Phoenix Wrongful Death Lawyers Weintraub & Weintraub
Arizona law provides a remedy when someone wrongfully causes the death of another. Arizona
wrongful death claims can be advanced by the widow or widower; the surviving children or the parents
of the victim. Absent any of these parties, the decedent’s estate can pursue the claim.
However, brothers, sisters, and other relatives are not allowed wrongful death damages. There
is a two-year time limit for filing a wrongful death lawsuit in Arizona.
Whether or not there is a legal claim depends upon whether the death was the result of a wrongful act, which need not be intentional. A car accident and manslaughter can each be the basis of a wrongful death claim. Here, the wrongdoer is held legally responsible for that "wrongful death" and forced to pay monetary damages.
What are the damages in a wrongful death claim? While it is true that nothing can adequately remedy the loss sustained, Arizona law has provided certain categories of compensation. In wrongful death cases, Arizona juries are instructed by the judge that compensation can be awarded for the following:
Our firm has several locations to serve the Phoenix metropolitan area, including Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.
For more information:
"In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default."
Whether or not there is a legal claim depends upon whether the death was the result of a wrongful act, which need not be intentional. A car accident and manslaughter can each be the basis of a wrongful death claim. Here, the wrongdoer is held legally responsible for that "wrongful death" and forced to pay monetary damages.
What are the damages in a wrongful death claim? While it is true that nothing can adequately remedy the loss sustained, Arizona law has provided certain categories of compensation. In wrongful death cases, Arizona juries are instructed by the judge that compensation can be awarded for the following:
- The loss of love, affection, companionship, care, protection and guidance since the death and in the future.
- The pain, grief, sorrow, anguish, stress and mental suffering already experienced and reasonably probable to be experienced in the future.
- The income and services that have already been lost as a result of the death and are reasonably probable to be lost in the future.
- The reasonable funeral and burial expenses.
- The reasonable expenses of necessary medical care and services for the injury that resulted in the death.
Our firm has several locations to serve the Phoenix metropolitan area, including Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Surprise and Tempe.
For more information:
- National Center for Injury Prevention and Control
- National Violent Death Reporting System
- Arizona’s Wrongful Death Statute
"In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default."