by Author Name Withheld 13

Created on: December 06, 2008   Last Updated: March 09, 2012

Someone knocks on your door and startles you. You wonder, "Who could it be?" as you quickly run to the door to find out who this person is. It's the police. You're wondering what they're doing at your doorstep, you could've sworn that you didn't commit any illegal act. Then you wonder if your spouse is alright; you open the door, and the police asks for you. A chill runs through your spine. After telling them who you are, they drop the bad news; a drunk driver had just killed your spouse in a collision.

"This couldn't be!" You think as the news sinks in. Memories flash through your mind, then the future rears its head. Your spouse is never coming back, what are you going to tell the kids? How are you going to provide for the household with one less wage earner? "This isn't fair!" you think. When the dust settles, you're in an Arizona lawyer's office discussing a wrongful death law suite.

Arizona statutes ARS 12-611, ARS 12-612 and ARS 12-613 cover wrongful deaths.

ARS 12-611; Criminal Liability.

In order to sue under this law, the victim's death has to result from the defendant's negligence, illegal activities and foul play. Arizona courts will consider this simple argument: If it were not for the defendant's actions, the victim would still be alive. They'll also consider what the victim could've done had he survived. Had the victim lived, and had the victim been able to sue for damages, then the victim's representative would be able to sue for the victim's wrongful death.

If an Arizona court held the defendant liable for murder in the first or second degree, the victim's representative can file a wrongful death suite. If the defendant was working for a company, that company could be held liable for the wrongful death had the defendant committed the act while performing his employment duties.

ARS 12-612; Who can bring the wrongful death suit

In Arizona, any member of the victim's immediate family can bring a wrongful death suit against the defendant. This includes spouse, children, parents, or someone that counts as these members under the law. If the defendant caused the whole family to die, then a member of the extended family can bring a wrongful death suite.

For example, a negligent driver crashes into a family car, killing all the occupants. The parents of the father and mother that died could bring the wrongful death lawsuit against the defendant. Here's another example. A negligent employee causes a married couple to die. Their children, though

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