PHOENIX ARIZONA WRONGFUL DEATH LAWYERS

What Makes Up a Wrongful Death Case?

Every wrongful death case is unique, but all claims filed under Arizona’s wrongful death statute must meet the same criteria.

Statute of Limitations

A statute of limitations places limits on how long a lawsuit can be filed following a wrongful death. In AZ, that limit is two years. This means that you must file within two years of the date you lost your loved one. There are a few exceptions, however, including when the negligence that caused the wrongful death was discovered at a later date. In any case, you should speak with an experienced wrongful death attorney as soon as you believe that negligence may have played a role in your loved one’s death.

Duty, Breach, Causation, and Damages

Similar to other types of negligence, there are four factors that must be proven in a wrongful death case in order to have a successful claim. The first is duty, meaning the person who caused the wrongful death owed a care of duty to the victim. For example, all drivers on the road owe a care of duty to drive reasonably and safely. If someone drove negligently, and caused a fatal car crash, they failed in that duty.

The second factor is breach, meaning that the duty of care was broken (or breached). When the driver that caused a fatal crash chose to drive recklessly, they were in breach.

The third element is causation, or that the injuries were caused by the defendant’s breach in their duty of care. The wrongful death of a car crash victim must be directly linked to injuries sustained from the accident.

The fourth and final factor is damages. For those left behind after the death of a loved one, damage caused can seem insurmountable. In order to prevail in a wrongful death lawsuit, however, the court requires that damages be given a dollar value. This allows a jury to award a particular amount to the family of the victim. Damages can fall into a variety of categories, so we discuss them more in the section below.

WHO CAN SUE ON BEHALF OF THE DECEDENT?

Only specific people may bring a Wrongful Death claim in Arizona. These include:

• Surviving Spouse
• Surviving Children
• Surviving Parent/Guardian
• Personal Representative of the deceased person on behalf of the above.
• If nobody listed above survives, then the Personal Rep may bring a claim on behalf of the decedent’s estate.

There are no other individuals that may bring a claim for wrongful death. That includes siblings, girlfriends/boyfriends/other significant others, friends, fiancees, cousins, etc.

Damages in a Wrongful Death Case

As discussed above, damages are a necessary component to a successful wrongful death lawsuit. In Arizona, and across the United States, these damages are typically broken down into two types: economic damages and non-economic damages.

Economic Damages

It is relatively easy to assign a dollar amount to economic damages, which include things like medical bills, lost income, funeral and burial expenses, and property repair bills. If the wrongful death involved a car accident, and you receive a $5,000 bill to repair the damaged car, that $5,000 would fall under the category of economic damages.

Non-Economic Damages

These are much harder to calculate and prove, but they often make up the most signifiant percentage of compensation in a wrongful death case.  Non-economic damages include things like pain and suffering, hedonic damages, loss of household services, and loss of consortium, or care and companionship. For the family members of victims, pain and suffering can be immense. Loss of consortium, while it may sound like legalese, covers the impact of losing a close confidant, a source of affection, and a life companion. Discussing these types of damages can be difficult, so making sure you feel comfortable with your attorney is a must.

Leading Types of Wrongful Deaths in Arizona

At the Law Badgers, we handle all types of wrongful death cases. The most common cases we see in Arizona include:

• Auto accidents
• Drowning and boating accidents
• Falls
• Medical malpractice
• Poisoning and overdoses
• Workplace accidents

Of course, this is by no means an exhaustive list. No matter how you lost your loved one, if you think negligence may have played a role, it is in your best interest to seek immediate legal counsel.

Contact an Arizona Wrongful Death Lawyer Today

If you have lost someone to a wrongful death, the Law Badgers can help. We will investigate your case, determine fault, and fight tirelessly to give a voice to your loved one and help you get back on your feet. No amount of compensation can ever right your loss, but it can help you set affairs in order after your loved one is gone. Contact the Law Badgers today for a free and confidential consultation about your case.

Call us at 1.833.383.4448 (1.833.DTF.IGHT) or email us at info@lawbadgers.com