If you or your loved one’s abuser dies before you file a lawsuit, you may think that you have lost all chance at a settlement. That is not always true. While you can legally pursue a case if your abuser has died, your options may be limited.
Time is of the essence to avoid losing your chance to recover compensation. Keep reading to learn more about what happens if your abuser dies before you file a lawsuit, then reach out to Phillips Law Group for guidance.
No. The death of an abuser does not automatically terminate civil liability in Arizona. Under our state’s survival statute (A.R.S. § 14-3109), most causes of action survive the death of the liable party. This law allows victims to sue the deceased’s estate for damages, including economic harm and medical expenses.
Yes. You can sue for non-economic losses in Arizona even if the abuser has died. If the victim is still alive, a survival action may be brought against the abuser’s estate. However, damages for pain and suffering may be restricted. However, if the abuse caused the death of the victim, family members can sue for non-economic losses like mental anguish and loss of companionship. If the abuse was especially egregious, the court may also award punitive damages to punish the estate.
An abuse survivor in Arizona can file a civil lawsuit against a deceased perpetrator’s estate to seek compensation for damages. Even when the abuser has passed away, our personal injury attorneys can follow a series of key steps to help you recover your losses.
First, we will identify the estate, then file a formal claim, detailing your allegations and damages. If the abuser was affiliated with an organization, such as a church or school, we may be able to hold that institution accountable for enabling the abuse.
A lawsuit must typically be filed within two years of the death, or within four months to one year after a personal representative is appointed, whichever comes first. Arizona HB 2466 expanded the statute of limitations for child sexual abuse survivors to file civil claims, extending the deadline to age 30 instead of the previous age 20. It also allowed lawsuits against institutions that knew of the abuse.
Now that you are more familiar with what happens if the abuser dies before you file a lawsuit, it is time to schedule your free consultation and case evaluation with the skilled team at Phillips Law Group. Your claim is unique, and so is what happens with your specific lawsuit.
That is why it is so important to have a legal advocate you can trust. Our team has served Arizona’s community for more than 30 years, and you should put our trusted strategies to work for you for the best possible outcome.
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