The death of a loved one is arguably the most difficult time you will face in your lifetime. When the death is from negligence or could have been prevented, your grief can worsen. A wrongful death claim can be filed for numerous reasons against individuals, manufacturers of products or pharmaceuticals, property owners and many others. These lawsuits can be filed by surviving spouse, parent(s) or child(ren) under Arizona Revised Statute §12-612 to find justice for the wrongdoing.
Compensation for wrongful death of a spouse, parent or child is for the past and future:
- Loss of love, affection, companionship, care, protection and guidance.
- Pain, grief, sorrow, anguish, stress, shock and mental suffering.
- Income and services lost and reasonably probable to be lost in the future.
- Reasonable funeral and burial expenses.
Examples of what is considered wrongful death include:
- Death Due to Elder Abuse or Neglect: Elder abuse is common in nursing homes in the U.S. and can easily lead to the death of your loved one. There are many ways elder abuse can result in death such as life-threatening infections caused by unsanitary conditions or physical abuse.
- Death Caused by Product Liability: Defective or dangerous products can lead to severe injuries and death and may involve medications, medical devices, household products, toxic food products or motor vehicle parts.
- Death by Medical Malpractice: Medical error is the third leading cause of death in the United States and can be caused by surgical error, medication overdose and any number of medical mistakes or deviations from the standard of care.
- Unsafe Premises Fatalities: Death that occurs on an individual’s or company’s property due to unsafe premises could warrant a wrongful death claim.
- Reckless or Negligent Drivers: An automobile becomes a powerful weapon when the driver is not paying attention, is texting, intoxicated, etc.
There are countless instances of wrongful death claims. The best way to determine if you have a lawsuit is to schedule a consultation with our attorney to discuss the specifics of your case. Remember, the statute of limitations for wrongful death lawsuits in Arizona is normally two years from the day of your loved one’s passing or much less if a government entity caused the harm.
If you believe you may have a wrongful death claim, please contact the Jensen Phelan Law Firm, P.C. in Prescott today at 928-778-2660 for a FREE case evaluation. Our attorney serves clients throughout Northern Arizona including Prescott, Prescott Valley and Cottonwood.