Who Can Claim Damages in a Wrongful Death Lawsuit in Arizona?
A death in the family can be a traumatic event, and no compensation could ever make up the loss. However, when the death is the result of someone else’s negligence, survivors of the deceased can recover compensation for their financial loss through a wrongful death claim.
Under Arizona law, survivors of persons who have died as a result of someone else’s negligence can file a wrongful death claim.
A wrongful death lawsuit can be filed when a person dies from:
• medical malpractice or negligence;
• a drunk driving accident;
• a distracted driving accident;
• a drowsy driving accident;
• any accident in which the other motorist was negligent;
• the use of a defective product; or
• any other type of negligence.
Who Can File a Wrongful Death Claim?
In Phoenix, a wrongful death claim can be brought by the surviving spouse of the disease, or in the case of the death of a child, the parent of the deceased. Any beneficiaries mentioned in the claim can include the children or parents of the deceased, if the deceased left behind children.
What Kind of Damages Can Be Claimed in a Wrongful Death Claim?
In a typical wrongful death claim, you may be able to recover the following damages:
- funeral and burial expenses;
- loss of income;
- loss of household services that the deceased performed;
- loss of consortium;
- loss of love, affection and care and guidance;
- loss of inheritance of the children; and
- medical expenses incurred by the deceased just before he died.
However, just because you believe that the other person was at fault in your loved one’s death doesn’t mean that the wrongful death will be successful. You can expect the other party’s legal team to establish several defenses to your wrongful death lawsuit. For instance, expect to be informed that your loved one was partly to blame for his fatal injuries. If the death occurred in an accident, attorneys for the other side may try to claim that the person was driving rashly aggressively, or was distracted while driving, and therefore, was responsible or his death.
Wrongful death lawsuits in Phoenix have nothing to do with criminal action against the other party. For instance, if the death was caused in an accident caused by a drunk driver, there will be criminal action against the intoxicated motorist. The criminal action will be processed through Arizona’s criminal justice system, and the results of the action will have nothing to do with a civil wrongful death lawsuit filed by the family of the deceased. Criminal actions are taken to punish the person. A civil wrongful death lawsuit is taken to compensate the deceased’s survivors for their losses.
If you have recently suffered the loss of a loved one, you are understandably traumatized, and confused about what to do next. Securing financial compensation will ensure that you and your family members don’t have financial worries on your mind. The statute of limitations for filing a wrongful death lawsuit in Arizona is two years after the death. That means you only have a window of 24 months in which you must take legal action for compensation.
Contact a Phoenix injury attorney at our firm to discuss your legal rights to compensation for wrongful death losses. No amount of money can ever make up for a loss, but our attorneys will work compassionately to ensure that you are fully compensated, so that you and your family members can get closure and begin the process of moving forward. Call 602.595.5559 to speak with a Phoenix wrongful death lawyer today.