Losing a loved one is one of life's most painful experiences. When that loss is caused by the negligence or fault of another, the grief is often compounded by questions of justice and financial uncertainty. If your family is considering a wrongful death claim in Arizona, know that this is a difficult path, but it is one you do not have to walk alone.
Understanding Wrongful Death in Arizona
A wrongful death claim in Arizona is a civil lawsuit usually filed by the surviving family members. This is a lawsuit against the person or entity responsible for a loved one's death. The law allows this claim when the deceased person could have filed a personal injury lawsuit had they lived.
To succeed, your claim must generally prove four key elements:
- Duty: This means the defendant owed your loved one a duty of care (e.g., a driver's duty to obey traffic laws).
- Breach: The defendant breached that duty through a wrongful act or negligence.
- Causation: The breach of duty has directly caused your loved one's death.
- Damages: Your family suffered quantifiable losses as a result of the death.
Who Can File a Claim?
Arizona law strictly limits who can file a wrongful death lawsuit. In order of priority, the eligible parties are:
- The surviving spouse.
- The surviving children.
- The surviving parents or guardians.
- The personal representative of the deceased's estate, if none of the above exist.
The Critical Deadline: Statute of Limitations
In Arizona, there is a strict time limit, called the Statute of Limitations. This also applies to filing a wrongful death lawsuit. Generally, you have two years from the date of your loved one's death to file the claim. To miss this deadline means you will likely lose your right to seek compensation forever.
Note: Because the clock starts ticking immediately, and exceptions exist for cases involving government entities, it is crucial to speak with an attorney as soon as possible to protect your legal rights.
Seeking Fair Compensation (Damages)
Without a doubt, no amount of money can replace a loved one. The purpose of a wrongful death claim, however, is to provide financial stability and some form of justice by recovering damages for the losses your family has suffered. Compensation falls into two main categories:
- Economic Damages (Quantifiable Losses):
- Medical bills incurred before death.
- Funeral and burial expenses.
- The deceased's lost wages and even future earning potential.
- Lost value of household services that the deceased would have provided.
- Non-Economic Damages (Intangible Losses):
- The survivors' pain, suffering, and mental anguish.
- Loss of companionship, comfort, love, and protection.
- Loss of guidance and parental training for surviving children.
In cases involving extreme or reckless conduct, Punitive Damages may also be awarded. This is usually to punish the wrongdoer and deter similar behavior in the future.
A Step Toward Healing
We understand that pursuing legal action is likely the last thing you want to focus on while grieving. The process can feel overwhelming, but Klink Law can manage the complexities—gathering evidence, handling negotiations, and preparing for trial—allowing you to focus on healing. If your family is grappling with the aftermath of a wrongful death in Arizona, let us offer the professional guidance and empathetic support you need
Contact us today at (602) 483-6059 for a confidential consultation, and take the first step toward finding accountability and security for your family's future.