Under Arizona Revised Statutes, ARS §12-611, ARS §12-612, and ARS §12-613, family members such as a spouse, the parents, or children, who have lost a loved one as a result of another party’s negligence in a motor vehicle or trucking collision, may have claims for damages for:
· The loss of love, affection and companionship since the death of the decedent and in the future.
· Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
· Lost income as a result of the death.
Examples of wrongful death claim s where I have represented survivors include the following:
· A driver drove her vehicle south on Tatum Boulevard and Lincoln Drive in Paradise Valley and made a left turn, her vehicle struck a northbound motorcyclist, he was killed. I represented the motorcyclist’s two adult children and his mother. The claim was resolved with the negligent driver’s insurance company.
· A 25 year old woman was a pedestrian walking in the crosswalk, on a green light, at Central and Osborn in Phoenix, she was hit by a driver who was on the job, his vehicle ran a red light, and she was killed. I represented her parents in a case against the driver and his employer.
· I represented parents whose son was a South Mountain Community College baseball player, the school team van rolled over on Interstate 10, he was killed. There were numerous negligence claims.
· A motorcyclist was hit by a left turning driver on SR 260 in Pinetop, the motorcyclist was killed, I represented his wife, following litigation, the case was settled with the insurance company for the negligent driver and the underinsurance carrier of the decedent and his wife.
There are time limits involved in pursuing wrongful death claims. When a governmental entity or employee may be responsible for the wrongful death then there may be Notice of Claim requirements that need to be properly and timely satisfied.