For longer than Arizona has been a state, we have had a provision in our civil code establishing liability for those who cause the death of another by intentional acts or careless accidents. This area of the law generally is referred to as "wrongful death."
In most respects, the wrongful death law is similar to the law that applies to other injuries not involving death.
If a careless driver injures someone else in an automobile collision, the injured party has a claim against the negligent driver for his accident-related injuries and damages. In some cases, other family members also may have claims.
If a careless driver kills another person, his family or his estate has a claim for damages against the driver who was at fault.
Arizona statutes control who may bring a claim for wrongful death in this state. Those who have claims include a surviving spouse, children and parents. If none of these people survive, the claim belongs to the estate of the victim.
If the claim belongs to the deceased's estate, it will be brought by the personal representative (executor) of the estate.
Arizona wrongful death law requires that any monies obtained in connection with the claim be divided among those entitled to share in the claim. The funds must be distributed to each in proportion to his or her damages.
Each claimant must establish his or her own damages. Generally, a surviving spouse of an adult will have greater damages than will his surviving parent. All, however, are entitled to be compensated for their respective losses.
Our wrongful death law exempts the claims of survivors from the debts of the deceased. The rationale is that these claims belong to the survivors - not to the deceased. The only exception to this exemption from debts is when the wrongful death claim is brought by the deceased's estate, rather than on behalf of one of the family members
Should you find yourself in the tragic situation of having lost a spouse, child or parent due to someone else's carelessness, you would be wise to consult an attorney experienced in handling personal injury and wrongful death matters. Most lawyers will provide these consultations free of charge and without obligation. |
