If you recently lost a loved one due to the wrongful or negligent act of another person, you know better than anyone how insufficient money is as a salve for the damage a tragedy like this can cause. That said, civil restitution can still be important to minimize the negative impact of specific losses you and your family will have to deal with as a direct result of your loved one’s premature death, both now and well into the future.
In a complex and high-stakes situation like this, guidance from a knowledgeable personal injury attorney could make a world of difference in how effectively you can enforce your rights while still protecting your family’s best interests. A Chandler wrongful death lawyer could take the lead in demanding the compensation you deserve for the harm your loved one should never have sustained, while you focus on managing your family’s affairs and processing your grief.
Who Can Recover Through a Wrongful Death Claim?
According to Arizona Revised Statutes § 12-611, it is possible to file a wrongful death lawsuit in any situation where the person who suffered the wrongful death would have had standing to file a personal injury lawsuit if they had survived their injuries. This means it is possible to pursue wrongful death litigation not just after accidents resulting from traditional negligence, such as auto accidents, but also in the event that professional malpractice or an intentional criminal act directly leads to someone’s death.
As per A.R.S. § 12-612, the only people who can recover compensation through a wrongful death case are the deceased person’s surviving spouse, children, and/or parent(s) or guardian(s). These immediate family members also have first priority when it comes to filing a wrongful death claim, but if none of these parties survive the deceased person, that person’s estate representative may pursue a claim on the estate’s behalf.
Regardless of who actually brings the claim forward, though, the two-year filing deadline set by A.R.S. § 12-542 still applies to wrongful death litigation, although it begins from the date of the deceased person’s death rather than the date on which an ultimately fatal injury first occurred. A Chandler wrongful death attorney could explain these and other applicable procedural rules as necessary during a private initial meeting.
Available Wrongful Death Damages
Rather than listing specific losses which family members of a wrongful death victim may seek recovery for, A.R.S. § 12-613 gives the court broad authority to award damages “as it deems fair and just” based on the circumstances of the death, the specific family members affected, and what losses those family members will experience as a direct result of the death. A wrongful death lawyer in Chandler could work to ensure the court takes into account losses like:
- Funeral and burial costs
- Lost future financial support
- Emotional and psychological anguish
- Lost household services and assistance
- Lost love, companionship, and guidance
- Medical expenses paid on behalf of the deceased person
It is worth noting that under the aforementioned statute, any debts and liabilities held by the deceased person cannot be taken out of damages awarded to eligible family members following a wrongful death unless the wrongful death claim in question seeks compensation on behalf of the deceased person’s estate.
Let a Chandler Wrongful Death Attorney Help
Anyone who passes away before their time due to someone else’s misconduct deserves justice of some kind, and so do members of their family who will suffer financial and personal harm as a result of their death. However, navigating the civil court system can be challenging even in low-stakes circumstances, and especially while you are still dealing with the trauma and grief of a family member’s sudden death.
You have assistance available to you from a Chandler wrongful death lawyer from the Phillips Law Group with more than 30 years of experience helping families like yours through situations like this. Call today to discuss your options with a local legal advocate from our firm.
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