Under A.R.S. §12-612 when a person dies as a result of the negligence of another person or entity, for example in a car, truck or motorcycle crash, then a claim for wrongful death damages may be pursued.
In Arizona a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse, or children, the parents of the decedent.
The amount of damages that a surviving spouse, parent or child may recover will vary from case to case, there are many variables. Under A.R.S. §12-613, damages that are considered when a wrongful claim is pursued may include the following and other claims:
· 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.
Wrongful death cases are usually resolved through settlement with the adverse party’s insurance company or by a jury. When a governmental entity or employee may be responsible for the wrongful death then there are additional Notice of Claim requirements that need to be properly satisfied.