At Phillips Law Group, we know that unexpectedly losing a loved one can be one of the most traumatizing experiences a person may ever live through. When a wrongful death comes as the result of someone else’s reckless behavior, the loss can be all the more painful.
Money alone cannot always erase every negative impact that a tragedy like this may result in, as any experienced personal injury attorney knows all too well. That said, demanding fair financial restitution can still be key to protecting your family’s best interests after losing a loved one before their time, and you will give yourself much better chances of case success by retaining a Phoenix, AZ wrongful death lawyer who is unafraid to take your case to trial if necessary.
Basic Rules for Wrongful Death Litigation
In order for dependents to receive compensation in a wrongful death lawsuit, they must be able to prove that not only was the death of their loved one caused by another person or entity, but that the survivors have suffered financial losses as a result. More specifically, Arizona Revised Statutes §12-611 allows wrongful death claims to proceed based on any death caused by a wrongful act, neglect, or default, meaning it is possible to sue not only over purely accidental deaths but also over deaths caused by medical malpractice or intentional criminal conduct.
Regardless of the specific cause of death, only certain people have legal standing to start a wrongful death claim in Arizona. As per A.R.S. §12-612, those people are generally the deceased person’s surviving spouse, surviving child(ren), surviving parent(s) or guardian(s), or whoever the deceased person nominated in their will as their personal representative responsible for managing their affairs after their death. If the deceased person does not have any surviving family members meeting these criteria, the personal representative can sue on behalf of their estate.
It is worth noting as well that if a minor child passes away due to someone else’s misconduct, either of the child’s parents or legal guardians can file a wrongful death lawsuit in that child’s name. A Phoenix, AZ wrongful death attorney can go into further detail about how state law addresses cases of this nature during a free, no-obligation consultation.
What Damages Are Available Through Wrongful Death Claims?
Dependents of the deceased may be eligible to receive compensation for:
- Loss of anticipated earnings
- Funeral expenses
- Medical bills
- Loss of household services and assistance
- Lost love, companionship, and guidance
- Mental anguish
- Punitive damages, if it is determined that the death was caused by an intentional act of malice
Notably, Arizona is one of only a few states that does not place any caps on how much money a plaintiff can demand or how much a court can lawfully award for damages caused by someone else’s negligence. With this in mind, a skilled lawyer’s guidance can be vital to recovering not just for the immediate effects of a wrongful death in Phoenix, AZ, but also for losses that that death is likely to cause in the months, years, and even decades to come.
Deadlines for Suing Over Wrongful Death in Arizona
The fact that a wrongful death is likely to cause harm to surviving family members for many years into the future does not mean those family members have an unlimited amount of time to sue over those losses. In fact, under A.R.S. §12-542, most prospective personal injury plaintiffs—including those who have lost a close family member through another person’s misconduct—have just two years from when their cause of action came about to actually start the legal process.
For most personal injury cases, the cause of action comes from an injured person initially sustaining or, in some cases, discovering they have sustained an injury directly because of another person’s misconduct. For wrongful death claims, though, the starting point for that two-year filing period is always the date of the deceased person’s death, making it all the more crucial to contact a qualified legal professional quickly after suffering this type of loss.
Let a Phoenix, AZ Wrongful Death Attorney Help
If you or someone you love has been impacted by a wrongful death and suffered financial losses, contact the Phoenix, AZ wrongful death lawyers at Phillips Law Group today to schedule a free initial consultation.
There are no upfront fees for our services, which means there is no risk in calling to assess your situation with our team. If you need our dedicated personal injury attorneys to review your potential case, please don’t hesitate to contact us today!
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