A wrongful death claim is an action or demand by relatives or the estate of a person killed by negligence or a wrongful act of another person, business or public entity. The purpose of the claim is compensation for economic losses, out-of-pocket expenses, personal suffering and emotional grief of survivors.
Arizona Revised Statutes Section 12-612, Section 12-613 control wrongful death claims in Arizona. Court decision have interpreted and given meaning to the statutes over the years as the loss a wrongful death has evolved. A wrongful death claim is an action brought by the relatives of the estate of a person who has been killed by the negligence or wrongful act of another person, business or public entity. The statute provides:When death of a person is caused by wrongful act, negligence or default, and the act, neglect or default is such as would, if death had not been 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 was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.
Many times the issues surrounding a wrongful death claim can be complex.It is important to consult a lawyer experienced in wrongful death matters before making a claim or giving any statements or information to anyone. The Garrison Law Firm offers free consultation. Use the consultation as a starting point and take advantage of the experience Garrison Law Firm can provide.
In Summerfield v. Superior Court, the court faced the question of whether a claim for wrongful death could be asserted for a stillborn viable fetus. The court held that the word “person” in the wrongful death statute did encompass a stillborn viable fetus. Indeed, Kevin Garrison has successfully asserted a claim for the father of an eight month old fetus who was killed along with her mother in a car accident.