Some Facts About Wrongful Death Action In Arizona

By Author: Garrett Tarbell
Total Articles: 21
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Each year, over a thousand people die because of car accidents on Arizona main roads. Under the Arizona law, survivors of those people who died might have wrongful death claims. This article will discuss how wrongful death claims work in Arizona. It will also tackle the compensations awarded on claims of this kind.

How Does One Present A Wrongful Death Case

Survivors of the deceased whose death was caused by another might present a lawsuit for wrongful death. The deceased person or the “decedent” should have had a convincing personal injury claim, In order to give way to a wrongful death claim. It signifies that the person responsible for the death would’ve been to blame if death had taken place. However, if the person responsible for the death would not have been guilty if death had not happened, then there is no accountability for wrongful death.

For Example:

An accident happens somewhere along a freeway. The careless driving of a pick-up truck driver caused the untimely death of one person and another was injured. The survivors of the deceased person are entitled to claim a wrongful death ...
... case while the person who obtained injuries can present a personal injury claim. Now let us put the situation in reverse. If the pick-up truck driver was not to blame for the accident, the survivors of the deceased and the injured person would not be granted to present their claims.

The Arizona Wrongful Death Statute

The Arizona Wrongful Death Statute permits a case of wrongful death to be produced by the remaining family or by the personal representative of the decedent’s estate. In addition the person passing the case is called the plaintiff. The case is followed for the advantage of the beneficiaries. The beneficiaries are the surviving family members i.e the spouse, children or the parents of the decedent. If the decedent does not have any survivors, then the decedent’s estate will be the beneficiary.

On behalf of all the beneficiaries, there is a single recovery by the plaintiff in a wrongful death action. This recovery will be distributed among the beneficiaries. However, if the recovery is presented on behalf of the deceased person’s estate the compensation will be allocated as stated by the decedent’s will. If there is no will available, the laws of intestate succession will indicate how the compensation will be distributed.

6 Kinds of Damages That Might Be Given In A Wrongful Death Case

The jury should provide damages as it thinks ethical and reasonable. There are 6 kinds of damages that might be awarded in a wrongful death action. They are as follows:

a. Medical costs - they are recoverable if the beneficiary or one of the beneficiaries paid for them.

b. Funeral/Burial costs - is the same as medical costs. They can be recovered only if the beneficiary/beneficiaries paid for them.

c. Loss of income and services - beneficiaries might claim damages for the financial loss they have experienced. The calculation of these damages is the loss of financial provision that each and every beneficiary would have obtained from the deceased person.

d. Pain, shock, emotional and mental suffering undergone by the survivors. - the beneficiaries or survivors might regain damages for their pain and emotional distress.

e. Loss of consortium damages - it also implies loss of affection, love, care and guidance. Survivors are entitled to receive damages for these.

f. Punitive damages - this is meant to penalize the guilty and they are recoverable if the person blamed for the death had malicious intent on his or her part. The damages given will depend on the situations surrounding the accident or act of negligence.

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