Losing a loved one in a fatal accident is one of the most devastating experiences you can endure. The grief and emotional suffering can feel overwhelming, and on top of that, you may face financial challenges stemming from the loss. If your loved one’s death was caused by someone else’s negligence or wrongdoing, Arizona law provides a path for families to seek justice and compensation through a wrongful death claim.
Understanding Wrongful Death Claims in Arizona
A wrongful death claim is a legal action filed when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party, such as the aftermath of a fatal accident. The purpose of this claim is to provide surviving family members with financial compensation for the losses they’ve suffered due to the death.
Arizona law recognizes wrongful death claims as a means to hold responsible parties accountable while providing some measure of justice, closure, and financial relief to grieving families. Each state has its own wrongful death statutes, so the rules that apply in Arizona might not apply exactly the same way elsewhere.
Who Can File a Wrongful Death Claim in Arizona?
Arizona has specific rules about who is legally permitted to file a wrongful death claim.
Under the law, the following individuals may initiate a wrongful claim:
- Surviving spouse of the deceased
- Surviving children of the deceased
- Surviving parents of the deceased
If no immediate family exists, a personal representative of the deceased’s estate may bring the claim on behalf of surviving beneficiaries instead.
It’s important to note that these laws are rigid, and claims must be filed by eligible parties, often within a structured legal framework. For example, if there is no surviving spouse or the surviving spouse does not want to start a wrongful death claim, then any surviving children (biological or adopted) would then have the opportunity to start the claim.
What Damages Can Be Recovered in a Wrongful Death Claim?
A wrongful death claim in Arizona seeks to compensate family members for both economic and non-economic losses, such as:
- Medical expenses incurred prior to your loved one’s passing
- Funeral and burial costs
- Lost income and financial support, including future wages the deceased would have provided
- Loss of companionship and care
- Pain and suffering experienced by the survivors
Statute of Limitations for Wrongful Death Claims in Arizona
Arizona imposes a statute of limitations on wrongful death claims, meaning you only have a limited time to take legal action. Generally, you must file the claim within two years of the date of your loved one’s death. Failure to file within this timeframe can result in losing your right to seek compensation through the civil court.
However, some exceptions may alter this deadline. For example, if a government entity is involved, a claim must typically be filed within six months.
How MayesTelles PLLC Can Help You
MayesTelles PLLC is a trusted name in Phoenix, Arizona, when it comes to handling wrongful death claims for clients who have lost loved ones in fatal accidents. We have extensive experience with high-stakes and highly sensitive wrongful death cases, so you know that we will always show respect and compassion when progressing your claim. As a team comprised of talented trial attorneys, we are always ready to fight tirelessly to hold the responsible parties accountable even when that requires us to go to court.
Our team prioritizes your family’s well-being and honoring the memory of your loved one. Learn how legal action may be able to help you move forward. Begin with a free consultation, where you can discuss your case with one of our compassionate attorneys. Call (602) 428-7104 for more information.