It’s devastating when you lose a loved one, and that pain often deepens when someone else’s negligence or misconduct caused their death. In Arizona, families who have suffered such a loss may seek justice through a wrongful death lawsuit. Understanding how these lawsuits work can provide clarity during an already challenging time.
What Constitutes Wrongful Death?
Arizona law defines wrongful death as what happens when another party’s wrongful act, neglect, or fault causes someone’s death. This can include a wide range of circumstances, from car accidents caused by reckless driving to medical malpractice resulting in death. Essentially, if someone’s actions or negligence directly cause or contribute to the death of another person, it may be considered wrongful death.
How Wrongful Death Differs From Criminal Charges
A wrongful death lawsuit is a civil case, separate from any criminal charges. Criminal cases focus on punishment and require proof beyond a reasonable doubt. A wrongful death case is held in civil court and seeks to hold the at-fault party financially accountable. A successful wrongful death case is one in which the court awards compensation to the family of the deceased. Civil courts use a lower standard of proof than criminal courts, so families may still file a claim even if prosecutors do not bring charges or a jury finds the defendant not guilty.
Who Can File a Wrongful Death Lawsuit?
The surviving spouse, children, and parents of the deceased are statutorily able to bring a wrongful death lawsuit. If these parties are unavailable, the court can appoint a personal representative to pursue the claim.
Damages in Wrongful Death Cases
A wrongful death case allows the surviving family members to seek damages that compensate them for their losses. These damages can include:
1. Medical and Funeral Expenses:
In a wrongful death lawsuit, the family can recover the costs of medical treatment and burial or cremation services.
2. Lost Income and Benefits:
If the deceased was a primary breadwinner, the family may be entitled to compensation for the income and benefits they would have received had the person lived.
3. Loss of Companionship:
Family members may receive damages for the emotional pain and suffering resulting from losing their loved one’s companionship and support.
4. Pain and Suffering:
In some specific cases where the deceased experienced conscious pain and suffering before passing away, the family may seek damages for this physical and emotional distress.
Proving Liability
Like any civil lawsuit, proving liability is crucial in a wrongful death case. The plaintiff must demonstrate that the defendant’s actions or negligence directly caused or contributed to causing the death of their loved one. This often requires a thorough investigation, gathering evidence such as witness testimony, expert opinions, medical records, and accident reports.
Statute of Limitations in Arizona Wrongful Death Cases
Arizona law generally gives families two years from the date of death to file a wrongful death lawsuit under A.R.S. § 12-542. In most cases, the clock starts on the day the person dies, not the day of the accident. Claims against government entities can have much shorter notice and filing deadlines, so families should act quickly to be sure they don’t lose their filing window.
Settlement vs. Trial
Parties in many Arizona wrongful death cases resolve their claims through settlement negotiations rather than going to trial. In a settlement, both parties agree to settle the case outside of court in exchange for a predetermined amount of compensation. This can be a faster and less adversarial process than going to trial, but ensuring that any settlement offer fully compensates the family for their losses is essential.
How Settlements Are Distributed Among Family Members
In Arizona, eligible family members, such as a surviving spouse, children, or parents under A.R.S. § 12-612, may pursue a wrongful death settlement through a single case. The individual family members receive a portion of the award that corresponds to their share of losses that resulted from the deceased’s passing. If the case was brought on behalf of the estate, any award from the proceedings becomes a part of the estate.
Gill Law is On Your Side
Wrongful death lawsuits give families a way to seek justice and financial recovery after a tragic loss. When families understand the process and work with experienced attorneys, they can move forward with more clarity, honor their loved one’s memory, and protect their rights.
We know premature, unexpected death is hard on families. If someone’s negligence caused your loss, survivors or the estate may choose to bring a lawsuit. To learn more about your options after the wrongful death of a loved one, contact Gill Law for a free consultation today.