When a loved one dies due to wrongful death or medical negligence, the family member(s) of the deceased individual may be eligible for compensation. Wrongful death in Arizona is defined as a death caused “by wrongful act, neglect, or default.” (Arizona Revised Statutes § 12-611 (2021).)
If the deceased individual’s cause of death is due to negligence (for example, as a result of medical malpractice), a case may be filed by a medical malpractice lawyer.
Arizona law dictates who can file a wrongful death lawsuit. A deceased survivor may be a parent, spouse, or child of the deceased. All legal beneficiaries are entitled to compensation in wrongful death or medical malpractice lawsuit. Arizona Revised Statute 12-216 states the following survivors may be eligible to file a wrongful death lawsuit and potentially receive an award should the case settle or fall in their favor:
- Surviving husband or wife
- Child or children of the deceased
- Parent or guardian
- Decedent’s estate
How to File a Wrongful Death Claim
In the event a loved one or family member has died a wrongful death, the family and survivors are entitled to compensation for their loss. A wrongful death case can be filed with the assistance and guidance of a qualified attorney. The lawsuit may be filed if the person who is deceased could have filed a personal injury lawsuit based on the quality of care that contributed to an injury or death.
In short, improper conduct or negligent medical care resulting in a personal injury lawsuit is grounds for wrongful death. Since the person is deceased, the wrongful death lawsuit may be filed and pursued by the surviving family members.
What Damages Can Be Collected in Arizona Wrongful Death Cases?
There are two areas where damages may be collected from surviving family members in a wrongful death case. Economic loss pertains to the deceased monetary or economic contribution brought to a family or estate. Categories include:
- Lost wages,
- Financial loss
- Medical bills
- Funeral expenses
- Repair or replacement of property
Noneconomic damages are designed to compensate surviving family members with compensation for the considerable loss of companionship, time, and contribution to a household or family that does not have a monetary value. Noneconomic damages include:
- Loss of companionship, affection, and guidance
- Loss of enjoyment of life
- Pain and suffering
- Loss of contribution in a household
In Arizona there is no cap on damages awarded to a plaintiff in the event of a wrongful death lawsuit. A qualified wrongful death lawyer will fight for your right to compensation in the tragic event a loved one or family member has been lost due to medical negligence and wrongful death. You deserve to be compensated for the pain and suffering a tragic death has dealt a spouse or family. Call Snyder & Wenner for a free consultation regarding your case.