Wrongful death is a tragic event that can occur as a result of someone’s negligence or intentional act. When a person dies due to the wrongful act of another person or entity, the surviving family members can file a wrongful death claim. In Maricopa County, Arizona, these claims are governed by state law and can provide compensation for the deceased person’s losses and damages. In this blog post, we will discuss wrongful death claims in Maricopa County and how they work.
What is a wrongful death claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who died due to the wrongful act, neglect, or default of another person or entity. These claims can arise from a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, and intentional acts like homicide. In Maricopa County, Arizona, the surviving family members can file a wrongful death claim to recover damages for the losses and expenses associated with the death of their loved one.
Who can file a wrongful death claim in Maricopa County?
In Maricopa County, Arizona, the surviving spouse, children, or parents of the deceased person can file a wrongful death claim. If none of these individuals are available or willing to file a claim, the personal representative of the deceased person’s estate can file a claim on behalf of the surviving family members. Additionally, if the deceased person was a child, the legal guardians or parents of the child can file a wrongful death claim.
What damages can be recovered in a wrongful death claim in Maricopa County?
The damages that can be recovered in a wrongful death claim in Maricopa County, Arizona, include economic and non-economic damages. Economic damages are the tangible financial losses suffered by the surviving family members, such as medical expenses, funeral and burial costs, lost wages, and future earning capacity. Non-economic damages are the intangible losses suffered by the surviving family members, such as pain and suffering, emotional distress, loss of companionship, and loss of consortium.
How do wrongful death claims work in Maricopa County?
In Maricopa County, Arizona, the wrongful death claim must be filed within two years of the date of the deceased person’s death. The claim must include a detailed description of the circumstances surrounding the wrongful death and the damages suffered by the surviving family members. Once the claim is filed, the defendant has the opportunity to respond and either accept or deny liability for the wrongful death.
If liability is accepted, the parties will negotiate a settlement amount. If the defendant denies liability, the case will proceed to trial. At trial, the plaintiff must prove that the defendant’s wrongful act or negligence caused the death of the deceased person and that the surviving family members suffered damages as a result. If the plaintiff is successful, the court will award damages to the surviving family members.
Conclusion
Wrongful death claims in Maricopa County, Arizona, provide a means for the surviving family members to recover damages for the losses and expenses associated with the death of their loved one. These claims can be complex, and it is important to work with an experienced attorney who understands the legal process and can help you navigate the complexities of the case. If you have lost a loved one due to the wrongful act of another person or entity, contact a wrongful death attorney in Maricopa County to discuss your legal options.
Call us at any time to discuss your case. We are compassionate and understanding legal advocates.