What Qualifies as a Wrongful Death Lawsuit in Arizona?
A wrongful death lawsuit is a civil claim you may file when a person’s death is caused by the wrongful act, neglect, or default of another party. The claim argues that if the deceased person had survived their injuries, they would have been able to file a personal injury lawsuit.
The lawsuit allows surviving family members to seek financial compensation for the losses they have suffered due to the death.
Who Is Allowed To File a Wrongful Death Claim in Phoenix?
In Arizona, specific individuals are permitted to file a wrongful death claim. The law allows the surviving spouse, children, or a parent or guardian of the deceased to bring the action.
If none of these individuals exist or they choose not to file, the personal representative of the deceased person’s estate files the lawsuit on behalf of the estate and its beneficiaries.
How Long Do I Have To File a Wrongful Death Claim in Arizona?
Arizona usually allows for two years from the death for filing a wrongful death lawsuit. If you fail to file your lawsuit within this two-year window, you almost always lose your right to seek compensation forever. Speak with a Phoenix wrongful death lawyer as soon as possible to protect your claim.
What Kind of Evidence Does My Phoenix Wrongful Death Lawyer Need?
Your wrongful death attorney uses a variety of evidence to build a strong wrongful death case, including police reports, witness testimony, photos and videos from the accident scene, and medical records.
In many cases, it also involves expert testimony from accident reconstructionists, medical professionals, and economists who explain how the incident happened and calculate the family’s financial losses.
Can I Still File a Claim if Our Loved One Was Partially at Fault?
Arizona follows a pure comparative fault rule, which means a family is able to seek compensation even if their loved one was partially responsible for the incident. The amount of compensation the family receives is simply reduced by the percentage of fault assigned to their loved one.
Will Our Wrongful Death Case Definitely Go to Trial?
Most wrongful death cases don’t go to trial. The majority resolve during negotiations with the insurance company outside of court. However, a skilled legal team prepares every case as if it is going to trial, which often encourages the at-fault party’s insurer to offer a fair settlement.
