Understanding Wrongful Death Lawsuits in Arizona

March 27, 2024

Understanding Wrongful Death Lawsuits in Arizona

Losing a loved one is one of the most difficult experiences anyone can go through. When that loss is the result of someone else's negligence or misconduct, it can be even more devastating. In such cases, a wrongful death lawsuit may be an option for seeking justice and compensation. In this blog post, we will explore what a wrongful death lawsuit entails, who can file for one, the elements required to prove a wrongful death case, and the damages that may be awarded.


A wrongful death lawsuit is a civil action brought against a person or entity whose actions or negligence caused someone's death. These lawsuits are separate from any criminal charges that may be brought against the responsible party. The purpose of a wrongful death lawsuit is to hold the at-fault party accountable for their actions and provide compensation to the surviving family members who have been financially impacted by the loss.


In Arizona, only certain individuals are allowed to file a wrongful death lawsuit. Typically, these individuals include spouses, children, parents, or legal representatives of the deceased person's estate. If none of these parties files a claim within 90 days of the death, other family members may be able to pursue legal action.


To successfully win a wrongful death lawsuit in Arizona, several elements must be proven. These include showing that the defendant had a duty of care towards the deceased person, breached that duty through negligence or intentional harm, and that this breach directly caused the individual's death. Additionally, it must be demonstrated that surviving family members have suffered measurable damages as a result of their loved one's death.


Damages in wrongful death lawsuits can vary depending on the circumstances of each case. Compensation may cover medical expenses incurred before the person's passing, funeral and burial costs, lost income and benefits due to their untimely death, pain and suffering experienced by both the deceased individual and surviving family members, and loss of companionship or guidance provided by the deceased.


At McCain & Bursh Attorneys at Law P.C., our team has extensive experience helping Scottsdale residents navigate wrongful death lawsuits with compassion and expertise. We understand how emotionally challenging these cases can be and are committed to fighting for justice on behalf of our clients. If you believe you have grounds for a wrongful death claim, don't hesitate to reach out to us for a consultation.


Losing a loved one under preventable circumstances is an unimaginable tragedy. Wrongful death lawsuits offer families an opportunity to seek accountability from those responsible for their loss while also providing financial support during such difficult times. By understanding what these lawsuits entail, who can file them, what needs to be proven in court, and what damages may be awarded – Arizona residents can make informed decisions about pursuing legal action after experiencing such heartbreaking losses.


If you find yourself in need of assistance with a potential wrongful death case in Scottsdale or surrounding areas - McCain & Bursh Attorneys at Law P.C are here to help guide you through every step of the process with empathy and dedication towards achieving justice.

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