would go wrong but she took care of everything and our case was discharged without any problems at all, just as she said it would. We now have the fresh start we need to regain our finances and focus on my health. I would highly recommend Carlene as she was professional yet compassionate during this stressful time for us. I appreciate her and you will too if you choose to work with her. Thank you, Carlene!
Angel K.
I became very ill and like so many others saw my life spiral out of control financially. I gave up my career and moved to AZ in an attempt to gain some kind of control over the pain and the mess. Nightmare landlords and my inability to get a job added to an already unbearable situation. When I finally came to terms with the fact that bankruptcy was a part of the solution I went online to shop for a lawyer. I came up with three names from NOLO and called and interviewed all three. Carlene Simmons was the clear choice and I feel so lucky to have had her guidance through the process. That last sentence seems so trite considering all she did for me. I was stunned and devastated that I was going to not pay bills when paying bills had always determined what kind of person you are to me. I was going to lose everything including my self-worth and I could see nothing of my future. This woman was strong for me, a comfort to me and literally took my hand and guided me through the process, the offices, the courtrooms and my own emotional loss. If you are in need of good guidance, strong character and true professionalism please call these women. I am so, so glad I did.
Vicky DeNero.
I was completely thrilled with the service I got from Elizabeth! She is incredibly smart and took me through the whole process step by step. It’s not the most simple or comfortable process to go through but Elizabeth made it comfortable and I was done in no time. I have referred 4 people to her and all of them feel the same way. She’s awesome. You will not regret hiring her!
Marianne B.
When i first came to Elizabeth Kamper in 2009 to file for bankruptcy, i was nervous about what lie ahead of me. Elizabeth was very reassuring and knowledgeable. She answered all my husbands and my questions. We always felt like we were a priority and over the years we never felt forgotten. While the bankruptcy was an unfavorable experience, working with Elizabeth was always a pleasure.
Marlene B.
All I have to say about Elizabeth is Amazing! she is wonderful ..helpful kept me informed and explained everything to me step by step. Love her such a blessing !!! Elizabeth always returned my calls same day and answered all my questions. All I have to say she is amazing made this scary processes very easy for me.
Jackie
Elizabeth was extremely professional and helpful with excellent advice on actions that should be taken. She always gave us options, if there was more than one way to handle a situation, and then allowed us to make the final decision, never pushing one way or another. She always kept us informed with updates and responded quickly to any situations or issues. She went out of her way to accommodate us. I would highly recommend her.
Luna L.
I would like to express my sincere appreciation for Attorney’s Giancarlo and Beth. Like many other people, I had never been in need of an attorney before. They patiently answered all my questions and made sure I was able to navigate the process with ease. I am grateful to them for their dedication, experience, reassurance, and above all, their honesty! Thank you!