Have you recently lost a loved one because of someone else’s wrongful conduct? If so, your family could be entitled to pursue a wrongful death claim against that at-fault party. If successful, your wrongful death claim could provide you with compensation for the many financial and personal consequences of your loss.
What Is a Wrongful Death in Arizona?
Arizona law defines a wrongful death as a death that results from the “wrongful act, neglect or default” of another party, such that the decedent, had they survived, would have had grounds to pursue a personal injury claim against that party. Here are a few practical examples of an incident that could give rise to a wrongful death claim:
- A car accident caused by a driver who ran a red light
- A negative health outcome caused by a doctor’s careless treatment
- An intentional act of harm, such as an assault
Critically, a death may be wrongful even if it does not amount to a crime. Criminal charges are pursued by prosecutors in the criminal court system, whereas wrongful death cases are pursued by surviving family members in the civil court system.
What Compensation Am I Entitled To?
A successful wrongful death claim can include many different kinds of damages, including compensation accounting for:
- Funeral and burial expenses, including the cost of caskets, headstones, cremation services, and any associated ceremonies
- Medical expenses the deceased incurred prior to their passing, including hospital stays, surgeries, medications, and other treatments
- Lost wages and benefits the deceased can no longer earn, including benefits such as health insurance, retirement contributions, and bonuses
- Repairing or replacing any property damaged in the incident, such as the cost of a motor vehicle totaled in a fatal collision
Damages can also cover non-financial aspects of a family’s loss, including:
- Loss of the deceased’s love, comfort, affection, and guidance
- Loss of the deceased’s contribution to household services
- The pain and suffering caused by the deceased’s passing
Additionally, courts may award compensation based on aggravating factors, such as an at-fault party’s reckless or particularly egregious behavior.
Who Gets the Money From a Wrongful Death Claim in Arizona?
Under Arizona state law, the following parties may recover from a wrongful death suit “in proportion to their damages”:
- A surviving spouse
- Any surviving children
- Surviving parents or guardians
If there are no survivors who fit these categories, the recovered money becomes an asset of the deceased’s estate.
Contact Our Arizona Wrongful Death Lawyers for Help
Have you lost a loved one in the Phoenix area? If so, Valley Injury Team can help you demand justice and compensation on their behalf. We offer free consultations and will not charge a fee unless we win your case. Contact us today for a case review with a wrongful death lawyer serving Phoenix, and let us handle the difficult legal work so you can focus on your family and your grief.
