Arizona Wrongful Death Claim
An Arizona wrongful death claim claim can be made by a spouse, a parent, of the child of the deceased victim. The claim is presented on behalf of the statutory beneficiaries by the personal representative. The personal representative files the lawsuit on behalf of the family and is listed as the Plaintiff on the Complaint. The Estate of the deceased can be named in the Complaint, but this subjects the Estate to liens against the third party recovery, unlike claims made solely by the family members.
In a wrongful death claim you can represent yourself, but it is highly recommended that you hire an attorney. This is because the personal representative owes fiduciary duties to the beneficiaries and liens most of the time, medical expenses are not subject to a lien. Thus, a person (or even an attorney) without experience in handling this type of claim may run into legal roadblocks and may not take the proper actions.
Wrongful Death Attorney – Lara Law Firm
At the Lara Law Firm we have handled wrongful death claims against bars, drunk drivers, negligent motorists, semi truck drivers and shuttle drivers. We are fully prepared to represent victims’ family members in wrongful death actions and we will work with you to obtain full compensation for your losses. Don’t hesitate to contact our office if you believe that you may have an Arizona wrongful death claim.
Arizona Law on Wrongful Death Claims
According to Arizna law, you may be entitled to compensation for your damages and expenses if your loved one has suffered a wrongful death. The filing of a Wrongful Death Claim must be done promptly to avoid the loss of evidence or the non-contact with witnesses. The accident scene must be examined immediately because law enforcement may not gather all of the potential evidence that can help you. Contact our office today to schedule a free initial consultation.
ARIZONA WRONGFUL DEATH CLAIMS – FREQUENTLY ASKED QUESTIONS:
Q: Can someone under the age of 18 file a Wrongful Death Claim?
A: Yes, through a personal representative or guardian ad litem to represent the child’s interests.
Q: How long do I have before I need to file a Wrongful Death Claim?
A: Wrongful Death Claims must be filed within the Statute of Limitations as provided by Arizona Statutes, which is generally two years from the time of the accident. However, because the time limit may begin running at various times depending on the circumstances surrounding the death (such as a death caused by a government entity–City, County, State, of Federal Government) it is imperative that you seek advice from experienced attorney as soon as possible to ensure your loss does not go uncompensated.
Q: Can I recover punitive damages from the wrongdoers who caused the death of my spouse/child/parent?
A: Arizona law allows punitive damages if the wrongdoer caused the death of the decedent through malice, willful acts, or gross or wanton negligence. These punitive damages are not capped by statute like in other States.
Q: Does it matter if the deceased was partially at fault?
A: Arizona law uses a pure comparative negligence model. This means that the plaintiff can sue if the deceased happens to be at fault.
Each defendant is only liable for his or her percentage of fault and the plaintiff will still able to recover damages minus the percentage of fault that he or she was negligent.