Wrongful Death
A wrongful death occurs when someone dies as a result of actions or negligence of another party. The death can be the result of a vehicular accident, construction accident, slip and fall, medical malpractice, caregiver neglect, nursing home error or faulty road design, among other causes.
Though no amount of money will ever compensate for the tragic loss, surviving family members may be entitled to compensation for damages suffered as a result of the wrongful death. Descendants may recover damages for pain and suffering, emotional stress, medical costs, funeral expenses and lost income.
Arizona passed the Adult Protective Services Act (APSA) in 1988 to protect vulnerable adults from abuse. A vulnerable adult is someone over 18 who cannot protect themselves from various types of abuse because of a mental or physical impairment. When a vulnerable adult dies as a result of abuse, recklessness or negligence of another party, the family may be entitled to additional compensation under APSA.
Wrongful death lawsuits have an important social value because not only do they compensate the family, they hold negligent parties accountable for their actions and, hopefully, will help deter future misconduct.
The lawyers at the Khalidi Law Firm, PLLC have experience litigating wrongful death lawsuits and bringing wrongdoers to justice. We fully investigate the circumstances surrounding the death and hire a team of experts to demonstrate that the negligence of the defendant caused the victim’s death and prove that surviving family members have been injured as a result of their loss. If you suspect that the death of your loved one was the result of negligence, abuse or misconduct, the lawyers at the Khalidi Law Firm, PLLC will bring your family the justice you deserve.
Who can bring a wrongful death case?
In Arizona, the only persons who can bring such a claim are the parents, the wife or husband and natural children of the person who died. They may seek to be paid for any loss of financial support from their lost loved one, as well as their loss of love, guidance and companionship.
How long do I have to pursue a claim?
If you are unable to agree on an amount to settle your claim with the other party or their insurance company, you must file a lawsuit to protect your rights. For most wrongful cases in Arizona, you must file the lawsuit within two years of the death.
How are damages determined?
The decedent’s contributions in the past, their life expectancy at the time of their death, their health before the accident, their age, habits, occupation, past earnings and likely future earnings, and funeral expenses will be considered.
In Arizona, a family may also be entitled to punitive damages from emotional stress, pain and suffering. Depending on the circumstances surrounding the death, an Adult Protective Services Act (APSA) claim may also be made.
Do I need an attorney to pursue a wrongful death case?
In almost every wrongful death case, the potential plaintiffs should consult with an attorney. The law in this area is complex as to who is entitled to bring a case and who is entitled to a recovery. Even when the decedent was killed by a person with a relatively low insurance policy limit, it is wise to seek the advice of an attorney because an investigation may reveal other potential defendants who are responsible for the death and capable of paying damages.
Useful Links:
Civil Law Self-service Legal Forms for Superior Court Pima County