by Rhonda Allen

Created on: December 04, 2008   Last Updated: December 16, 2008

The loss of a loved one to sudden death is tragic, especially if the death was caused by an accident or other unexpected circumstances. Some circumstances may result in the decision to file a wrongful death suit with the court system in order to seek compensation for the loss of a loved one.

What are appropriate circumstances for filing a wrongful death suit in court?

A wrongful death suit should be filed if it is determined that the deceased person named in the case would had a valid personal injury complaint, and that the person being sued would have been found at fault even if a death had not occurred. A strong wrongful death case must be able to prove beyond doubt that the defendant in the case was truly at fault and caused fatal injury. Wrongful death lawsuits are subject to a two year statute of limitations, though some instances may have shorter time limits, depending on the circumstances involved in the case.

Who can sue for wrongful death in Arizona?

The spouse of the deceased or personal representative of an estate is eligible to sue for wrongful death under the Arizona Wrongful Death Statute. If the deceased (called "the decedent" in legal paperwork) is a child, then either parent can begin the legal action. The person who begins the legal actions is called "the plaintiff", and they bring that suit on behalf of the beneficiaries of the estate of the deceased person. Legal beneficiaries of a wrongful death claim are surviving spouses, parents, or children of the decedent. If there are no surviving immediate family members, the wrongful death claim is made on behalf of the decedent's estate.

What are the damaged awarded in an Arizona wrongful death lawsuit?

Arizona law dictates that there are six types of valid damages to be awarded in a wrongful death lawsuit.

*Loss of Consortium Damages - These include loss of love, care, protection, or companionship. This particular set of damages is very much decided at the discretion of the jury.

*Medical Expenses - This damage is sought only in cases where the beneficiaries are responsible for medical debt left by the decedent.

*Interment Expenses - Expenses involved in the memorial or burial of a decedent can only be claimed in a wrongful death lawsuit if the beneficiaries are responsible for the debt involved.

*Emotional Suffering Damages - Emotional damage from instances such as grief, shock, pain, stress, and mental suffering can only be paid on behalf of the survivors in a wrongful death case. The only exception in

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