Wrongful Death Laws in Arizona
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Losing a loved one suddenly is immensely painful. Although nothing can fully compensate for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and has helped our clients receive the justice and compensation they deserve. We are here to help you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What Is a Wrongful Death Lawsuit in Arizona?
In Arizona, wrongful death is defined as a death that is caused by “wrongful act, neglect, or default.”
A wrongful death suit is similar to a personal injury claim. If the victim would have been able to file a personal injury claim had they survived, the victim’s survivors can pursue a wrongful death lawsuit and the party at fault can be held liable for damages.
Who May File a Wrongful Death Claim in Arizona?
In Arizona, a wrongful death suit can only be brought by select people: the victim’s spouse, biological or adopted child, parent or guardian, or the legal representative of one of these people.
If the victim has no survivors that fit these categories, the estate can bring a wrongful death claim. However, there are several people who are not allowed to file a wrongful death suit in Arizona: siblings or other relatives of the victim, unmarried partners, and common law spouses. However, these people could be named the personal representative of the estate in the will, and could then pursue a wrongful death claim on behalf of the estate.
What Damages Are Available in an Arizona Wrongful Death Claim?
Survivors can pursue compensatory or punitive damages in Arizona wrongful death lawsuits. Compensatory damages can cover the victim’s medical expenses and funeral expenses. Keeping receipts and documentation of these expenses can help ensure full compensation in a lawsuit. Damages can also include the lost economic support from the decedent, including lost wages, child support, and other benefits.
Survivors can additionally pursue non-economic damages for emotional distress, the loss of care of children, loss of guidance for children, and loss of consortium, which is the loss of physical and emotional intimacy by a deceased spouse.
Punitive damages may also be pursued. Punitive damages exist to punish the defendant’s bad actions. They also intend to prevent the wrongdoer from repeating his or her negligence and hurting someone else.
The survivors ultimately decide distribution of damages. However, if the parties are unable to agree on how to divide the damages, the court may create a legally binding decision instead.
How Long Do I Have to File a Wrongful Death Claim in Arizona?
A wrongful death complaint must be filed within two years from the date of death. Any claim made after that will likely be thrown out, so it is smart to contact a lawyer as soon as possible if you are considering filing a wrongful death suit.
Wrongful death cases are incredibly complex, and if you wait too long to file a claim, there is a chance that evidence will be lost or that witnesses will forget details of the incident.
Get Help from Our Wrongful Death Lawyers
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.