What Is a Wrongful Death, and How Do I File a Claim in Arizona?
Losing a loved one can be devastating, and even more so if they died because of the negligence or recklessness of another person. But if this happens, you can seek justice by filing a wrongful death claim. In Arizona, wrongful death lawsuits are civil suits that aim to hold the liable party responsible for the damage they have done. We answer the most frequently asked questions about wrongful death claims below.
Filing a Wrongful Death Suit: Frequently Asked Questions
What Is a Wrongful Death?
A death that has been caused by another person’s (or entity’s) negligence, recklessness, or omission of important safety information is considered a wrongful death in the state of Arizona. Wrongful death claims are essentially personal injury claims that are being brought to court on behalf of the deceased person.
Who Is Allowed to Sue for Wrongful Death?
In Arizona, the person who sues for wrongful death must be closely connected to the deceased. Examples include:
- Spouse
- Parent or guardian
- Child
- Someone acting on behalf of the deceased’s estate
It is important to note that Arizona does not recognize common law marriages, so if you and your partner are not legally married, speak with an attorney regarding your options.
How Long Do I Have to File?
The state of Arizona gives you two years from the date of the incident to file a personal injury or wrongful death claim. If your loved one was working on a personal injury claim, but they died during the process due to their injury, you can still make a wrongful death claim.
Who Collects Damages for a Wrongful Death?
In most cases, when damages are awarded they go to the family member who filed the suit. If the person who filed was acting on behalf of the estate, any damages that are awarded will be added to the deceased’s holdings. They will be dispersed to the deceased’s beneficiaries or to their next of kin.
What Types of Damages Can I Claim?
In a wrongful death suit, you can claim damages for:
- Medical bills
- Funeral costs
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
How Long Do These Suits Take?
With an experienced attorney, these suits can take anywhere from one to four years from the date the suit was filed.
Having a Personal Injury Lawyer at Your Side Matters
Being involved in a wrongful death suit can often be stressful, and emotionally painful as well. But the burden of seeking justice for your loved one’s death does not have to rest on your shoulders alone.
When you hire a lawyer who specializes in personal injury cases, you have someone to bear that burden for you. Your lawyer will be able to help you collect and categorize your evidence, help calculate the damages you are owed, negotiate settlements, and fight for you in court.
At Van Norman Law, we know what it takes to get what our clients deserve, and we fight to win. If you want to file for wrongful death, we’ll be with you every step of the way. Contact us today for a consultation on your case.
Images used under creative commons license – commercial use (11/30/23). Photo by Rhodi Lopez on Unsplash.