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WRONGFUL DEATH

Read the WARNING! first.

"The dead cannot cry out for justice; it is a duty of the living to do so for them."

Lois McMaster Bujold, Diplomatic Immunity, 2002

In Arizona, a lawsuit to recover money as a result of the death of someone is known as a "wrongful death" action. Wrongful death actions are regulated by Arizona statutes.

Often, an experienced probate attorney can determine whether or not an action for wrongful death is appropriate. Sometimes, the personal representative of a decedent's estate is the most appropriate (and sometimes only) person to bring a wrongful death action. Wrongful death actions must be commenced within a certain period of time, or else they become barred forever. For information about the statute of limitations applicable to Arizona wrongful death actions, consult an experienced Arizona attorney.

If you think the death of your loved one was cause by the wrongful act or neglect of another, you should do the following:

♦ Gather all the information that you can concerning the incident that caused the death;

♦ Do not speak to anyone about the incident except your doctor, your clergyman, your lawyer or the police;

♦ Do not speak to any insurance company, insurance adjuster or other representative of an insurance company until you have talked to a lawyer;

♦ Obtain the death certificate if you can;

♦ Do not sign anything until you receive permission from your lawyer;

♦ If you can obtain a copy of the accident or incident report, then do so;

♦ Consult an experienced wrongful death attorney as soon as possible.

For assistance with an actual or potential Arizona wrongful death matter, contact us.

The Arizona wrongful death statutes state:

12-611. Liability

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death w s caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

12-612. Parties plaintiff; recovery; distribution

A. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.

B. Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian's ward.

C. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A in proportion to their damages, and if recovery is on behalf of the decedent's estate the amount shall be an asset of the estate.

D. For the purposes of subsection A, "personal representative" includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law.

12-613. Measure of damages; nonliability for debts of decedent

In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who many be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default. The amount recovered in such action shall not he subject to debts or liabilities of the deceased, unless the action is brought on behalf of the decedent's estate.