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If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
A survival claim is a claim made on behalf of the deceased individual as if they were still living. A wrongful death claim is made on behalf of the deceased's family for their own damages due to the loss of their loved one.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful Death Liability The first section of the Death by Wrongful Act article, A.R.S. 12-611, essentially states that a wrongful death suit can be filed if the deceased would not have died during the act and instead could have filed a personal injury suit. It then states that the liable party can be held for damages.
Title 12 - COURTS AND CIVIL PROCEEDINGS.
Wrongful Death Liability This means that the death must have occurred due to a ?wrongful act, neglect or default.? If this is the case, then the statutory survivors ? who will be described below ? may pursue a wrongful death suit.
A.R.S. Sec. 12-611 outlines the circumstances under which an individual can pursue a wrongful death claim. For example, if the deceased victim would have been eligible to pursue a personal injury suit had they survived their injuries, selected individuals can pursue a wrongful death suit on behalf of the victim.
Yes, there is a time limit for wrongful death lawsuits in Arizona. Under ARS § 12-542, eligible parties have two years from the date of their loved one's death to file wrongful death claims in civil court.