Losing a loved one due to the careless, negligent, or intentional actions of somebody else is incredibly difficult. When these cases arise, family members may be able to recover compensation for their losses through a wrongful death lawsuit in Arizona. It is important to understand how wrongful death cases arise, whether or not this is a civil or criminal action, and who can file a wrongful death claim in this state.
Wrongful death cases can arise anytime a person loses their life due to the careless, negligent, or intentional actions of another person or entity. Arizona, like every other state in the country, has laws in place that allow the estate or family members of the deceased to file a wrongful death lawsuit against the alleged negligent party. Some of the most common causes of wrongful death in Arizona include:
Under Arizona’s wrongful death laws (A.R.S. Section 12-611), those allowed to file wrongful death claims in the state civil court include:
There may be various parties that could be held liable in the event a person loses their life due to careless or negligent actions of another. Depending on the circumstances surrounding the case, the following parties could be held liable:
Any party whose actions can be linked to the wrongful death of another could face an Arizona civil wrongful death lawsuit.
It is important to point out that many wrongful death cases arise due to a violation of Arizona law. It is not uncommon for a person to face criminal charges for the death of somebody else, but this does not mean that they cannot also face a civil wrongful death case. Criminal charges related to the wrongful death of somebody are completely separate from the civil wrongful death claims that family members may file.
Additionally, there does not have to be any criminal charges filed in order for a person to face a civil wrongful death lawsuit. These are two separate courts (criminal and civil).
Wrongful death claims in Arizona can become incredibly complicated, and surviving family members should speak to a wrongful death attorney as soon as possible. It is important to point out that there is a two-year statute of limitations in place for these claims. This means that if family members or the estate of the deceased fail to file a wrongful death lawsuit within two years from the date of the deceased person’s death, the court will likely refuse to hear the matter altogether.
A skilled Phoenix wrongful death attorney is going to provide you with a free consultation of your case and then outline the steps that will be taken in the lawsuit. Again, these cases can be complicated, and they will likely require extensive resources and investigation on the part of your attorney.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
