Wrongful Death

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First and most importantly, if someone you know passed away due to the actions of another, we are so sorry for your loss.

Death is a tragedy that is hard to endure even when it is expected. When someone dies due to an accident, it can be debilitating for those left behind. The law inadequately compensates those who have lost a loved one. No amount of money can ease the pain of losing someone close to you, but it may help ease the stress associated with financial burdens. Our attorneys are here to ensure you receive the compensation you are entitled to after losing someone you love.

Do I have a valid wrongful death claim?

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 the injured person can no longer bring the case of their own behalf so certain family members seek compensation in their place.

To have a valid wrongful death claim, the family member initiating the claim must prove the at-fault person or entity acted negligently and their negligence was the cause of the death of their loved one.

Who can bring a wrongful death action?

Under A.R.S. § 12-612, only certain people can file a lawsuit against a defendant who caused the death of their loved one. You can only bring a claim if you are one of the following parties:

  • 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
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What can I recover if I have a valid wrongful death claim?

If someone else’s actions caused the death of a loved one then the following damages may be available:

  • 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

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.

We’re ready and available to help you with your Personal Injury and Estate Planning needs today.

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