Securing compensation through a successful wrongful death claim in Arizona revolves around establishing the four elements of negligence. Briefly, these can be defined as:
Duty. It must first be established that the deceased was owed a duty of care by the defendant (the alleged negligent party). This duty of care will look different depending on the type of incident that led to the death. For example, every driver on the roadway owes others around them a duty of care. Property owners owe a duty of care to any person who has a right to be on their premises. Doctors have a duty to uphold a certain standard of medical care with every patient.
Breach. After establishing that there was a duty of care owed to the deceased by the defendant, it must be shown that they breached or violated that duty of care in some way. A breach of duty will look different depending on the type of incident that led to the death. For example, a driver could breach their duty of care by operating a vehicle while impaired. Property owners can breach their duty of care by failing to fix known hazards. Medical professionals can breach their duty of care in a variety of ways, including failing to obtain informed consent.
Causation. After establishing that there was a breach of duty by the defendant, an attorney must show that the breach is what directly or indirectly led to the death of the deceased.
Damages. Finally, there must be some sort of monetary loss associated with the loss of life, which can include medical expenses, funeral and burial expenses, and pain and suffering damages.