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Who Can File a Wrongful Death Claim in Arizona?

December 18, 2020Wrongful Death

The last thing anybody expects to have to deal with is losing a loved one due to the careless or negligent actions of somebody else. Unfortunately, wrongful death cases are not uncommon throughout Arizona. These cases arise in a variety of ways, including drunk driving accidents, workplace accidents, intentional actions committed during criminal activity, and more. It is crucial that friends and family members of those who have been wrongfully killed understand exactly who can file a wrongful death claim in Arizona.

Who Can File These Wrongful Death Claims?

According to  A.R.S. Section 12-611, we can see that wrongful death claims can be brought to civil court if the person who lost their life would have been able to file a personal injury lawsuit based on the wrongful or negligent conduct that caused their death. In other words, if they would have had a valid personal injury claim, then a wrongful death claim can be filed on their behalf.

The wrongful death law in Arizona limits which parties are allowed to file these claims. The people allowed to file civil wrongful death claims in Arizona include the following:

  • The surviving spouse of the deceased
  • The surviving children of the deceased
  • Any surviving parent or guardian of the deceased
  • The personal representative of the deceased’s estate
  • The personal representative of the deceased’s spouse, child, parent, or guardian

If the deceased person is a child, Arizona law allows for the parents or guardians of the child to file a wrongful death claim on their behalf.

What Type of Compensation Is Available After an Arizona Wrongful Death?

There are various types of monetary compensation available to family members of those who have been wrongfully killed. Typically, damages in these cases are divided into two categories. The first category reflects losses to the deceased person’s estate caused by the death, and these damages are usually paid to the estate. This can include the following:

  • Funeral and burial expenses
  • Medical bills related to the deceased’s final treatment
  • The total value of lost wages and benefits the deceased would have earned had they lived
  • Replacement or repair of any property damaged in the accident
  • Pain and suffering endured by the deceased before their death

The second category of damages typically includes losses suffered by family members as a result of the death. This can include the following:

  • The lost value of household services performed by the deceased
  • Pain and suffering caused by the untimely death
  • Loss of companionship, care, comfort, guidance, etc.

There is no set amount of money awarded for successful wrongful death claims. The total amount of compensation awarded in these cases will vary depending on the circumstances revolving around each particular situation.

Do You Need to Work With an Arizona Wrongful Death Attorney?

If you have lost to somebody that you love due to the careless, negligent, or intentional actions of another person or entity, you need to speak to a skilled Phoenix wrongful death attorney today. These cases can become very complicated, but an attorney will be able to cut through the noise and help you handle this. They will be your advocate, using their resources and legal expertise to conduct a full investigation into the incident in order to secure the compensation and closure your family deserves.