Death of a loved one is an unfortunate occurrence that affects and changes us in unimaginable ways. We are all aware of the pain and suffering which is often greater if someone else’s negligence is the cause of the death.
In such a scenario, pain becomes unbearable, knowing fully well that if the other person would’ve been more careful, then you’d still have your loved one in your life.
Arizona has quite strict laws concerning wrongful deaths as these are deaths caused by other people’s negligence.
Arizona Laws On Wrongful Deaths
Arizona defines any death that is caused by the wrongful act, neglect, or default as “wrongful death”. A wrongful death case can be brought to the court if the deceased would have filed a personal injury case resulting from wrongful or negligent conduct that caused his or her death.
So, in essence, a wrongful death case is brought to the court of law like a personal injury case, with the only difference being that in the former, the deceased is no longer available. Thus, the claim must be brought to court by the people who are authorized to represent the deceased victim.
According to Arizona Law, the following persons may file a wrongful death claim on behalf of a deceased person:
- Surviving spouse of the deceased
- Any surviving children of the deceased
- A surviving parent or guardian of the deceased
- The personal representative of the deceased person’s estate
Wrongful Death Damages in Arizona
Wrongful death cases are often bought by family members of the deceased in civil courts and in this way, they differ significantly from homicide cases as in the case of the latter, the state brings a case to the criminal court, and these cases lead to severe criminal penalties and punishments.
Arizona legislation allows the victims to collect the following types of damages for wrongful deaths:
- Pain and suffering due to the untimely death of a loved one
- Pain and suffering endured by the deceased before his or her death
- Medical bills including the bills related to the deceased person’s final treatment
- Loss of wages or income which a deceased person would have earned if he’d have lived
- Loss of companionship, care, and guidance
- Lost value of household services performed by the deceased person
- Expenses related to funeral and burial
Statute of Limitations
Arizona has a statute of limitations in place for wrongful deaths, which extends up to 2 years from the death of the deceased. In reality, this means that you have up to 2 years from the death of a loved one to bring a wrongful death claim to the court as, after this period, no such claim will be admitted.
Arizona Wrongful Death Lawyer
Wrongful death cases are often quite complicated, and this is especially true for the ones which result from intentional violence, medical malpractice, car accidents, or workplace accidents as these 4 are the most common cause of wrongful deaths in Arizona.
It’s essential to have an experienced Phoenix Wrongful Death Lawyer at your disposal who can guide you through the case and save you from unnecessary trouble which you are sure to get into if you decide to fight the case without help from a qualified and experienced legal professional.
You can contact us now to book a free consultation for your wrongful death claim.