More than 1,000 motorists are killed every year on Arizona’s roadways. In accidents where fault can be clearly assigned, the family of an accident victim might be eligible to bring a wrongful death action against the driver at fault.
A wrongful death suit can be pursued when, had the injured victim lived, he or she would have been eligible to file a personal injury claim. In other words, if a fatal accident otherwise meets the conditions that would have led to the award of damages in a personal injury litigation action in favor of a decedent, the surviving relatives of the accident victim may pursue comparable damages in a wrongful death action.
The following survivors are eligible to file a wrongful death claim on behalf of a loved one:
Husband or wife
Son or daughter
A representative of the decedent
A plaintiff in a wrongful death action, representing either the victim’s estate or surviving family may be awarded damages for the pain the victim suffered prior to death, loss of income, medical and burial expenses, loss of companionship. In addition, a jury might award punitive damages if a driver was under the influence or otherwise criminally negligent.
in Personal Injury | Tagged damages, negligence, personal injury claim, wrongful death