In Arizona, wrongful death refers to a death caused by another party's negligence or
wrongful act. In wrongful death cases, the surviving family members can take legal action against the at-fault party. Family members may be a:
- Spouse
- Child
- Parent
- Guardian
- Personal representative of the deceased individual
Wrongful death can result from both unintentional and intentional conduct. Common types of wrongful death lawsuits include car accidents, workplace accidents, defective products, premises liability and criminal acts.
Wrongful death is not a crime. Instead, in a civil suit, the prosecuting party can request financial compensation for costs related to the deceased as well as the surviving family.
What Are General Damages for Wrongful Death?
Damages awarded generally fall into two categories: losses related to the death of the victim and damages suffered by the surviving family members.
The surviving party may file a wrongful death lawsuit if, in the event the decedent did not die, the victim would have filed a personal injury lawsuit for injuries sustained. In most situations, the statute of limitations for filing this lawsuit is
two years.
Damages related to the victim may include:
- Medical expenses before death occurred
- Funeral and burial expenses
- Property damage
- Lost wages in the event the victim had survived
- Pain and suffering experienced by the deceased prior to death
Damages awarded to family members may include lost wages, loss of care or companionship and emotional suffering. The prosecution may also seek punitive damages, although this is less common.
Determining the actual compensation varies based on the individual or entity who files the lawsuit. For example, a child's damages would differ from a personal representative's.
What Is the Difference Between Homicide and Wrongful Death?
