29.8 Prosecuting a Wrongful Death Claim

JurisdictionArizona

29.8 Prosecuting a Wrongful Death Claim. A wrongful death claim is generally prosecuted in the same manner as any other personal injury case. For example, in the typical case of a wrongful death claim arising out of the negligence of an alleged tortfeasor, the plaintiff would be required to prove duty, breach of duty, and causation just as they would in a negligence claim not involving death.60

The only difference in a wrongful death action is the damages available to a wrongful death plaintiff, which are defined by statute and differ significantly from the damages available in an injury action. In...

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