You endure an unimaginable amount of sorrow and anguish when you have lost a loved one through the negligence of another person. However, even as you grieve, you may face additional challenges that you never expected. Fortunately, Arizona law protects the interests of family members who suffer considerable losses due to the void left behind by the deceased. You may be entitled to seek compensation through a wrongful death action, a complex lawsuit that incorporates strict rules and procedures. Trust a Mesa wrongful death attorney to help you navigate the legal process, and read on for some important information about your claim.
How Wrongful Death Claims Work Under Arizona Law
The state’s wrongful death statute allows certain individuals to file a lawsuit when someone’s negligent, reckless, or intentional acts cause a fatality. The basis for a wrongful death action is that survivors suffer losses and hardships due to the passing of their loved one. Arizona law affords them a legal remedy to seek compensation from the person whose conduct caused the tragedy.
Parties with Standing to Sue for Wrongful Death
Under the statute, a wrongful death lawsuit must be filed by and for the benefit of designated individuals. You have the legal right to sue for a wrongful death if you are:
- The surviving spouse of the deceased;
- A child or parent of the victim; or,
- The legal guardian of the decedent.
In addition, the personal representative of the victim can bring a wrongful death action on behalf of any of the above individuals. If none of these people survive, the lawsuit can be filed for the benefit for the deceased’s estate. For purposes of the statute, the personal representative may be someone named as executor in the decedent’s will. If there is no will, an Arizona probate court may appoint someone to act as personal representative.
Compensation in an Arizona Wrongful Death Case
A wrongful death case is focused on the losses you sustain as a survivor, as separate from those of the deceased victim. As such, you may be able to recover:
- Economic Damages: This category of damages refers to the monetary or out-of-pocket costs related to the decedent’s passing. The law allows you to seek reasonable expenses of funeral and burial, as well as for medical bills incurred to treat the victim’s fatal injuries. Plus, you may recover lost income that resulted from the death and reasonably foreseeable wages the deceased would have earned in the future.
- Non-Economic Damages: You can pursue damages based upon the loss of love, affection, protection, and guidance that you experienced due to your family member’s death. In addition, you may seek compensation for the emotional and mental suffering you have endured.
Experienced Mesa Wrongful Death Attorneys Will Help with Your Claim
If you lost a loved one due to someone else’s negligence, you can count on our skilled lawyers at Edwards & Petersen, PLC for solid legal representation. Please contact our office today to schedule a consultation with one of our Mesa wrongful death attorneys. We can explain your remedies and discuss potential strategies after reviewing your circumstances.