The cause of action for wrongful death is governed by Arizona Revised Statutes, primarily Sections 12-611 through 12-613. There are also many published court opinions that interpret these statutes and govern wrongful death cases.
Losing someone you love is never easy, even when you've had time to prepare for it. When you haven't had that time, and especially if the negligence of another was to blame for the accident — the emotional, psychological and financial realities of such a loss can be overwhelming.
At Plattner Verderame, P.C., we understand that taking legal action so soon after losing a loved one in a fatal accident may not be your first priority. At the same time, obtaining justice and making certain that your loved one's story gets heard may depend on it.
As our client, you will only be represented by legal advocates who have been certified by the Arizona Bar as Specialists in Personal Injury and Wrongful Death Litigation (a distinction achieved by all of our attorneys). In fact, our entire team of dedicated professionals working with you and for you from beginning to end — something that can be a tremendous source of comfort and support to you in the weeks and months ahead.
Who Can Bring a Legal Action for Wrongful Death?
Arizona law allows for two distinct types of claims against a person or company which causes a death. Surviving spouses, children and parents may bring a claim to recover damages for grief, mental anguish and relationship losses such as the loss of love, care, comfort, guidance and companionship. This is referred to as a wrongful death case. The decedent's debtors have no claim against the wrongful death recovery.
The decedent's estate may claim medical expenses from the injury which caused the death, funeral costs, the loss of the decedent's future income and other economic losses. The second type of claim, sometimes referred to as a survival action, is brought by the personal representative of the decedent's estate. Sometimes a survival action is not brought when the economic loss is small compared to the survivors' personal losses. Also, any debts owed by decedent at the time of death can be collected from the proceeds of a survival action.
To bring either kind of case, the person or company which caused the death must be "at fault" for the death. Most civil cases for wrongful death involve negligence as the fault, but sometimes fault may be intentional (wrongful conduct which not only raised the risk of harm, but was intended to cause harm). And in some cases, a defendant may be strictly liable for the design, manufacture or sale of an unreasonably dangerous product (for examples, drugs such as Fen-Phen, SUVs that roll over, tires that suddenly lose their tread, gas tanks on cars that explode in rear-end impacts, etc.)
Last, bear in mind that there can be only one claim for a person's wrongful death, which is brought on behalf of all beneficiaries. In most cases, a single law firm can represent all of the parties involved with no conflicts of interest, but sometimes separate representation is required where there is animosity among family members or if they do not agree on the case objectives or how the funds recovered will be divided.
Making the world a safer place: The insurance lawyer will say that a lawsuit won't bring back your loved one, to make the survivors feel bad about standing up for their lost family member. This argument is misleading. If the careless wrongdoer doesn't have to pay for the harms and losses, there is no justice, and no incentive for people to be more careful in the future. Life is priceless -- but by the insurance defense formula, life is worthless. And that's just wrong.
Contact a Phoenix Wrongful Death Lawyer Today
For answers to any other questions you have about Arizona's wrongful death statute as it relates to accidents or medical mistakes — call 602-748-4391 or e-mail us for a free consultation. We handle all wrongful death lawsuits on a contingency fee basis, which means that you won't owe us anything unless our lawyers obtain a verdict or settlement on your behalf.
