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Losing a loved one due to someone else’s negligence or misconduct is devastating. While no amount of compensation can truly make up for your loss, filing an Arizona wrongful death claim can help your family find justice and financial stability during this difficult time. It’s important to act quickly, as there is a limited timeframe to file such claims after a loved one’s death. If you’re considering pursuing a claim, it’s crucial to understand Arizona’s statute of limitations for wrongful death cases.
Wrongful death in Arizona is defined as the death of a person caused by the wrongful act, neglect, or default of another individual or entity. This can encompass a range of situations, including deaths resulting from negligence, recklessness, or intentional actions. Arizona’s Wrongful Death Statute, specifically outlined in A.R.S. 12-611, 12-612, and 12-613, provides the legal framework for filing a wrongful death lawsuit. According to the statute, the party or corporation responsible for the wrongful act that led to the death can be held liable for damages. Importantly, any amount recovered through such an action is not subject to the debts or liabilities of the deceased, unless the lawsuit is brought on behalf of the deceased person’s estate.
In Arizona, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s passing. Understanding the Arizona wrongful death statute is crucial, as it outlines the legal rights and deadlines for filing such claims. This means you must file your claim within this time frame to preserve your right to seek compensation.
If the claim is not filed within the two-year period, the court will likely dismiss the case, and you will lose your opportunity to pursue justice and damages.
While the two-year limit is standard, certain circumstances may affect the filing deadline for wrongful death lawsuits, including:
Missing the statute of limitations deadline for filing a wrongful death lawsuit in Arizona can have severe consequences. The statute of limitations for wrongful death claims in Arizona is two years from the date of the deceased person’s death. If you fail to file your wrongful death claim within this period, you may lose the right to seek financial recovery and hold the responsible party accountable. Courts strictly enforce these deadlines, and if you miss the deadline, the opposing party can file a motion to dismiss your case. Only in limited circumstances will courts allow cases filed after the deadline to proceed. Therefore, it is crucial to act promptly and consult with a wrongful death attorney to ensure your claim is filed on time.
Under Arizona law, only specific individuals have the legal right to file a wrongful death claim, including:
A wrongful death suit can be filed by these eligible parties under certain conditions. The suit allows for the recovery of both economic and noneconomic damages, providing compensation for losses such as medical expenses, funeral costs, and emotional suffering.
If none of these parties exist, the claim may still be pursued by the deceased’s estate for the benefit of any next of kin.
To successfully pursue a wrongful death claim in Arizona, you must demonstrate that the defendant was negligent or at fault and that this negligence or fault directly caused the death of your loved one. Proving negligence involves several key steps, including gathering substantial evidence such as photos or videos of the incident, witness statements, police reports, and medical records. You must also establish that the defendant owed a duty of care to the deceased person and that they breached this duty, leading to the fatal outcome. Additionally, it is essential to show a direct causal link between the defendant’s actions or inactions and the death. A Phoenix wrongful death attorney can assist you in collecting the necessary evidence and building a compelling case to prove negligence in your wrongful death claim.
A wrongful death lawsuit allows surviving family members, who are wrongful death victims, to recover compensation for both economic and non-economic damages, including:
Wrongful death victims face significant emotional tolls and complexities in navigating the legal system. They can seek various types of compensation to help alleviate some of these burdens.
In cases where the at-fault party acted with extreme negligence or intentional misconduct, punitive damages may also be awarded to punish their actions and deter similar behavior.
In Arizona, a survival action is a legal claim that seeks compensation on behalf of the deceased person for losses incurred before their death, such as medical bills and lost income. Survival actions can also cover funeral expenses and pre-death pain and suffering, although compensation for pre-death pain and suffering is excluded in Arizona. It is important to note that a survival action is distinct from a wrongful death lawsuit, which aims to compensate the deceased person’s family members for their losses. A Phoenix wrongful death attorney can help you understand the differences between a survival action and a wrongful death lawsuit and determine which type of legal action is most appropriate for your case.
Although two years may seem like a long time, building a strong wrongful death case takes preparation and time. Evidence must be gathered, witnesses interviewed, and legal documents prepared. Additionally, insurance companies and opposing parties often try to delay the process, making it even more critical to act quickly. Seeking the help of an Arizona wrongful death lawyer immediately after a loved one’s death ensures timely action and proper legal guidance to navigate the complexities of wrongful death claims.
At Viper Law Group, we understand the emotional toll a wrongful death takes on a family. Our compassionate and experienced wrongful death attorneys are here to provide the support and guidance you need during this difficult time. Our attorneys have extensive qualifications and experience in handling complex legal cases involving the loss of a loved one. When you work with us, we will:
We work on a contingency fee basis, meaning you don’t pay unless we win your case.
If you’ve lost a loved one due to someone else’s negligence, don’t wait to seek legal help. Contact a wrongful death lawyer at Viper Law Group today for a free consultation. We’ll help you understand your rights, navigate Arizona’s wrongful death laws, and fight to secure justice for your family.
8245 N 85th Way,
Scottsdale, Arizona 85258
RESULTADO DEL CASO:
Tribunal Federal | 4 de septiembre de 2020
«Tratamos cada caso, sin importar su complejidad, exactamente igual... que nuestro caso más importante. Después de todo, podemos ocuparnos de muchos casos, pero este es el único caso de nuestro cliente. Saber esto nos permite trabajar las noches y los fines de semana que trabajamos, porque el dolor de nuestros clientes no les quita tiempo libre».
