When a loved one dies, it feels as if your entire world has come crashing down. It is a shattering blow, and unfortunately, you have to try and stay strong throughout the grieving process, as funeral preparations take up all your emotional energy. The situation is made even worse if your loved one has died due to the negligence of another person or institution. Although the very last thing you wish to think about is the filing of a wrongful death suit in Arizona, please remember it is your right, and once you are able to approach the topic, it is important to make this claim because there is a statute of limitations in place.
Grounds for a Wrongful Death Lawsuit in Arizona
If someone dies due to the reckless or negligent behavior of others, the surviving family members can file a wrongful death suit as a means of collecting damages for the death of a loved one. In essence, a wrongful death suit is a civil action that decides the amount of damages grieving family members should receive. collection laws in California
Of course, there is simply no sum of money on Earth that could ever come close to “making up for” the loss of someone you cherish, but ultimately it is a way to pay for the expenses associated with death, and perhaps more importantly, it is an acknowledgment from the parties in question that they are responsible.
The premise behind such a legal case is that not only did the deceased lose their life as a result of another person’s negligence or recklessness, the surviving family members have been severely affected emotionally and financially by the event. As well as being forced to pay funeral expenses, which are substantial in this era, the family that has been left behind must cope without the earning power of the deceased. Finally, there is the matter of emotional trauma, which is only natural after such a sudden and unexpected event.
If you wish to file a wrongful death lawsuit in Arizona, you will need to establish two things in order to have a chance at being successful:
- You must prove that someone else’s recklessness or negligence was the cause of your loved one’s death, as opposed to the incident being a result of the deceased individual’s own action or inaction.
- In the event you can prove the above, it is then necessary to show you have sustained significant emotional and financial loss due to the event.
It is also essential that you find out if your loved one was pursuing a personal injury suit against the defendant before their death. Due to “survivor statutes,” you may be able to continue with the personal injury suit in place of the deceased. Though this is a different lawsuit entirely, it may end up being combined with the wrongful death suit into one case.