Wrongful Death Lawsuits in Arizona | Attorneys for Freedom Law Firm

Wrongful Death Lawsuits in Arizona

Jody L. Broaddus

Losing a loved one or family member due to the wrongful acts of another can be utterly devastating. Although family members, significant others, and friends can experience extreme grief and loss as the result of the death of a loved one, Arizona’s statutory scheme provides limitations as to who can bring a claim, as well as when and how a lawsuit must be filed.

Who can bring a claim or lawsuit?

While a variety of people can be harmed by the loss of a loved one, only certain people are entitled to bring and recover in a wrongful death lawsuit under Arizona law. In this regard, a personal representative, guardian, surviving spouse, children, and parents can bring a lawsuit, and the lawsuit can only seek recovery on behalf of the estate of the decedent, surviving spouse, children, and parents. The surviving spouse, children, and parents are considered to be beneficiaries. Unfortunately, siblings and significant others are not entitled to bring a claim, even though their losses may be tremendous.

How is the lawsuit brought?

Only one lawsuit may be brought for wrongful death. In other words, a beneficiary cannot maintain a lawsuit separate from any other beneficiary. All beneficiaries should be considered as parties, but the estate is not required to be a party. This may impact the recovery of certain damages, and there may pros and cons when considering whether to include the estate as a party.

What damages can be recovered?

There are two general areas of damages that can be recovered: (a) damages on behalf of the estate, and (b) compensation and damages sustained by the beneficiaries. In a wrongful death claim or lawsuit, beneficiaries may seek compensation for financial and monetary losses, as well as for grief and the loss of companionship, love, guidance, pain, suffering, and household services resulting from the death of a loved one. The estate of the deceased, through a personal representative, can seek damages for a variety of items, such as funeral and burial expenses, medical bills, property damage resulting from the event that caused death, and the value of lost wages and benefits the decedent would have earned.

When must a claim be brought?

In general, a wrongful death lawsuit must be filed within two years from the death of the loved one. If the wrongful death is caused by a governmental entity, there may be other requirements and much earlier deadlines.

There may be other options and considerations that should be addressed including, but not limited to, restitution if there are criminal proceedings against the wrongdoer, responsibility for medical expenses, questions regarding insurance, and other matters. Therefore, you should immediately contact an attorney to explore your rights if you have lost a loved one due to the wrongful conduct of another.

Phillip J.
Phillip J.
14:30 18 Jan 22
Upfront pricing & transparency throughout. Got my case completely dismissed and I’m now able to... move forward with a clean slate. Thank you Marc and Emma and the entire team attorneys for freedomread more
Jared B.
Jared B.
19:48 15 Jan 22
5 stars just isnt enough for Andrew Marcantel, Marc Victor, and the entire staff here.When my... boyfriend was wrongly accused of a totally vile crime, neither of us had any experience navigating the "just-us" system.If you've faced potentially life-altering accusations, and you feel like the system is set up to empower police, prosecutors, judges, and pretty much everyone except you, then you're right! If you want to level the playing feild, Attorneys for Freedom will accomplish that.Some others have commented about the price. Good representation does cost money, unfortunately. What is a persons future worth?Compared to the competition, which is also expensive, the value you will get at this law firm is just unbelievable. Andrew especially is so great at walking you through possible scenerios, guiding you through important decisions, and has the experience to truly get good results. Extremely knowledgeable and creative not just "aggressive". He is also an excellent communicator, both in the office and in the court.Speaking of communication, the paralegal team at even some more expensive law firms will leave you wondering what it is they are paid to do. This is not the case at Attorneys for Freedom. Ashley Crispino and Kaylie Kline did an amazing job at both keeping us in the loop and being available when needed.Reading "Case Dismissed" after what felt like an eternity of fighting was the best outcome we could have ever asked for.I told my Aunt who was very worried about us at the height of all the absurdity that I felt like having Andy on our side was better than prayer. And I was right.read more
Nicholas K.
Nicholas K.
01:07 17 Dec 21
Bad review was due to unfortunate mistake in contact info. Mr. Harris made contact, fixed my file,... and set up the next steps for my request.read more
Daddy D.
Daddy D.
17:44 14 Dec 21
Helped me out with all my attorney needs. Out of state help!
Kira L.
Kira L.
22:12 02 Dec 21
This is my first time ever needing an attorney and my attorney was Kate and she did an amazing job... with my case! Kate took time to go through all of the evidence so she understood everything before going to court. Kate assistant Madalyn was also super helpful and very sweet! Anytime I called she was very understanding and helped me walk through the process when I did not understand something and always had an upbeat positive attitude! If I ever need an attorney again I will definitely being going back to Kate!read more
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