Understanding Wrongful Death Claims in Arizona

A wrongful death claim is sometimes the only way for a surviving family member to seek justice for a loved one’s avoidable death. A wrongful death lawsuit is a form of personal injury lawsuit where the injured party was killed. Similar to personal injury lawsuits, the party responsible for the death is liable for damages.

If a loved one’s death is caused by the negligence, wrongful act, or omission of another party, Arizona law recognizes the right to hold that party accountable. These claims aim to provide financial relief for the damages and losses suffered by the survivors, including:

• Medical expenses
• Funeral costs
• Loss of income
• Emotional distress

Navigating the complexities of the legal process can be daunting when you’re grieving the senseless loss of a loved one, this is why it’s essential to consult with a qualified attorney to see how the law applies to your specific situation. Laws can change over time and there may be specific deadlines that need to be followed, so seeking professional legal advice is crucial to your wrongful death case.

What is a Wrongful Death Claim in Arizona and Who Can File One?

Wrongful death claims in Arizona are legal actions brought by the surviving family members or personal representatives of a deceased person against a party whose negligence, wrongful act, or omission caused the death. The goal of these claims is to seek compensation for the damages and losses that resulted from the death.

In Arizona, the following surviving members of the deceased can file a wrongful death claim:

• Spouse
• Children
• Parents
• Guardians

If none of these parties exist, the personal representative of the deceased person’s estate can also initiate the claim. It’s also important to note that siblings, other family members, same-sex partners, and common-law spouses may not recover from a wrongful death suit in Arizona.

Understanding the Different Types of Damages in a Wrongful Death Claim in Arizona

If the wrongful death claim is successful, the court may award various types of damages, which can include:

• Medical expenses
• Funeral and burial costs
• Loss of financial support
• Loss of companionship
• Property damage
• Emotional distress

The specific damages awarded will depend on the circumstances of each case and the losses suffered by the surviving family members.

Arizona law also follows the doctrine of comparative negligence, which means that damages awarded in a wrongful death claim can be reduced if the deceased was partially responsible for their own death. The court will assess the percentage of fault of each party involved and adjust the damages accordingly. For example, the court may determine that the deceased was 15% at fault and reduce the total damages awarded accordingly (in this example, the court would order the defendant to pay 85% of the total damages).

How to Prove Liability in a Wrongful Death Claim in Arizona

The burden of proof lies with the plaintiff to prove that the defendant’s negligence or wrongful conduct directly caused the death.

Proving negligence can get tricky, so it’s important to work with an experienced attorney who will know how to gather evidence, such as medical records, witness testimonies, and expert opinions, to support your claim and burden of proof.

The Timeline for Filing a Wrongful Death Claim in Arizona

In Arizona, there is a statute of limitations that sets a time limit to file a wrongful death claim. Generally, the claim must be filed within two years from the date of the person’s death.

However, it’s important to consult with an attorney to understand the time limitations applicable to your specific case, as there may be exceptions.

Working with a Wrongful Death Attorney in Arizona

Wrongful death claims can be complex and require legal expertise and knowledge of the applicable laws in Arizona. The last thing you want to deal with after losing a loved one is filing a wrongful death lawsuit, but you are entitled to just compensation for the trauma caused by someone’s negligence. It’s best to consult with an experienced personal injury attorney who specializes in wrongful death cases to guide you through the process, protect your rights, and help you pursue a fair resolution.

The dedicated attorneys at Brown & Hobkirk, PLLC are committed to representing your interests throughout the complicated process of wrongful death settlements in Arizona. Contact us today to schedule your consultation at one of our conveniently located offices in Scottsdale, Phoenix, Chandler, or Peoria.