Definitions and Basis
Wrongful death claims in Arizona arise when a person’s death results from the fault of another person. The person at fault may be a driver in a car accident, a doctor who committed medical malpractice, or even a drug crimes lawyer in Phoenix involved in a negligent act.
Persons Eligible to File a Wrongful Death Claim
In Arizona, specific individuals can claim wrongful death. The list includes the deceased person’s spouse, children, parents, or personal representative. A representative is an individual or an institution that takes care of the deceased person’s estate.
Deadlines for Filing a Wrongful Death Claim
Arizona law restricts the time available for filing wrongful death claims. The state gives you two years from the date of the person’s death to file a claim. If you fail to file within this period, you may not later bring a claim.
Damages Available in a Wrongful Death Claim
In a wrongful death claim, the court awards damages that reflect the losses associated with the death. These may include funeral expenses, medical costs, and the deceased person’s lost earnings. The court may also grant compensation for the pain and suffering of the deceased before death, called pre-death pain and suffering.
Peculiarities of Arizona Wrongful Death Cases
Arizona has specific rules that apply to wrongful death claims. One of these is the “survival action.” In case a person suffers an injury, files a lawsuit for damages, and then dies from causes not related to the injury, the lawsuit survives in the hands of the deceased’s representative.
Another peculiarity is the involvement of insurance companies in wrongful death claims. Insurance companies often seek to pay as little as possible in wrongful death claims. Hence, it is crucial to engage an experienced legal professional when dealing with insurance companies in these cases.
The Role of Legal Professionals
In wrongful death cases in Arizona, a legal professional plays a significant role. This person helps explain the legal processes involved, gathers necessary evidence, and advocates on your behalf. They also provide the much-needed support through a difficult period.
In Summary
To wrap up, understanding wrongful death claims in Arizona is valuable for anyone in such unfortunate circumstances. From knowing who can file a claim, to understanding the time limits for doing so, and the role of legal professionals, every piece of knowledge counts. To further comprehend this process, seeking legal advice from experienced professionals is often a wise step, ensuring your rights and interests remain protected throughout the process.
