Wrongful Death (continued)

Who has a right to claim proceeds for a wrongful death claim?
Under Arizona law, the only individuals who are entitled to bring a wrongful death lawsuit are:
1. Parents of the deceased
2. Surviving husband/wife and
3. Surviving children.

Who is a surviving spouse?
In Arizona, you can only recover under a wrongful death action if you are married to the deceased. Arizona does not recognize common law marriages where two people have lived together for a long period of time without getting legally married.

What kind of Damages can a person recover under a wrongful death claim?
1. Medical and funeral expenses associated with the death of the family member
2. Loss of victim’s anticipated earnings in the future up until the time of the victim’s anticipated retirement age or natural death.
3. Pain and suffering or mental suffering to the survivor.
4. Loss of companionship, love and affection.
5. Punitive Damages meant to punish the person or organization causing the death if their conduct was willful or wanton in nature.

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