When a loved one dies in an accident or because of a criminal act, grieving family members could claim compensation in a civil lawsuit. Money will not fill the hole left by your loved one’s absence, but it could provide a measure of security for your family. Sometimes, holding a responsible party accountable could help a family move through their grief and find closure.
Discuss your situation with a Tempe wrongful death lawyer as soon as you can. At The Phillips Law Group, locally owned and operated for over 30 years, our trusted personal injury attorneys have been serving the local community for decades. It is our honor to help families like yours come to terms with unimaginable loss and find the path forward. Contact us today for the sensitivity you deserve.
Prosecution Has No Impact on a Wrongful Death Lawsuit
Our legal system offers two ways to hold a negligent person accountable for a death. A criminal prosecution could lead to probation, fines, and imprisonment. On the other hand, a civil lawsuit for wrongful death could lead to an order for a person, company, or even a unit of government to pay financial compensation to the family.
Not all unexpected deaths result from potentially criminal actions, but some do. For example, a person who drove drunk and killed a pedestrian could face criminal charges. The result of a criminal proceeding has no impact on the outcome of a civil lawsuit—a family could bring and win a verdict for compensation in a wrongful death action even if the prosecutor decided not to go forward with a case or a responsible party was acquitted in a criminal proceeding.
Criminal charges are unlikely if the death resulted from mere carelessness or even recklessness, but the person or business might still be civilly liable. When a Tempe attorney proves that someone’s failure to use reasonable care caused a wrongful death, the person at fault must pay compensation to the deceased’s family.
Civil Actions After a Wrongful Death
Arizona law describes two distinct lawsuits to hold someone accountable for a death: a wrongful death lawsuit and a similar lawsuit called a survival action. Both lawsuits claim financial compensation for a death, but there are differences between the two. Some families can bring both survival and wrongful death actions, while other families can bring only a wrongful death lawsuit. A skilled Tempe wrongful death attorney could determine which course of action is the best fit.
Survival Actions
A survival action is possible if someone sustains an injury and lives for some time before they pass away from it. This lawsuit seeks reimbursement for the costs of treating the deceased person for their injuries and the income they lost in the period between the accident and their death. A survival action also pays for funeral and burial costs.
The money from a survival action goes into the deceased person’s estate and could be used to pay off their debts. Any remaining funds are distributed to the family and heirs.
Wrongful Death Lawsuits
A family brings a wrongful death action seeking compensation, or damages, for the losses they experienced due to the loved one’s death. The person who files the lawsuit seeking damages is known as the plaintiff. According to Arizona Revised Statute § 12-612, the following relatives may be plaintiffs:
- A surviving spouse or child
- If the deceased person has no surviving spouse or children, their parent or guardian may bring the lawsuit
- If the decedent has no surviving immediate family, the deceased person’s estate also could be the plaintiff in a wrongful death lawsuit
A wrongful death lawsuit could claim the value of the wages and benefits the decedent would have earned if they had lived to reach retirement age as well as the value of any property damaged or destroyed in the fatal incident. The family could seek the value of the services the deceased person provided to the household, like cleaning, tutoring, or lawn maintenance. Family members could also seek compensation for the loss of their loved one’s companionship, love, and guidance, and their own grief and suffering due to the loved one’s death.
Prompt Action Preserves Your Rights
Statutes of limitations are time limits placed on individuals seeking to start a lawsuit. Arizona law requires plaintiffs to file a wrongful death lawsuit within two years of their family member’s death.
For survival actions, the law is more complicated. A survival lawsuit is, in essence, a lawsuit the deceased could have filed if they lived. The statute of limitations for most personal injury lawsuits is two years, so the individual would still have a viable lawsuit if they die within two years of their injury.
When death occurs, the two-year clock stops ticking temporarily until a probate court appoints a personal representative for the estate. At that point, the personal representative must file a survivor lawsuit within twelve months. A Tempe attorney could help explain any statute of limitations issues that might arise in a specific wrongful death case.
Contact a Tempe Attorney After a Loved One’s Wrongful Death
Someone who causes death to another through negligent, reckless, or criminal conduct should be held accountable. The criminal system can do that in some cases, but bereaved families have a more direct route to seek compensation and closure: they could bring a civil lawsuit against the wrongdoer seeking monetary damages.
While it may be possible to reach fair wrongful death settlements outside of the courtroom, the team at the Phillips Law Group is equipped to take a case all the way to court and represent you whenever necessary. Call today to speak with a knowledgeable and compassionate Tempe wrongful death lawyer from our firm. We are here to listen.
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