The loss of a loved one due to the negligence or misconduct of another is an unimaginable tragedy that no family should have to endure. Geoff Trachtenberg approaches wrongful death cases with the utmost sensitivity and a deep commitment to seeking justice for bereaved families. Recognized among Arizona’s elite personal injury attorneys, Geoff’s extensive legal expertise and compassionate representation provide solace to families during their most challenging times. He is dedicated to uncovering the truth and holding responsible parties accountable, ensuring that families receive the compensation they rightfully deserve for their profound loss. Geoff’s advocacy not only seeks to address the financial impact of the loss but also to honor the memory of the deceased, ensuring that similar tragedies are prevented in the future.
A wrongful death claim arises when an individual dies due to the negligence or wrongful act of another. These claims can stem from various incidents, including car accidents, medical malpractice, workplace accidents, and more.
Arizona law allows the deceased's spouse, children, parents, or the estate's personal representative to file a wrongful death lawsuit.
Damages can include funeral and burial expenses, lost future income, medical bills related to the deceased’s final illness or injury, loss of companionship, and pain and suffering experienced by the deceased before death.
The value is based on several factors, including the deceased's earnings potential, the financial dependency of survivors, and non-economic factors like loss of companionship and emotional distress.
The statute of limitations for filing a wrongful death lawsuit in Arizona is typically two years from the date of death, but exceptions may apply.
Generally, wrongful death settlements for compensatory damages are not taxable. However, portions of the settlement deemed punitive damages may be taxable. It's important to consult with a legal expert like Geoff for guidance.
Filing a wrongful death claim involves gathering evidence of negligence, determining the claim's value, and negotiating with insurance companies or responsible parties, possibly leading to litigation if a fair settlement cannot be reached.
A wrongful death lawsuit is a civil action seeking financial compensation for the deceased’s survivors, whereas a criminal case seeks to penalize the wrongdoer with fines or imprisonment. Both can proceed independently.
Arizona’s comparative negligence laws may still allow for compensation, though the total may be reduced based on the deceased’s percentage of fault.
Geoff provides comprehensive legal support, from investigating the cause of death and establishing liability to negotiating settlements or pursuing litigation. His empathetic and thorough approach ensures families receive the support and compensation they need to move forward.