Electrocution deaths are devastating as they can happen instantly, frequently on job sites. Many are due to poorly maintained property or unsafe conditions. In Arizona, if someone else’s negligence, unsafe work environment, or faulty equipment caused an electrical accident, surviving members have the legal right to hold those responsible accountable. Navigating the legalities surrounding these accidents can be difficult, which is why you want to have a legal team you can trust. The team at Your Injury Case is here to help you through this difficult process. We help you understand Arizona’s wrongful death laws to help you protect your family’s future.
Who Can File a Wrongful Death Claim in Arizona?
Under Arizona law, only the following people can file a wrongful death claim:
- The surviving spouse
- Surviving children
- Surviving parents or legal guardians
- The personal representative of the deceased person’s estate (on behalf of the beneficiaries listed above)
It’s important to note that Arizona does not recognize common-law marriage or long-term unmarried partnerships for wrongful death claims. Siblings and extended family members also cannot file a claim unless they are acting as the designated personal representative of the estate.
Types of Damages Can Arizona Families Recover
In Arizona, there are no caps on wrongful death or personal injury damages. This means a jury can award whatever amount they deem fair and just.
Damages are generally split into two main categories: economic and non-economic.
Economic Damages (Financial Losses)
These are out-of-pocket financial strains the fatal accident has caused. This can include:
- Lost Financial Support & Future Earnings: A claim can recover the estimated lifetime earnings, retirement contributions, and health benefits the deceased would have provided to their dependents.
- Funeral and Burial Expenses: Families can receive reasonable costs for funeral and burial services for their loved one.
- Pre-Death Medical Care: If your loved one survived the initial shock and received emergency medical care, intensive treatment, or surgeries before passing away, those hospital bills can be recovered.
Non-Economic Damages (Intangible Losses)
Electrocution can also cause intangible losses such as pain and suffering. The team at Your Injury Case can help to assess what these losses should amount to. These include compensation for the sorrow, anxiety, and shock surviving family members experience, as well as the loss of companionship and guidance that families can feel.
Who Can Be Held Liable in Wrongful Death Lawsuits?
Electrocution cases can be complex because it can be difficult to determine who is at fault. Common causes of electrocutions are:
Workplace & Construction Site Negligence
If a contractor did not map underground power lines or forced a roofer to work near live overhead lines without the proper ground-fault protection, they can be held liable.
Defective Products
If a tool, appliance, or piece of industrial machinery lacked proper insulation or internal grounding, the manufacturer or distributor may be strictly liable under product liability laws.
Premises Liability
Landlords or commercial property owners who ignore exposed wiring or code violations can be sued if a tenant or visitor comes into contact with live electrical current.
If your loved one was killed on the job, workers’ compensation typically provides automatic, no-fault death benefits. But these benefits can be limited. If a third party, such as an independent manufacturer, caused the accident, you may be able to file a separate civil wrongful death lawsuit to recover full damages.
Following Deadlines to Seek Legal Action
In Arizona, you typically have two years from the date of the death to file a wrongful death lawsuit. But if the electrocution was caused by the negligence of a public entity, such as a city-maintained utility line, the rules are different. You must file a formal Notice of Claim within 180 days of the incident. A lawsuit must also be filed within one year.
Do You Need Legal Help to File a Claim?
If you or a family member is seeking information about wrongful death claims, we are here to help. We have helped countless families dealing with the impact of electrocution deaths. Call us today at 346-258-2945 or reach out to us online for more information. We are here to answer your questions and help seek justice for your family during these difficult times.
