Wrongful Death

Elements of a Wrongful Death Lawsuit

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;

• Caused by another’s negligence or intent;

• The survival of family members or statutory beneficiaries who are suffering damages as a result of the death, and;

• The appointment of a personal representative for the decedent’s estate.

A wrongful death claim is essentially any negligent or intentional act caused by another individual that results in death.  However, different laws apply to wrongful death claims when compared to personal injury claims.

Wrongful death cases are highly emotional and complicated.  Budge Law Firm will help you to navigate through the complicated legal process.  We have many years of experience and knowledge in dealing with these types of cases, and will help alleviate the stress that comes from pursuing your case.

Damages in a Wrongful Death Lawsuit

Pecuniary injury is the main measure of damages in a wrongful death case. Courts have defined “pecuniary injuries” as including the loss of love and companionship, support, services, lost prospect of inheritance, medical and funeral expenses, and other mental and emotional harm. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the decedent’s death. Also, a damage award will include interest from the date of the decedent’s death.

Statute of Limitations for a Wrongful Death Case

The surviving family members have two years from the date of death to either settle the case or file a lawsuit within the proper court or they will lose the ability to recover.  A.R.S. §12-542.

At Budge Law Firm, we understand the difficulty of losing a loved one and the stress of pursuing a legal claim.  Let us carry the stress and we will handle every step of the case.  

Call or text us today at 480-246-8050.  Consultations are always free.