When Can Someone File a Wrongful Death Case in Arizona?

Per Title 12, Section 611 of the Arizona Revised Statutes, wrongful death occurs when a person dies due to another person’s wrongful act or negligence. For example, if a person survived being hit by a driver who was driving negligently, the victim could sue the driver in a civil suit for personal injury. However, if the victim was hit and died, a case for wrongful death can be filed against the negligent driver. Another example of where a wrongful death case can arise is when a patient dies in a hospital due to medical malpractice.

Wrongful death cases can only be brought by the surviving spouse of the deceased, child, parent or guardian, or a personal representative of the deceased person on behalf of a surviving child, spouse, parent, or guardian. If no spouse, child, parent, or guardian survives the deceased, then the deceased’s personal representative can bring a claim on behalf of their estate.

In a case for wrongful death, the plaintiff can seek two types of damages against the defendant. These are economic and non-economic damages. Economic damages are amounts paid to the deceased’s family to cover the financial losses incurred due to their death. They include funeral costs, medical expenses incurred, and the lost wages and benefits that the deceased would have earned had it not been for their death.

Noneconomic damages are associated with intangible losses. These are losses incurred by the deceased family in the form of loss of love, affection, and companionship and the emotional pain and suffering associated with the loss of their loved one. It also includes the loss of household support the deceased would have provided. Arizona does not have a cap for these damages, as some states do.

To succeed in a wrongful death case and recover damages, a plaintiff must prove the defendant’s liability by a preponderance of the evidence. In other words, the plaintiff must show that it is more likely than not that the defendant was responsible for the deceased’s death. This is a much lower standard than in criminal cases where the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.

There are several defenses that a person accused of wrongful death can use to avoid liability. One is that the action is time-barred. The statute of limitations for wrongful death actions in Arizona is two years. That means the deceased person’s family has two years from the date the deceased passed on to file a wrongful death case, after which the court should refuse to hear such a case.

A defendant’s lawyer can use other defenses: the assumption of risk where the attorney argues that the deceased knew that they were participating in a dangerous activity and comparative negligence where the attorney shows that the deceased was partly negligent, causing the accident.

There are also mitigating factors that can reduce the number of damages a defendant is liable to pay if they are found liable. A personal injury defense attorney will help them pursue these options.

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Domestic Violence Laws in Arizona

Domestic violence is a serious offense in Arizona that can bring on both criminal and civil cases. This is why a person charged with domestic violence should contact an attorney immediately.

Arizona’s domestic violence laws are contained in the Arizona Revised Statutes (ARS) Title 13 Section 3601. The law defines domestic violence broadly as an act of abuse perpetrated by a family or household member against another. Abuse can be physical, sexual, or emotional. Examples of such abuse are assault, battery with a dangerous weapon, threatening, and kidnapping. It does not have to be violent. Criminal trespass, neglect, harassment by phone, stalking, secretly recording without consent, and endangerment can qualify as domestic violence.

Only a family or household member can commit domestic violence. Arizona courts define this person as a current or former spouse, a current or former romantic or sexual partner, a current or former house resident, the father or mother of the defendant’s child (born or unborn), or a relative of the defendant or defendant’s spouse by blood or law. Children can also be victims of domestic violence committed by a person who resides in the same house as them.

A person who has suffered domestic violence should call the police. A police officer can arrest a person if they have probable cause to hold that they have committed domestic violence against a household member. The officer can carry out the arrest even without a warrant, whether or not the offense was committed in their presence. The officer will then inform the victim, in writing, of resources available to them for their protection.

The officer may also question the people present to determine whether a firearm is in the household. If it is present, the officer may seize it temporarily if it is in plain sight or found after a consented search of the premises. The officer only does this if they believe the firearm could expose the victim to physical danger. The officer will give the owner a receipt for every firearm taken into possession.

A person taken into custody on the grounds of probable cause to have committed domestic violence can be released by certain criminal procedure laws. This is why they need to contact a criminal defense attorney as soon as they are taken into custody. The orders for release may, however, include pretrial conditions such as participation in counseling programs. Furthermore, if the state prosecutor files a notice to retain the defendant’s firearm for up to six months, the defendant, through their attorney, can request a hearing to dispute the seizure and request the firearm be returned.

In Arizona, domestic violence charges cannot be dismissed, even if a victim tells the prosecutor that they do not wish to press charges. The case will continue and can only be dismissed by a prosecutor with approval by a judge. This is another reason why defendants in such cases should hire attorneys. The attorney will evaluate the strength of the prosecutor’s case against them and pursue appropriate legal defenses.

Furthermore, certain circumstances can lead to harsher penalties in the case of a conviction. For example, if the victim was pregnant at the time or if the defendant has a history of committing such offenses. In addition, victims can pursue civil remedies against the defendant if the defendant damaged their property or caused them to incur medical expenses.

Defendants in domestic violence cases should have an attorney defend their criminal and civil cases, helping them avoid conviction and liability. Even in the case of a conviction, the attorney can argue for a light punishment.