A wrongful death case can be a difficult time for a victim\u2019s loved ones, but there is some legal recourse for close relatives who experience pain and suffering as a result of an unjust incident. Wrongful death statutes laws are covered by Arizona Revised Statutes Section 12-611 to 12-613.\u00a0<\/span><\/p>\n These three sections explain the basics of wrongful death: when a lawsuit can occur, who can file suit, and what damages may be awarded. For those looking to <\/span>file a wrongful death lawsuit<\/span><\/a>, the statutes provide a good starting point for learning more about what wrongful death entails in Arizona.<\/span><\/p>\n The first section of the Death by Wrongful Act article, <\/span>A.R.S. 12-611<\/span><\/a>, essentially states that a wrongful death suit can be filed if a person wrongfully lost their life in an incident where the act of death was unjustified or avoidable and would have typically fallen under the scope of a personal injury case.<\/span><\/p>\n The statute then states that the liable party can be held for damages. This means that the death must have occurred due to a \u201cwrongful act, neglect or default.\u201d If this is the case, then the statutory survivors \u2013 who will be described below \u2013 may pursue a wrongful death suit against the liable party for the pain, suffering, and financial damages they experienced as a result of the death.<\/span><\/p>\n A.R.S. 12-612<\/span><\/a> states that a lawsuit for wrongful death can only be brought by specific survivors, known as statutory beneficiaries. These individuals are a select few specified by Arizona law who have a close, qualifying relationship to the victim of wrongful death and can claim damages.<\/span><\/p>\n Under Arizona statute, statutory beneficiaries are:<\/span><\/p>\n If none of the above apply, the estate of the deceased could bring a wrongful death claim. This statute excludes some of the common survivors who cannot, under Arizona law, file a wrongful death suit:<\/span><\/p>\n These groups are often not regarded as high on the hierarchy of inheritance laws or included at all, and this carries over into wrongful death cases. While some states allow same-sex partners to file wrongful death suits, Arizona is not among them. However, if the victim of a wrongful death had an established will or trust naming any of the above parties, they may have some opportunity for compensation, but just not under a wrongful death case.<\/span><\/p>\n It\u2019s also important to know that there is a two-year<\/span> statute of limitations<\/span><\/a> on wrongful death lawsuits in Arizona. If you believe you have a case for a wrongful death lawsuit, you should begin seeking legal recourse as soon as possible to ensure you remain within the statute of limitations.<\/span><\/p>\n When a wrongful death suit is filed, there is only one plaintiff, even if multiple survivors are able to file the action. When this occurs, a singular plaintiff represents the collective group of eligible survivors, and A.R.S. 12-612 states that the compensation, if any, will be allocated according to the survivors \u201cin proportion to their damages,\u201d which is decided by the court. If the estate of the deceased receives the compensation, it will be considered an asset of the estate.\u00a0<\/span><\/p>\n When wrongful death damages are assessed, they are based on many factors, including the survivors\u2019 financial dependence on the deceased person. Additional factors that can determine the court\u2019s allocation of damages include lost income and support, emotional distress, and the age of the surviving parties.<\/span><\/p>\n A.R.S. 12-613<\/span><\/a> governs how damages are awarded, and though it is fairly broad \u2013 the jury must award damages that are \u201cfair and just with reference to the injury\u201d \u2013 there are many issues the court considers when evaluating damages. This includes:<\/span><\/p>\n Using these and other variables, the court will decide an appropriate level of compensation and as stated, distribute this to the statutory survivors as seen fit.\u00a0<\/span><\/p>\n The jury will also consider any aggravating or mitigating factors when deciding the amount of an award. Aggravating factors include factors like the degree of negligence or wrongdoing, criminal conduct by the responsible party, and the financial resources of the offender.\u00a0<\/span><\/p>\n Mitigating factors include available insurance coverage, whether the victim contributed to the incident through negligence, and whether the offender made good faith efforts to rectify the situation, among others.<\/span><\/p>\n Meanwhile, this section of the statutes also states that the damages awarded cannot be in any way subject to the debts and liabilities of the deceased, unless the compensation is going to the estate of the deceased. In the event that the compensation is tied to the estate, creditors may try to recover debts against the deceased party through the estate.<\/span><\/p>\n A case of wrongful death can be an extreme source of stress and sadness for the surviving relatives of a victim. However, a legal settlement can be a small form of reconciliation for people who have experienced a wrongful death case. Still, understanding how to navigate a wrongful death suit is complex, so it\u2019s important to have the right<\/span> personal injury attorney<\/span><\/a> by your side in the process.<\/span><\/p>\nARS 12-611: Wrongful Death Liability<\/h2>\n
ARS 12-612: Who Can File a Wrongful Death Lawsuit<\/h2>\n
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How Wrongful Death Amounts Are Distributed<\/h2>\n
ARS 12-613: How Wrongful Death Damages Are Determined<\/h2>\n
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Top-Rated Wrongful Death Counsel in Arizona<\/h2>\n