Death is tragic under most circumstances. However, if that death is preventable, it becomes a different story. Whether it is death that has been occasioned by a doctor’s failure to attend to your loved one or one that’s been caused by a drunk motorist, losing a loved one due to another person’s unlawful actions can be tough to deal with.
If you lose a loved one under such circumstances, you need to seek justice through a wrongful death lawsuit. However, it is important to understand that Arizona laws limit who can sue for wrongful death.
Filing a wrongful death lawsuit in Arizona
According to Arizona statute, death is deemed wrongful when it is attributable to another party’s neglect, wrongful act or default. This means the liable party’s actions or inaction could have entitled the decedent to a personal injury claim had they survived their injuries.
Since the victim cannot file the claim themselves, Arizona law allows the following people to file a wrongful death claim:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s parent or guardian
- The personal representative of the decedent’s estate
If the wrongful death victim is a minor, Arizona laws allow their parents or guardians to file the claim.
Types of damages you can claim in a wrongful death claim
There are various types of damages you can pursue when your loved one is wrongfully killed. Basically, these damages are divided into two categories: economic and non-economic. These damages usually include:
- Funeral and burial costs
- Medical costs incurred before the decedent succumbed to their injuries
- Lost income
- Loss of companionship
- Pain and suffering
If you lose a loved one due to another party’s wrongful actions, you need to explore your legal options so you can hold the responsible party accountable.