Losing a loved one is a tragedy. Nothing can replace that person. The only legal remedy in civil wrongful death claims is money. While no amount of compensation can bring a person back, help cope with the loss, or provide emotional reprieve, it is the only way the law can compensate a person for their loss.
What is a Wrongful Death Claim?
Many people are familiar with negligence cases. Which is the processes of proving a person or entity failed to exercise reasonable care and caused injury or damage to another person. While there are some similarities between negligence and wrongful death claims, there are also unique nuances.
Wrongful death claims are when an individual’s life is taken due to the negligence, recklessness, or intentional act of another person or entity. It is a civil claim, which can only be brought by certain relatives or representatives of the deceased.
When considering if a recovery is possible, a person must determine if they have a wrongful death claim, who can bring the claim, and what they can recover.
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Do I have a valid wrongful death claim?
The most common factor between negligence and wrongful death claims is the standard of proving who was at-fault. According to A.R.S. Section 12-611, a person can bring a wrongful death suit if the deceased could have filed a personal injury case based on the negligent or wrongful conduct that caused their death. Essentially, a wrongful death claim is a personal injury case where because the injured person passed away, someone else has to make the claim on their behalf.
To have a valid wrongful death claim, the legal survivor of the deceased must prove the at-fault person or entity acted negligently, recklessly, or intentionally, and these actions were the cause of death.
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Who can bring a wrongful death action?
Under A.R.S. § 12-612, only certain relatives or representatives can file a claim or a lawsuit against a defendant who caused the death of another. Arizona law refers to these individuals as statutory beneficiaries. You can only bring a claim if you are a statutory beneficiary, which is one of the following:
- The surviving spouse
- A surviving child of the decedent
- The guardian or parent of the decedent
- The personal representative of the decedent on behalf of the surviving spouse, child, or parent
- The personal representative of the estate on the estate’s behalf if none of these people survive the decedent
If you are not related to the deceased in one of the above-listed ways, then you cannot recover from the defendant for the death of another.
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What can I recover if I have a valid wrongful death claim?
If you can prove another person or entity was negligent and that negligence caused the death of a person who you are related to as a spouse, child, parent/guardian, or personal representative, then you may be able to recover the following damages:
- Burial and funeral costs
- Loss of your loved one’s income
- Lost rights to an inheritance
- Property losses
- Physical pain and suffering experienced by your loved one until he or she died
- Emotional trauma
- Loss of consortium or guidance
- Grief
Additional Factors to Consider
Even if a person bringing the claim is a statutory beneficiary, can prove the death was caused by another person’s or entity’s wrongful conduct, and has suffered loss and damages, there are still some factors that will determine if the claim is valid or if there is any compensation to recover.
Time Limit
Arizona law has time limits for wrongful death claims. (A.R.S.§ 12-542). This is referred to as the statute of limitations. This time limit is typically two years from when the harm is discovered or should have been discovered. There are exceptions to this rule when the at-fault person or entity is a government employee or organization. This is a very strict time limit, so it is important to talk to an attorney as soon as possible after an incident.
Recoverable Source
The amount of money a person can recover from a claim depends on the amount of damage incurred. As one can imagine, death is typically the worst possible outcome, which means these types of claims have high value. If the at-fault person or entity’s actions were covered by insurance, then that policy will step in and pay for the loss.
However, due to the high value of wrongful death claims, often there is not enough insurance to cover the true value of the claim. In these instances, an attorney can help investigate and determine if there are any other recoverable sources, such as underinsured motorists coverage if the incident involved an automobile, or other types of available insurance.
If there is no insurance covering the at-fault person or entity or the decedent, then there often is no recoverable source. As the saying goes, you cannot get blood from a stone. Meaning, if the person who caused the death does not have insurance, money, or assets, then it can be difficult to recover anything, even if a claimant proves all other factors. Again, an attorney will investigate any possible form of recovery to determine if there is a way to receive compensation in a wrongful death claim.
Rep Law Can Help
Rep Law attorneys take a compassionate approach to wrongful death cases. By doing so, we are able to get to know you and your situation, which helps determine the types and amounts of damages you may be entitled to.
If someone you loved passed away and you think someone else’s actions may have been the cause – contact us. There is no risk and no cost to find out if you have a claim. At Rep Law, we will give you our expert advice so you can get the answers you are looking for.
