Mingus Mountain Law Group, PLLC

Wrongful Death

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Victims Of Wrongful Death

Here at MINGUS MOUNTAIN LAW GROUP, PLLC, we understand that no amount of money can ever compensate you for the premature death of a family member.  However, when a family suffers a wrongful death, questions arise about who is responsible. We are here to answer all of them.

We understand the complexities a wrongful death may create, and educate our clients on how to move forward, legally. We will examine all the evidence necessary to determine what caused the death of your family member.

When death comes too soon

Defining Wrongful Death

A wrongful death occurs when a person is killed as a result of the negligence or misconduct of another individual, company or entity. Every state has a statute defining wrongful death. In Arizona, we have the following statute.
Specifically, A.R.S. § 12-611 states:

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

Ways Wrongful Death Can Occur

Car and truck accidents caused by reckless drivers, defective automobiles, improperly maintained tractor-trailers, and negligent trucking companies.

Intentional acts by a criminal.

Dangerous products that were defectively designed or manufactured and still sold to consumers.

Accidents on property that has been negligently maintained.

Medical malpractice caused by careless and incompetent doctors, nurses, hospitals, and other healthcare providers.

Industrial equipment that causes burns, electrocutions, or other serious injuries..

Car and truck accidents caused by reckless drivers, defective automobiles, improperly maintained tractor-trailers, and negligent trucking companies.

Intentional acts by a criminal.

Dangerous products that were defectively designed or manufactured and still sold to consumers.

Accidents on property that has been negligently maintained.

Medical malpractice caused by careless and incompetent doctors, nurses, hospitals, and other healthcare providers.

Industrial equipment that causes burns, electrocutions, or other serious injuries..

Who May Bring A Wrongful Death Claim?

A.R.S. § 12-612 defines who may bring forward a wrongful death cause of action:

The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A in proportion to their damages, and if recovery is on behalf of the decedent’s estate the amount shall be an asset of the estate.


For the purposes of subsection A, “personal representative” includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law.

Wrongful Death Damages

Monetary damages attempt to provide some level of justice in a wrongful death claim.

Damages may include:

Any earnings you depended on from the deceased.

Loss of love, affection, comfort, guidance, and companionship.

Also, punitive damages are available in Arizona and are enforced to punish the defendant for his gross or malicious conduct and to deter the defendant from engaging in the conduct again.

Moving Forward

Wrongful death lawsuits are not always necessary. In fact, some claims settle before a lawsuit is necessary. We understand your family has probably already suffered enough, and a trial would not be desirable as your family simply wants to move on. Therefore, we work hard to illustrate to the defendant the negligent conduct by the defendant, that the negligent conduct caused the death, and that we will prevail at trial. This strategy promotes early settlement, thereby allowing the hurting family to move forward with their lives.

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To Schedule Your Free Consultation With An Experienced Attorney

We understand that an injury will cause significant challenge, and may limit your mobility. If necessary, ask about our video or telephone consultation. We look forward to meeting you to discuss your legal options available for your injury claim.