WHAT IS WRONGFUL DEATH?

In Arizona, wrongful death is a death that is caused by a “wrongful act, neglect, or default” of another party. One way to consider the situation is that a wrongful death claim is justified if the act that caused the death could have justified a personal injury claim filed by the decedent had they not passed away.

Leading Causes of Wrongful Death in Arizona

At Rafi Law Group, our wrongful death lawyers have decades of collective experience working on complicated, sensitive, and high-stakes cases. In our many years of practice, we have helped clients with wrongful death cases that involved a variety of accidents and incidents. You can trust that we will know how to handle your case, too, no matter the details.

Common causes of wrongful deaths in Arizona include:

• Motor vehicle accidents, including those caused by drunk driving, distracted driving, or reckless behavior on the road.
• Medical malpractice, which can occur when healthcare professionals fail to provide adequate care or make mistakes during treatment.
• Workplace accidents, such as falls from heights, electrocutions, and machinery accidents.
• Faulty products that cause injury or death due to defects in design or manufacturing.
• Criminal acts such as homicide or assault.

Identifying Defendants in Arizona Wrongful Death Cases

We have brought successful wrongful death claims against many different types of defendants and liable parties. By investigating the accident or situation, we can uncover evidence of liability. The goal is to prove that the fault fully rests on the defendant, which will allow you to demand the most compensation possible for the loss of your loved one.

We can bring wrongful death claims against these parties and more:

• Individuals who caused the death through negligent or intentional actions, such as drunk drivers, doctors who committed medical malpractice, or individuals who committed homicide.
• Employers of individuals who caused the death while on the job, such as in workplace accidents.
• Manufacturers of products that were defective and contributed to the death, such as faulty car parts or dangerous prescription drugs.
• Property owners whose negligence led to a fatal accident on their premises, such as a slip and fall accident or swimming pool accident.
• Government entities that failed to maintain safe roads, bridges, or public spaces.

It's important to note that each case is unique and may involve different defendants or liable parties depending on the circumstances. Our qualified attorneys can help you determine who may be held responsible for their loved one's wrongful death and pursue legal action accordingly.

Understanding Wrongful Death and Survival Actions in AZ

In Arizona law, wrongful death lawsuits and survival actions are two separate legal claims that can arise from the same incident. While both involve a person's death, there are some key differences between the two.

• Wrongful death claim or lawsuit: A wrongful death lawsuit is a claim brought by surviving family members of the deceased against the party or parties liable for the death. The purpose of this claim is to seek compensation for damages such as medical expenses, funeral costs, lost income, and emotional pain and suffering. Wrongful death claims are meant to compensate the survivors or family members for the harm caused by the untimely loss of their loved one.
• Survival action: A survival action is a claim that arises on behalf of the deceased person's estate. This type of claim seeks to recover certain damages that would have been available to the deceased if they had survived, such as lost wages or earnings capacity, and any medical bills incurred before passing away.

While both types of claims may arise from the same incident, they have different purposes and beneficiaries. A wrongful death lawsuit benefits surviving family members while a survival action benefits the estate of the deceased person. Additionally, in Arizona law, only certain types of damages may be recovered in each type of claim. To learn more about the differences and how to handle both claims, you only need to come to one law firm: Rafi Law Group.

Eligibility to File a Wrongful Death Claim in Arizona

Arizona law only allows certain parties to file wrongful death claims, including:

1. Surviving spouse of the deceased person.
2. Surviving children of the deceased person.
3. Surviving parent or legal guardian of the deceased person if they were a minor.
4. Personal representative or executor of the deceased person's estate.

It's important to note that Arizona law also has specific rules regarding when a wrongful death claim must be filed. The statute of limitations for filing a wrongful death claim in Arizona is two years from the date of the deceased person's passing, which is not always the same date as when the fatal injury or illness first occurred. Families who have lost loved ones due to another party's negligence or intentional actions should consult with an experienced attorney who can help them understand their legal rights and options for pursuing a wrongful death claim.