Criteria for Filing a Wrongful Death Suit in Arizona
When you’ve lost a loved one, no amount of restitution or validation will make the pain and grief heal faster. Nothing will help you heal except for time. Over time, you will find a “new normal” and learn how to adjust to life with your loved one gone. Dealing with the loss is difficult enough, but if your loved one is deceased due to a preventable circumstance, this process can be even more painful.
First and foremost, you need to take care of yourself and your loved ones. Seek professional, spiritual, or communal help for your loss. Friends and family will be there for you to lean on, and grieving with others can be cathartic. You may experience financial hardships as a result of this loss, as well. After you have appropriately tended to your present needs, however, you may elect to seek out compassionate and caring legal counsel from a Phoenix wrongful death attorney.
Damages in a wrongful death claim
A good rule of thumb for your ability to have a compelling wrongful death case is quite simple: If your loved one could have filed a personal injury suit had they lived, you will likely have the criteria for filing for wrongful death. The full criteria is outlined in Arizona law, specifically A.R.S. Section 12-611. You can file a wrongful death claim for your loved one if you are:
- The surviving spouse of the person who has wrongfully died
- A surviving parent or guardian of the deceased, including in the case of deceased minors
- Any child or children of the deceased person
- A personal representative of a deceased parent, guardian, spouse, or child
- The personal representative of the estate of the person who has wrongfully died
If you are awarded damages, these will be monetary in nature, as wrongful death is a civil suit, not a criminal one. It’s in your best interest to consult a Phoenix wrongful death lawyer if you believe you might have a claim. Our team includes three Arizona Bar Board Certified Specialists in Personal Injury and Wrongful Death Litigation that represents honest clients with veritable claims.
At Plattner Verderame, P.C., we do not charge our clients unless you win your case and are awarded damages. We only take cases on a contingency-fee basis, and will never ask for payment unless we obtain a verdict or settlement on your behalf. Call us at 602-266-2002, or contact us today to learn how our team of qualified and aggressive Phoenix wrongful death attorneys can help you.
Nick is a member of the State Bar of Arizona, the Arizona Association for Justice (formerly the Arizona Trial Lawyers Association) and the American Association for Justice (AAJ). He currently serves on the AAJ’s Political Action Task Force and its Oversight Committee, and on the Board of Governors for Revitalization in Arizona.
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