If your family member died due to another person’s carelessness or misconduct in Arizona, you may have grounds for a wrongful death lawsuit. While no level of compensation can ever replace your loved one, pursuing a wrongful death claim can provide a sense of justice and much-needed financial support during this difficult time. Our Care Team is here to help you understand Arizona’s wrongful death laws and determine if you have a case.
What Is Wrongful Death?
Wrongful death means a person died because of the “wrongful act, neglect, or default” of another, according to Arizona law.
Some common situations that lead to wrongful death lawsuits include:
- Car, truck, or motorcycle accidents caused by negligent drivers
- Medical malpractice or surgical errors
- Workplace accidents due to unsafe conditions
- Assaults or other criminal acts
- Defective or dangerous products
If the victim would have had grounds for a personal injury lawsuit had they survived, then their death is considered “wrongful” under the law. However, proving fault in these cases requires clear evidence that the responsible party acted negligently or recklessly. An experienced wrongful death advisor can help gather the facts to build a strong claim.
Filing a Wrongful Death Lawsuit in Arizona
Arizona’s wrongful death statute specifies that only certain family members are allowed to bring a wrongful death claim:
- The surviving spouse
- Any surviving children
- A surviving parent or guardian
If none of those relatives are alive, then a wrongful death case can be filed by anyone who was financially dependent on the deceased. When multiple family members are eligible to file, they will need to agree on a single personal representative to handle the claim on behalf of all beneficiaries.
What Damages Are Available?
A successful wrongful death lawsuit in Arizona can provide compensation for both economic and non-economic losses related to the death. This includes things like:
- Funeral and burial expenses. No one plans for these sudden costs. A wrongful death claim can help recover the money spent on laying your loved one to rest.
- Medical bills from before death. If your family member was hospitalized or needed treatment for their fatal injury, those expenses can add up fast. You shouldn’t have to pay for care that was only necessary because of someone else’s mistake.
- Lost income and benefits the deceased would have earned. This is the money your loved one would have made at their job if they had lived. It can also include retirement benefits and health insurance coverage.
- Pain and suffering of the deceased before they died. Even if your loved one died quickly, you may be able to recover from the physical and emotional distress they experienced.
- Loss of care, companionship, and guidance from the deceased. There’s no way to truly measure the value of a person’s love and support. But in a wrongful death case, you can receive compensation for the loss of the relationship you and your family would have had with them.
- Emotional distress of the surviving family members. Losing someone suddenly and senselessly takes a major toll. A wrongful death claim recognizes the real mental impact of grief.
There are no caps or limits on wrongful death damages in Arizona. The amount awarded will depend on the unique facts of each case – every life is equally precious under the law. An attorney can estimate the potential value of your claim and fight for every penny your family deserves.
How Long Do You Have to File a Claim?
Arizona’s wrongful death statute is generally two years from the date of the person’s death. If you miss this strict legal deadline, the court will almost certainly dismiss your case. That’s why it’s important to talk to an attorney as soon as possible if you think you may have a wrongful death claim.
Are Wrongful Death Settlements Taxable?
In general, money received from a wrongful death settlement or jury verdict is not considered taxable income at the federal level. According to the IRS, this type of compensation falls under the tax code exception for damages received “on account of personal physical injuries or physical sickness.”
However, if any part of the settlement or award is specifically for punitive damages (meant to punish the defendant) rather than compensatory damages, that portion may be taxable. Also, if you deducted the deceased person’s medical expenses on a prior year’s income tax return, that amount may now be taxable if it was reimbursed through the settlement. An accountant or tax attorney can advise you on any potential tax implications in your specific case.
How Our Team Can Help
We know that dealing with the legal aspects of a loved one’s death can feel overwhelming. You’re already grieving this enormous loss – you shouldn’t have to worry about complicated court procedures and paperwork, too. That’s where we come in.
Our compassionate care team is here to guide you through every step of the legal process. We’ll listen to your story, answer all your questions, and give you an honest assessment of your wrongful death case. If you decide to move forward with a claim, we’ll handle the heavy lifting of investigating, negotiating, and litigating your case. Our goal is to make this difficult time a little easier for you and your family.
We can connect you with an experienced local attorney who specializes in Arizona wrongful death cases. You can rest assured that your case will be handled by skilled, caring hands.
Take the First Step Today
If you believe your loved one’s death was caused by another’s negligence, don’t wait to explore your legal options. The sooner you reach out, the sooner we can start working to get your family the justice and financial security you deserve.
Contact our Care Team today for a free, no-obligation consultation. Together, we can determine the best path forward for you and your family during this challenging time.
