Wrongful death and survivorship actions in an Phoenix Arizona motorcycle accident
If someone dies in an Arizona motorcycle accident, there are two types of statutes that apply. The first is called a wrongful death action and the second is called a survivorship action. "The former [survivorship or personal injury action] permits recovery for the wrong to the injured person and is confined to his personal loss while the latter [wrongful death] is for the wrong to the beneficiaries, confined to their loss because of the death." Barragan v. Superior Court.
Wrongful death actions are subject to the two year statute of limitations. ARS 12-542. And a defendant is liable for the death if that same defendant would have been liable had the victim not died. Under ARS 12-612 defines the proper plaintiff as the surviving spouse or personal representative of the decedent's estate. Surviving children are also proper plaintiffs. The beneficiaries of a wrongful death action include the surviving spouse, the children, or parents of the victim. If these people have not survived then the beneficiaries include the victim's estate. Importantly, in case named Wilmot vs. Wilmot, the claims by all statutory beneficiaries should be consolidated single action. Each beneficiary is entitled to separate representation and a separate opportunity to prove his or her loss.
In a wrongful death action any defenses that could have been asserted against the victim in personal injury action- including the victim's own contributory negligence, maybe asserted in a wrongful death action as well.
With regard to temperatures, the wrongful death statute says that:
"In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death of the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default. The amount recovered in each of such action shall not be subject to debts or liabilities of the deceased, unless the action was brought on behalf of the decedent's estate."
In practice, this means the plaintiff is entitled to recover for a number of different types of damages including medical and funeral expenses, loss of consortium, future earnings and support, and punitive damages. Generally speaking, the victim's pain and suffering prior to death are generally not recoverable in a wrongful death action or any personal injury action under the survival statute.
If the victim dies after suffering a personal injury, that personal injury claim survives the victim's death, but there is no right to recover for the pain and suffering after the death of the victim. The statute of limitations for personal injury survivorship claim is two years plus obtain additional four months after the death of the victim. ARS 14-3109
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If you are seeking legal representation or would like more information about our services, contact the law offices of Vladimir Gagic today to set up your free consultation. You can reach us at 602-955-1985, toll free at 855-843-6274 (855-THE MARINE)
