The loss of a loved one is always a very emotional, potentially financial devastating and grief stricken time. This is especially true when the loss is sudden and is the result of the negligence of another. No one understands that more than the attorneys at Mostafavi, Marco and Wimmer. Mr. Marco lost his son, violently, and that experience gives our firm a certain perspective in these cases you just cannot find elsewhere. We want to help and we understand. Because we understand, we are patient and reassuring, in this, maybe the worse time of your life.
Arizona Revised Statutes (primarily Sections 12-611 through 12-613) allow two groups to bring claims against the person or company responsible for the death. The first group is the immediate, surviving family members of the deceased. Spouses, children and parents may bring a wrongful death claim in Arizona to recover damages for their emotional, psychological and physical (companionship) distress. The second group, the decedent’s estate, may bring an action for medical expenses, funeral costs and loss of the decedent’s future income. This is called a survival action.
These cases involve negligence, which means that the person or corporation must be “at fault” for the death. This negligent act may be due to a breach of a standard of care, or “intentional” due to the act being so dangerous that the risk of harm was elevated.
Dan Marco-A New Calling
As Dan Marco finds his way from “Murder to a New Ordinary”, which is the title of his blog at http://mysonzack.wordpress.com, it is clear the murder of his son Zachary Marco has left a void in his life. Dan, who was a ferocious criminal defense attorney, establishing himself as not only a talented legal mind, but also a gifted courtroom advocate, admits that the bullet that took his son’s life also took away his willingness to defend the accused. Two days after forming Mostafavi, Marco & Wimmer, with aspirations to continue his mission as a successful criminal and personal injury attorney, Dan received the call, that one call that no parent should ever have to receive.
Dan has spent the last 7 months contemplating his new motivation in work. Before the bullet it was clear, defend the accused, fight for the injured, do it better than anyone else, then pass the torch to his exceedingly gifted son, who also had a passion for the law. After the bullet came grief, confusion, yet still a family to support and firm to manage.
So how does a man, a damn good lawyer, from a lineage of lawyers, whose life long dreams were destroyed in a split second, who contemplates giving up, re-focus his reality to conform to necessity? The answer came in a call, very similar to the call he received 7 months prior, from someone who recently suffered similar tragedy. A wife now widow, asking for help, seeking justice for her deceased husband. Then it all became clear, what more appropriate way for Dan to regain his passion for the law then to help those he can relate to, who have suffered similar loss.
Every single day families receive that fateful call and far too often the events that resulted in death could have been prevented. Wrongful death due to the negligent act of another is an area of law that demands a lawyer who understands. One who comprehends the level of grief, who recognizes the confusion, and who has experienced the madness. So Dan’s silver lining is knowing that he can once again become that ferocious attorney, fighting tooth and nail for justice, so that his clients can fee even an iota of relief knowing they were represented by a lawyer who can relate, one who truly cares. And through Dan, the legacy of Zack carries on.


