Wrongful Death – Tucson Arizona Injury Law

Wrongful Death

Tucson Accident Lawyers

negligence1Wrongful Death is a lawsuit which is brought by a close family relative against the person or entity which caused the death of a loved one due to a negligent act. It can be an emotional and financial devastation to the family involved. When a loved one is wrongfully killed, not only is there mental anguish but there are often medical, hospital and funeral expenses which must be addressed.

Who receives the proceeds of a Wrongful Death lawsuit or claim?
The close family relative is the one that is asking to be compensated for the taking of life of another close family member. A wrongful death claim allows the surviving relative a cause of action which entitles him/her to recover for the loss of financial support, love and affection, companionship and care that would normally be provided by the deceased had he/she not died.

Does the Individual who has died have any rights to claim monies recovered under a Wrongful death lawsuit or claim?
Generally, the estate of the deceased would not have any right to make a claim for pain and suffering of the deceased. However, the personal representative for the estate of the deceased can bring a claim for medical, funeral or any expenses directly related to the accident.

Who has a right to claim proceeds for a wrongful death claim?
Under Arizona law, the only individuals who are entitled to bring a wrongful death lawsuit are:

  1. Parents of the deceased
  2. Surviving husband/wife and
  3. Surviving children.

Who is a surviving spouse?
In Arizona, you can only recover under a wrongful death action if you are married to the deceased. Arizona does not recognize common law marriages where two people have lived together for a long period of time without getting legally married.

What kind of Damages can a person recover under a wrongful death claim?

  1. Medical and funeral expenses associated with the death of the family member
  2. Loss of victim’s anticipated earnings in the future up until the time of the victim’s anticipated retirement age or natural death.
  3. Pain and suffering or mental suffering to the survivor.
  4. Loss of companionship, love and affection.
  5. Punitive Damages meant to punish the person or organization causing the death if their conduct was willful or wanton in nature.

What should I do if I think that I have a wrongful death case?

  1. Gather as much information As you can with respect to the events surrounding the death and get the names, addresses and phone numbers of all potential witnesses.
  2. Make sure you have a copy of the death certificate.
  3. Get a full copy of the incident or accident report that was prepared by the law enforcement agency investigating the accident involving the deceased.
  4. DO NOT SIGN ANYTHING RELATING TO THE ACCIDENT–ESPECIALLY ANY TYPE OF REQUEST FOR RELEASE OF INFORMATION.
  5. Don’t talk to the responsible parties legal or any other representative, including any insurance representative.
  6. Notify all of your insurance carriers including your automobile insurance, home insurance and life insurance representative.
  7. Contact The Cabrera Law Firm at (520) 792-9292 immediately in order to ensure that your rights are adequately protected and that all potential evidence and witnesses are preserved.
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