How Do I File a Wrongful Death Claim?
Wrongful death claims are brought against a defendant who caused someone’s death through intentional harm or negligence. Wrongful death claims allow the estate of the deceased person to bring a lawsuit against the party who is liable for their death. This type of lawsuit allows a family to collect monetary damages for the untimely death of their family member.
These claims are applicable when a victim who would otherwise have a personal injury claim is killed as a result of the defendant’s negligence or intentional harm. The foundation of these claims lies in the fact that the family members were directly impacted emotionally and financially by the untimely death of their loved one.
To learn more about your legal rights, call the Phoenix wrongful death attorneys of Zinda Law Group at (800) 863-5312 for a free consultation with one of our skilled personal injury lawyers.
What to Know About Wrongful Death Claims
What Has to Be Established?
In order to bring a successful wrongful death claim, the following elements must be present:
- The death of a human being;
- Caused by another’s negligence or intentional act;
- Survival of family members who are suffering financially as a result of the death; and
- The appointment of a personal representative for the decedent’s estate.
Who Can File a Wrongful Death Lawsuit?
State law specifies who can file a wrongful death lawsuit. All states allow surviving spouses and children to file these claims. Some states allow extended family members to file these claims. The family must open a probate estate in order to sue on behalf of their deceased family member.
If a person dies with a will, the court will appoint an executor or personal representative to administer the estate. In most states, if the court appoints an executor or personal representative, that person has the sole right to bring a wrongful death lawsuit on behalf of the decedent.
When Must a Wrongful Death Lawsuit Be Filed?
Each state has a statute of limitations for when these types of claims must be filed. The length of time varies by state, but no state has a wrongful death statute of limitations deadline shorter than one year. In Arizona, the statute of limitations extends two years from the date of the decedent’s death.
Type of Damagestuc
There are various types of damages that a family may be able to collect once they have established a successful wrongful death claim:
- Medical bills
- Funeral and burial expenses
- Lost wages the deceased person would have earned based on normal life expectancy
- Compensatory damages for pain and suffering of the family
- Punitive damages intended to punish the person who caused the death (not all states allow this)
Experienced Phoenix Wrongful Death Lawyers
If you have lost a loved one due to the negligence of another, the Phoenix wrongful death attorneys at Zinda Law Group will help you seek the compensation you deserve. We have the knowledge and resources necessary to build the strongest case possible, and you will pay nothing until we win.
Call Zinda Law Group today at (800) 863-5312 for a free consultation with one of our Phoenix wrongful death lawyers. Meetings with attorneys by appointment only.