Coping with the Loss of a Loved One: Understanding Arizona Wrongful Death Lawsuits

Coping with the loss of a loved one can be an overwhelming experience, especially when financial burdens arise from their unexpected passing. In Arizona, certain family members of deceased victims have the legal right to seek compensation when the death is caused by another person’s negligence or wrongful actions. A Glendale wrongful death attorney at Lamber Goodnow can help explain your rights and provide compassionate representation to hold negligent parties accountable.

Arizona Wrongful Death Lawsuits

Prior to the enactment of Arizona’s wrongful death statute, common law only allowed injury victims to file personal injury lawsuits for compensation. The wrongful death laws now grant specific family members the right to pursue compensation for their loved one’s untimely death.

Eligibility for Filing a Wrongful Death Lawsuit in Arizona

Under Arizona law, only the following individuals can file wrongful death lawsuits:

• Victim’s surviving spouse
• Victim’s surviving children
• Victim’s surviving parents or legal guardians
• Executor or personal representative of the victim’s estate

Distinction between Wrongful Death Lawsuits and Criminal Homicide Cases

Wrongful death claims are civil lawsuits under state tort laws, while criminal cases proceed under criminal laws. The burden of proof differs, with a higher burden for criminal cases to protect the defendant’s freedom. Civil wrongful death lawsuits have a lower burden of proof and can still be filed even if a criminal case is pending against the defendant.

Proving Negligence in Wrongful Death Claims

Most wrongful death claims involve proving negligence. The plaintiff must prove each element of negligence by a preponderance of the evidence, which means it is more likely than not that the defendant’s actions caused the victim’s death and the plaintiff’s damages.

Comparing Wrongful Death Lawsuits and Survival Actions

Survival actions differ from wrongful death cases and can be filed when a person is wrongfully killed. The estate’s executor or personal representative can file a survival action, while only specific surviving family members can file a wrongful death lawsuit.

Potential Damages in a Wrongful Death Case

Damages in a wrongful death case may include:

• Funeral and burial expenses
• Loss of income
• Medical bills
• Property losses
• Lost rights to an inheritance
• Value of household contributions
• Emotional pain and suffering
• Loss of consortium, guidance, and companionship

Arizona does not cap the recoverable damages in wrongful death cases.

Talk to Our Glendale Injury Lawyers

In the difficult and emotional time following the loss of a loved one, seeking justice and compensation for their wrongful death can provide a sense of closure and financial relief. At Lamber Goodnow, our compassionate and experienced attorneys are dedicated to helping you navigate the complexities of a wrongful death lawsuit. Don’t hesitate to reach out and let us advocate for you and your family. Contact Lamber Goodnow today to schedule a consultation and take the first step towards achieving the justice your loved one deserves.