Losing a loved one is incredibly painful, especially when it happens due to someone else’s wrongful act or neglect. When someone dies because of another person’s carelessness or wrongful conduct, A.R.S. §12-612 allows certain family members to file a wrongful death claim. This claim seeks to give grieving families some justice by holding the responsible parties accountable.
What Is Wrongful Death?
Under Arizona law, when someone is killed in an accident that would have given them grounds to pursue a personal injury claim against the at-fault party, certain survivors can pursue a wrongful death claim instead. Examples of a “wrongful act, neglect or default” that could give rise to a wrongful death claim include:
- A motor vehicle accident caused by a careless driver
- A slip and fall that happens because a shop owner does not mop up a spill in time
- An injury caused by a defective product that was inherently unsafe for use
Some people wrongly assume that they do not have a claim because what happened to their loved one was “just an accident.” However, an important point to understand is that an at-fault party does not have to have deliberately harmed the deceased in order to be held liable through a wrongful death claim. Rather, that situation is precisely what the law aims to remedy. The goal of a wrongful claim is not necessarily to punish the at-fault party, though a successful claim can provide surviving families with a sense of justice and accountability. Rather, it should ensure a measure of financial support for those struggling in the wake of such a devastating loss.
Who Can File a Wrongful Death Claim in Arizona?
In Arizona, not just anyone can file a wrongful death claim. Only certain family members are eligible under state law. Here’s a quick look at who can take this important step:
- Spouse: The husband or wife of the deceased can file a wrongful death claim.
- Children: The deceased’s children are eligible to file a claim.
- Parents: If the deceased is a minor or, in some cases, an adult, the parents can file.
- Personal Representative: A representative of the deceased’s estate, appointed by the court or named in the deceased’s will, can also file.
It’s important to note that Arizona has specific regulations regarding the timeline for wrongful death claims. Families typically have up to two years from the date of death to file a claim, so it is advisable to act sooner rather than later. This can be very beneficial.
Types of Compensation Available
Wrongful death claims aim to compensate for the losses that family members face after a loved one’s passing. Here are some common types of compensation in these cases:
- Medical Expenses: Families can seek compensation for hospital bills or other medical costs related to the loved one’s passing.
- Funeral and Burial Costs: Families may also recover costs associated with the funeral and burial of their loved one.
- Loss of Income and Benefits: If the deceased provided financial support, families might seek compensation for the income and benefits the deceased would have earned, including pension benefits.
- Loss of Consortium: The spouse’s loss of intimacy, comfort, and care from their partner.
- Pain and Suffering: The emotional and physical pain the deceased experienced after the accident but before their passing.
- Mental Anguish: The pain suffered by the surviving family members because of the death.
Taking the Next Step
Have you recently lost a loved one? Do you suspect that their death might be someone else’s fault? If so, an experienced and qualified attorney can review the circumstances that led to your loved one’s death to determine if a wrongful death claim might exist. An attorney might be able to point out circumstances that could serve as the basis for a successful claim that the police or others missed.
At Valley Injury Team, we assist families in Mesa, Gilbert, Tempe, Chandler, and the surrounding areas. We offer compassionate guidance and clear explanations of the available options. If you’d like to discuss your next steps with an Arizona wrongful death lawyer who can help, please call us at 602-529-4444 or contact us online. You don’t have to handle this challenging time alone. We’re here to help.
