In this post, we cover the elements needed to prove a wrongful death claim in Arizona. Outside of legally qualifying to bring a wrongful death claim, there are four elements you will need to prove:
If you have lost a loved one and need help proving these elements, call Stone Rose Law at (480) 498-8998 or use our contact form to speak with an experienced wrongful death attorney.
The first step in beginning a wrongful death claim is to be sure that you meet the legal requirements to be a plaintiff in a wrongful death lawsuit.
A wrongful death claim is much the same as a personal injury claim in Arizona. The main difference is that in a wrongful death claim, the surviving immediate vertical family members of the deceased victim have the right to seek recompense for the harm they have suffered because of the death of a loved one.
ARS 12-612 is Arizona’s own wrongful death statute. It allows a wrongful death claim to be brought by the following close family members and others:
The people listed above are the exclusive candidates to sue for wrongful death in Arizona. This means that the following people are ineligible to be plaintiffs:
In addition to wrongful death claims, Arizona law also allows for another way to hold someone responsible in civil court for causing the death of someone else. This alternative cause of action is called a survival action.
ARS 12-611 establishes liability for anyone who commits a wrongful or negligent act that leads to the death of another for legal claims the deceased person would have had against that person had they survived.
ARS 14-3110 is Arizona’s survival action statute. Under this law, most causes of action the decedent would have had if he or she had lived will survive that person’s death and can be made in court by the personal representative of the decedent’s estate.
In a survival action, a personal representative of the estate of the deceased can file a lawsuit against anyone who would have been liable to that person to recover damages that would have been owed by a negligent party.
In the case of a claim arising from the death of the decedent, some damages claims recoverable in a survival action include:
The key differences between a wrongful death action and a survival action are:
If you qualify as a plaintiff, the next step in a wrongful death action is to persuade a judge or jury in an Arizona civil court that it is more likely than not that all the required elements of a wrongful death cause of action exist.
We consider each of these Arizona tort law elements below.
When we interact with others, directly and often indirectly, we owe a duty to exercise reasonable care toward them.
For example, when you drive a car, you owe a reasonable duty of care to other drivers, pedestrians, and passengers in your vehicle not to drive in such a way that unreasonably puts them at risk of car accidents. You have a duty not to drive under the influence of alcohol or drugs, disobey traffic laws and signals, or to engage in reckless behaviors like firing a gun into the air in a public place.
Healthcare professionals like doctors have a reasonable duty of care to their patients not to engage in conduct when treating patients that other reasonable medical professionals in the same field would avoid doing.
Product manufacturers have a duty of care not to design or sell products that are dangerously defective to people who use them as intended by the manufacturer.
Property owners owe a reasonable duty of care to people who are lawfully on their property not to have dangerous conditions on the property that pose an unreasonable risk of harm.
So, the first thing you must show is that whoever caused the injuries that led to the death of your loved one owed a legally recognizable duty of care to your deceased loved one.
The defendant’s duty of care can be subject to some specific requirements, depending on who the defendant is.
The next step is to show that the person who caused the harm did so by breaching a duty of care.
For example, another driver was speeding at the time of a motor vehicle accident, a surgeon engaged in medical malpractice, a store owner maintained dangerous premises that caused an object to fall on the decedent, or a product manufacturer made a product that, even when used correctly, still caused injury.
The next element to show is that the person who caused the decedent’s injury was behaving purposefully, recklessly, or negligently when the injury occurred.
Negligent behavior is activity that a person knows, or should know, poses a risk of harm to someone else. For example, speeding or texting while driving are negligent behaviors.
Reckless behavior is when a person knows or should know that a grave risk of harm exists, yet proceeds with the activity anyway. In a car accident, drag racing on a public street or drunk driving are reckless behaviors.
Purposeful behavior is when a person does something with the intent to cause harm. In a car accident, engaging in “road rage” behaviors like colliding with another person’s car, running down a pedestrian or bicyclist, or shooting a firearm at another vehicle are intentional behaviors.
A plausible, direct link, or “proximate cause,” must exist between the behavior of the party at fault and the harm the victim suffered. The connection cannot be so tenuous that a jury could conclude that the defendant’s actions were not the likely cause of the harm suffered.
In a wrongful death lawsuit, you must not only show that the party at fault injured your loved one. You must also be able to show that it was that injury, and not some other unrelated cause, that led to your loved one’s death.
For example, if someone else collides with your loved one’s car, but your loved one dies in the hospital of pneumonia or a stroke, the lawyer for the defendant may argue that the cause of death was unconnected with the harm caused by the car crash.
You need to show that you suffered direct or indirect harm as a result of the loss of your loved one because of the defendant’s actions.
Common forms of harm that plaintiffs seek compensation for in wrongful death lawsuits include:
In the case of egregious conduct by the defendant, like intentionally causing harm to the decedent, the court may award punitive damages.
Chances are, you will not be presenting your wrongful death lawsuit in a vacuum. The party at fault will hire a defense lawyer who will look for ways to either absolve the defendant of any wrongdoing, shift the blame to the decedent, and/or reduce your damages award.
It is essential that your wrongful death attorney thoroughly investigate the facts of your case and gather as much relevant evidence as possible to support your claims for compensation. This evidence can include:
The defense in a wrongful death lawsuit will often use two approaches.
Therefore, your evidence must show that the defendant’s actions were outside what might be considered normal behavior.
The defense in a wrongful death lawsuit will frequently also attempt to use the Arizona doctrine of “comparative negligence” as an affirmative defense. This doctrine holds that if the plaintiff is partly to blame for the harm he or she suffers, then any damages awarded will be reduced by the plaintiff’s assigned percentage of fault.
For example, if you prevail in a wrongful death action and you receive a $500,000 judgment award, but the defense can show that your deceased loved one was 10% responsible for the accident or the harm suffered, the court will reduce your award to $450,000.
In Arizona, you generally have two years from the decedent’s date of death to file a wrongful death lawsuit. In some very specific instances, this timeline can be as little as 1 year. If you do not meet this deadline, you will lose your right to file a lawsuit.
In cases where a government agency is the defendant, you have an even shorter time to make your claim. You must provide the government agency with a notice of claim within 180 days of the death, and you only have a one-year statute of limitation to work with.
When a wrongful death occurs, most lawsuits do not go to trial. Or, if they do, they will still settle out of court before the end of the trial. Usually, the plaintiffs and the defendant will agree to settle the case for an amount of money in exchange for foregoing the wrongful death claim.
How much you can receive in the settlement of a wrongful death claim will depend on several factors. A key factor will be the ability of your wrongful death lawyer to convince the defendant’s insurer and defense attorney that if the matter goes to trial, you will win your case and that the amount awarded will exceed the insurance policy limits and expose the defendant’s personal assets.
This is why it is important to hire an experienced wrongful death attorney to represent you in settlement negotiations. This will ensure that the at-fault party’s insurance company and attorney take you seriously and that you receive the maximum amount of payout.
A wrongful death settlement can never make up for the loss of your loved one, but it can help provide your family with financial support at this difficult time.
Call Stone Rose Law at (480) 498-8998 or use our contact form so you can schedule a free consultation with a Phoenix wrongful death attorney.
