What is a wrongful death claim?

Wrongful death occurs when the death of an individual is due to the negligence of another. A wrongful death civil action is brought against a defendant who was fully or partially responsible for the death. To be successful, the plaintiff's case must have a "preponderance of evidence."

In order to bring a successful wrongful death claim under Arizona law, the following elements must be present: the death of a human being caused by another's wrongful act or omission, negligence or fault; and the survival of family members who are suffering monetary injury as a result of the wrongful death, or the appointment of a personal representative for the decedent's estate depending upon the circumstances.

The Arizona wrongful death act provides that damages that are fair and just may be awarded. A family that has suffered such a loss due to the death of a loved one is entitled to reimbursement for the loss of income, love, companionship, care and protection.