What is a wrongful death claim? 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 resulting 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 DEFINED IN ARIZONA
“Wrongful Death” as the taking of a life “caused by [a] wrongful act, neglect or default” of another person or corporation. See, Arizona Revised Statute 12-611. Wrongful death can occur from simple car and motorcycle accidents to complicated medical malpractice or product liability injuries.
An actionable wrongful death case, generally speaking, is when someone else’s negligent, reckless or intentional behavior causes the death of another person. Death may arise in a variety of different ways. These ways may include but are not limited to, automobile accidents, trucking accidents, motorcycle accidents, boating accidents or pedestrian accidents. Additionally, an actionable claim may arise from unsafe workplace conditions, such as an unsafe construction site. Other examples may include, defective products, medical malpractice, toxic materials and prescription errors which may lead to negligence that results in an actionable wrongful death case. When serious or catastrophic injuries or wrongful death occurs, an experienced personal injury attorney is essential to protect your rights and recover damages from the liable party.
Compensation may include:
- Loss of earnings.
- Pain and suffering.
- Medical and funeral expenses.
- Loss of benefits, such as pensions or insurance.
- Punitive Damages.
Who can file a wrongful death lawsuit?
- Spouses – The surviving spouse usually has a claim for the lost companionship that resulted from the deceased’s death, as well as for the surviving spouse’s own emotional trauma arising out of the death.
- Children – Minor children may also be awarded damages for the lost benefits of their relationship with the deceased parent, including comfort and support.
- Parents – Parents of a minor child who has passed away may also be able to recover damages for their emotional trauma and the lost relationship with the child.
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. Due to the statute of limitations in a wrongful death lawsuit, it is important to seek the consultation of an experienced personal injury attorney as soon as possible.
When you reach out to us, you can expect the same commitment to excellence The Attorneys For Freedom Law Firm has delivered to all their clients. You can expect solid legal advice, personal attention, and constant communication throughout your representation.
If you do have a legitimate claim, you can depend on us to aggressively pursue a recovery for you which compensates you fully for your damages.