From a legal standpoint, wrongful death is when one person’s (or a business’s) negligence leads to the death of another person. This negligence can take the form of action or inaction. The loss of a loved one can be both emotionally and financially devastating. People file wrongful death claims to seek justice and to receive much-needed funds to pay bills, make up for lost income and cover the costs of funeral arrangements.

Can I File a Wrongful Death Claim in Arizona?

A wrongful death claim can be filed in Arizona if the deceased person would have had a legitimate reason to sue over the negligence that caused their death. A wrongful death claim must be filed within two years of the person’s loss of life due to the statute of limitations laws in Arizona. Arizona’s wrongful death law limits who may file a wrongful death claim to the following people:

• Children
• Parent/guardian
• A spouse
• A representative from the deceased’s estate

What Are Common Examples of Wrongful Death in Arizona?

Medical Malpractice

Medical malpractice is when the negligent actions of a doctor, nurse, surgeon or some other healthcare provider cause a patient to be harmed. In some situations, medical malpractice may result in the patient’s death. Misdiagnosis, surgical mistakes and medication errors are common types of medical malpractice that could result in wrongful death.  

Medical malpractice is hard to prove. Not every bad medical outcome rises to the level of malpractice. Unfortunately, the mistakes healthcare workers make have greater consequences than the mistakes of people in other professions. A corporate worker’s oversight may cause financial problems for their company or clients, but generally, nobody’s life is on the line.

Car Accidents

Drivers are expected to follow the rules of the road. Failure to follow these established rules jeopardizes the safety of everybody else on the road. Driving requires a great deal of mutual trust and responsibility. Failing to adhere to the rules of the road is inherently negligent, and any accidents, injuries or deaths that result from a motorist’s negligence makes them liable for the damages.  

Defective Products

Sometimes companies release products that turn out to be dangerous. Examples include recalled food or products like heating pads that electrocute people or malfunction and start a fire. In some circumstances, defective products are a result of companies cutting corners on materials or releasing products without performing adequate testing. Companies can be held financially liable for injuries or deaths caused by unsafe products.

What Are the Damages of Wrongful Death?

Damages in wrongful death claims refer to the plaintiff’s losses caused by their loved one’s death. There are economic damages and non-economic damages to consider in wrongful death lawsuits.

Economic Damages

If a household’s primary earner dies unexpectedly, anybody who relies on the income will have a hard time affording food, rent and other bills. Nobody wants to worry about their basic needs when they are grieving the loss of someone they love.

It isn’t enough to look at what the deceased was making currently. It is also vital to factor in their future earnings potential since their future earnings would have also contributed to the household in the years and decades to follow.

Other economic damages are expenses caused by the wrongful death, such as costly funeral and burial expenses or medical bills for life saving treatments that were attempted after their accident.

Non-Economic Damages

Non-economic damages are losses caused by a death that do not have an easily quantifiable monetary value. These are generally based on emotional ramifications rather than monetary losses. Examples are loss of companionship or loss of parental guidance.

When someone dies, their loved ones suffer from losing a life partner, parent or another figure they expected to have in their life for years to come. Actions the deceased performed should also be considered. Family members might have relied on them for transportation, household chores or cooking.

While it’s difficult to put a dollar amount on these things, attempting to do so is important for your family. 

How Can PHX Elite Help?

Grief is an important step in coming to terms with a loss, but it can be hard to grieve without stability.   At PHX Elite, we will help you find a qualified Phoenix wrongful death lawyer who will fight to get you the compensation you deserve.