When a loved one dies due to someone else’s negligence or reckless behavior, it can be a devastating and overwhelming time. Not only do you have to deal with the emotional pain of losing someone, but you may also have to navigate the legal system to seek justice for your loved one’s death. In Arizona, wrongful death claims allow surviving family members or dependents to pursue compensation for their damages. This article will provide an overview of what wrongful death claims are, who can file them, and what damages may be available.
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What is a wrongful death claim?
A wrongful death claim is a civil lawsuit filed on behalf of the surviving family members or dependents of the deceased person. It alleges that the death was caused by someone else’s negligence, recklessness, or intentional misconduct. Wrongful death claims seek to recover damages for the losses and expenses that the surviving family members or dependents have suffered as a result of the death.
Who can file a wrongful death claim in Arizona?
Arizona law specifies which surviving family members or dependents can bring a wrongful death claim. The following persons are eligible to file a wrongful death claim in Arizona:
- The surviving spouse of the deceased person
- The surviving children of the deceased person
- The surviving parent or legal guardian of a deceased unmarried child who was under age 18 at the time of death
- The personal representative of the deceased person’s estate
If the deceased person has no surviving spouse, children, or parents, then other relatives may be able to bring a wrongful death claim, depending on their relationship to the deceased person and the circumstances of the death.
What damages can be recovered in a wrongful death claim?
The damages that can be recovered in a wrongful death claim depend on the specific facts of each case. Generally, the damages can be divided into two categories: economic damages and noneconomic damages.
Economic damages
Economic damages are the actual financial losses that the surviving family members or dependents have suffered as a result of the death. They may include:
- Medical expenses related to the deceased person’s final illness or injury
- Funeral and burial expenses
- Loss of income or support that the deceased person would have provided to the family if they had not died
- Loss of household services that the deceased person would have provided, such as childcare, cooking, cleaning, or home maintenance
Noneconomic damages
Noneconomic damages are the more intangible losses that are difficult to quantify in monetary terms. They may include:
- Pain and suffering that the deceased person experienced before death
- Loss of companionship, guidance, and moral support that the surviving family members or dependents would have received from the deceased person
- Loss of the deceased person’s love, affection, and emotional support
- Mental anguish, grief, and emotional distress that the surviving family members or dependents have experienced as a result of the death
How long do I have to file a wrongful death claim in Arizona?
In Arizona, the statute of limitations for wrongful death claims is two years from the date of the person’s death. This means that if you wait too long to file your claim, you may be barred from pursuing any legal recourse.
Contact a Knowledgeable Arizona Personal Injury Attorney
If you have lost a loved one due to someone else’s negligence or recklessness in Arizona, it’s vital to know your rights and your options. Seeking the advice of an experienced personal injury attorney can help you navigate the legal system and pursue the compensation and justice that you deserve. Contact an attorney today to discuss your case and learn more about your legal rights.