Posted on:Jul 07, 2022

What You Should Know About Wrongful Death Claims

HomeBlogWhat You Should Know About Wrongful Death Claims

Dealing with a death can be extremely painful, especially when a family member or friend is taken too early. In the case of wrongful death, a victim’s death is caused by another person’s extreme negligence or wrongdoing. If a victim’s death didn’t ensue, then they could have sought to bring legal action against the negligent party. Wrongful death can have many causes, including: 

  • Automobile accidents
  • Medical accidents, including malpractice 
  • Workplace accidents 
  • Defective products, including faulty vehicles 
  • Animal bites and attacks
  • Nursing home abuse and more 

While dealing with wrongful death can be extremely painful, a lawyer can help. While nothing can bring your loved one back, a wrongful death attorney can make the legal process easier. We’ll explore essential facts you should know about wrongful death and answer frequently asked questions. 

Who Is Eligible to File a Wrongful Death Claim in Arizona?

According to Arizona law, the following parties may file and bring about a wrongful death claim in Arizona’s civil courts: 

  • The surviving spouse of the deceased party 
  • Any surviving children 
  • A surviving parent or guardian of the dead party 
  • If the deceased party had a personal representative or executor, they might file a claim. Additionally, a personal representative or executor of the party’s children, guardian, or parent may also file a claim. 

What Forms of Compensation Are Available in a Wrongful Death Claim?

Ultimately, there are three forms of compensation following a wrongful death claim: 

Economic Damages

Economic damages refer to any expenses or damage that can more easily be calculated. These damages often carry an exact dollar figure and, in the case of wrongful death, may include costs like: 

  • Any medical expenses the deceased had. For example, if they were provided treatment for the incident while in the hospital before perishing. 
  • Funeral costs 
  • Financial support for the spouse or children in the case of a loss of income. 
  • The repair or replacement of property damage involved in the incident

Non-Economic Damages

Non-economic damages are harder to calculate as they don’t always carry an exact dollar figure. Examples can include: 

  • Pain and suffering 
  • Emotional distress, including the development of conditions like PTSD 
  • An overall reduction in quality of life

Punitive Damages

In some wrongful death cases, it might be possible to pursue punitive damages. While economic and non-economic damages help a deceased’s family be “whole” following a wrongful death, punitive damages punish the negligent party. However, you can’t pursue wrongful death against public entities or employees in Arizona. 

How Can an Attorney Help?

A wrongful death attorney can help in various ways. Besides ensuring your claim meets all the requirements and legal documentation, they can also help you build a stronger claim. If necessary, a wrongful death attorney can also negotiate with insurance companies to help you receive a better settlement that can help you pay current and future expenses and compensate for issues like pain and suffering. Wrongful death cases often don’t go to court, but when they do, an attorney can also represent you, the deceased family member, and the case. 

For a wrongful death lawyer in Glendale, AZ, the Saavedra Law Firm, PLC team can help! 

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