WRONGFUL DEATH LAWSUITS IN ARIZONA
Wrongful death attorneys in Arizona are familiar with Arizona's wrongful death statute. The statutes governing Wrongful Death in Arizona are found in Arizona Revised Statutes ("A.R.S.") Sections 12-611 to 12-613. Arizona's wrongful death laws governs wrongful death actions, including when a wrongful death lawsuit can be filed, who can file a wrongful death action, and what damages are allowed.
What is Wrongful Death?
Wrongful death means the death must have occurred due to a “wrongful act, neglect or default.” A wrongful death lawsuit can be filed if the deceased would not have died during the act and instead could have filed a personal injury suit.
Who can sue for Wrongful Death in Arizona?
In Arizona, the statutory beneficiaries are permitted to file a wrongful death lawsuit. A.R.S. 12-612 governs who may sue for wrongful death in Arizona. A wrongful death action in Arizona can be brought in the name of a surviving spouse, child, parent or guardian, or a personal representative on behalf of the foregoing. In there is no surviving spouse, parent, or guardian; the estate of the deceased is authorized to bring a wrongful death claim.
Notably, Arizona does not allow wrongful death actions by siblings, other relatives, common law partners, or same-sex partners.
What are Wrongful Death damages?
A party causing wrongful death of another can be held liable for wrongful death damages to the statutory beneficiaries (family of the deceased), including damages for loss of care, companionship, guidance and love, as well as consequent pain, grief, sorrow, anguish, mental suffering, shock, and stress caused by the wrongful death of a loved one.
Wrongful death damages can also be awarded based on the level of support provided by the deceased prior to death, such as financial support or household services.
Notably, wrongful death damages do not include pain or suffering by the deceased. The estate of deceased can pursue these damages in a separate cause of action known as a "survival action." However, survival action damages might subject to liabilities or creditors of the estate of the deceased. Wrongful death damages are not subject to debts or liabilities of the deceased.
What is Wrongful Death?
Wrongful death means the death must have occurred due to a “wrongful act, neglect or default.” A wrongful death lawsuit can be filed if the deceased would not have died during the act and instead could have filed a personal injury suit.
Who can sue for Wrongful Death in Arizona?
In Arizona, the statutory beneficiaries are permitted to file a wrongful death lawsuit. A.R.S. 12-612 governs who may sue for wrongful death in Arizona. A wrongful death action in Arizona can be brought in the name of a surviving spouse, child, parent or guardian, or a personal representative on behalf of the foregoing. In there is no surviving spouse, parent, or guardian; the estate of the deceased is authorized to bring a wrongful death claim.
Notably, Arizona does not allow wrongful death actions by siblings, other relatives, common law partners, or same-sex partners.
What are Wrongful Death damages?
A party causing wrongful death of another can be held liable for wrongful death damages to the statutory beneficiaries (family of the deceased), including damages for loss of care, companionship, guidance and love, as well as consequent pain, grief, sorrow, anguish, mental suffering, shock, and stress caused by the wrongful death of a loved one.
Wrongful death damages can also be awarded based on the level of support provided by the deceased prior to death, such as financial support or household services.
Notably, wrongful death damages do not include pain or suffering by the deceased. The estate of deceased can pursue these damages in a separate cause of action known as a "survival action." However, survival action damages might subject to liabilities or creditors of the estate of the deceased. Wrongful death damages are not subject to debts or liabilities of the deceased.