Chandler Wrongful Death Lawyers
A wrongful death lawsuit is a civil action by the survivors of the deceased. The purpose is to receive compensation due to the negligence or misconduct of another party that resulted in the death of an individual. A wrongful death claim can only be filed if the deceased would have been able to file a personal injury claim themselves, had they survived the incident that resulted in their death.
“Wrongful Death” is the taking of a life “caused by [a] wrongful act, neglect, or default” of another person or corporation. See, Arizona Revised Statute 12-611. In addition, Arizona Revised Statute 12-542 holds that a wrongful death action “shall be commenced…within two years after the cause of actions accrues.” However, there are exceptions to the two-year deadline.
Anyone who has suffered through the death of a loved one knows it is devastating and upsetting, especially if the death was due to the negligence of an individual or corporation. Wrongful death can occur from car and motorcycle accidents to complicated medical malpractice or product liability injuries.
Who Can Sue for Wrongful Death?
Arizona law allows two separate and distinct types of wrongful death: (1) a wrongful death action and (2) a survival action. The latter permits recovery for the estate and the former is for the wrong to the beneficiaries. These claim types of claims are defined in Arizona Revised Statute 12-612.
Those who can sue are:
- Surviving spouse of the deceased (wrongful death claim)
- Surviving children of the deceased (wrongful death claim)
- Surviving parent or guardian of the deceased (wrongful death claim)
- A personal representative of the decedent’s estate (survival action claim)
Wrongful death claimants can recover for grief, mental anguish, and relationship losses such as love, care, and companionship. According to Arizona Revised Statute 12-613, the amount recovered “shall not be subject to debts or liabilities of the deceased.”
Survival actions are for the recovery of burial costs, medical expenses, and the loss of decedent’s economic losses, including future income. Only one claim can be made in a person’s wrongful death, and in most cases the same law firm can represent all the parties involved, i.e., beneficiaries, involved with no conflicts of interest.
When you need an experienced and knowledgeable wrongful death attorney contact the Attorneys for Freedom Law Firm in Chandler, AZ or call our office directly at 480-755-7110. While money cannot compensate you for the terrible pain of losing a loved one, it can help the family recover expenses and have a more secure future. When you have the Attorneys for Freedom law firm on your side, you can take comfort in knowing that an experienced, trustworthy law firm will be handling your case.
Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
