Nothing will ever adequately prepare us for a loved one’s unexpected death. If you have experienced the sudden loss of a loved one in an accident resulting from another person’s carelessness, you can file a wrongful death claim. There are things you should consider while filing a wrongful death lawsuit in Phoenix, such as if the damage caused had a physical impact on you, if you were scared emotionally, or if you suffered financial losses.
Taking action and seeking justice is important if you’ve lost a loved one due to someone else’s negligence. Don’t wait to file a wrongful death claim in Phoenix. Contact wrongful death lawyers to help with your claim and guide you through the legal process and ensure you receive the compensation and closure you deserve.
What is wrongful death?
The Arizona Revised Statute (ARS) defines wrongful death as a situation where a person dies due to another individual’s negligence, wrongful act, or default. This definition encompasses various scenarios where someone’s actions or lack of action causes the death of another person. Wrongful deaths can arise from intentional harm, negligent conduct, or preventable medical errors.
If a death occurs due to someone’s carelessness or wrongdoing, it can lead to a wrongful death lawsuit. The following are some examples of situations that can result in wrongful death:
- Car accidents caused by reckless driving.
- Accidents at the workplace involving faulty equipment.
- Medical malpractice, including errors in diagnosis, treatment, or surgery.
- Falling accidents due to negligence or lack of safety precautions.
- Purposeful actions, such as criminal acts, lead to someone’s death.
What to Expect During a Wrongful Death Lawsuit in Phoenix?
If you’re filing a wrongful death lawsuit in Phoenix, it’s important to understand what to expect. These cases are heard in civil court, meaning the defendant will not face the same penalties as in a criminal case. Rather than fines, probation, or incarceration, a defendant in a wrongful death case may be required to pay compensation to the victim’s family.
If the death in question resulted from a criminal act, such as intentional harm or murder, you could file your wrongful death lawsuit at the same time as the pending criminal trial. Both trials serve different purposes; the criminal trial seeks to imprison the person responsible for the crime, while the civil trial aims to compensate surviving family members.
However, a wrongful death lawsuit may or may not go to trial. In some cases, your attorney may attempt to resolve the claim outside of the courtroom through pre-trial motions. However, if the responsible party refuses to pay fair compensation, the case may need to go to trial. In such cases, having an experienced trial attorney on your side is important to help you navigate the legal system and achieve the best possible outcome.
Who is Eligible to File a Wrongful Death Claim in Phoenix?
In Phoenix, Arizona, only certain individuals are eligible to file a wrongful death claim. The Arizona Revised Statutes (ARS) provide specific guidelines regarding who can bring a wrongful death lawsuit. According to ARS §12-612, the following parties may file a wrongful death claim:
- The surviving spouse of the deceased person
- The surviving children of the deceased person
- If there is no surviving spouse or children, the surviving parent(s) of the deceased person
- If there are no surviving spouses, children, or parents, then the personal representative of the deceased person’s estate may file a wrongful death claim.
It’s important to note that a wrongful death claim must be filed within two years of the date of death. If the claim is not filed within this time frame, it may be barred by the statute of limitations, meaning the right to sue may be lost forever.
If you have questions about your eligibility to file a wrongful death claim, it’s best to consult with experienced wrongful death lawyers to help with your claim and guide you through the legal process.