Find Out How Compensation is Decided In A Wrongful Death Claim
A Winslow police officer at the center of a wrongful death lawsuit filed against the city has abruptly resigned his position. Austin Shipley made the decision to resign after being shown results from an internal affairs investigation into the death of a 27-year-old woman who was shot five times. According to reports, the incident occurred when Shipley was responding to a convenience store shoplifting when he encountered the woman, who was holding medical scissors. Police reports state that the woman resisted Shipley’s commands to comply with him before being shot. She was pronounced dead at the scene.
Wrongful Death Lawsuit Filed
The woman’s family has filed a wrongful death lawsuit against the City of Winslow, seeking $10.5 million in compensation ($2 million for the woman’s husband and $8.5 million for her 8-year-old daughter). The suit states that the woman’s civil rights were violated and Winslow was negligent in their hiring, training, retaining and supervising Shipley.
Wrongful Death Claims at a Glance
Arizona law states that a wrongful death claim can be filed when a person’s death is caused by a “wrongful act, neglect or default.” Examples include a person dying from medical malpractice; motor vehicle accidents; slip-and-fall mishaps; or incidents like the case cited above.
Time Limit for Filing Wrongful Death Lawsuits in Arizona
Every state has their own time window – or statute of limitations – for filing wrongful death claims. Here in Arizona, the law states that wrongful death claims must be filed within two (2) years of the date of the person’s death. There is a movement of sorts to expand that window. A recent ruling by the Illinois Supreme Court stated that the clock on the statute of limitations should actually start once it’s determined that the death was wrongful.
How Compensation is Decided in a Wrongful Death Claim
There is a host of variables to be considered before juries reach a final determination on the damages can be awarded. They include
- Projected impact on family of loss of victim’s income;
- Loss of services that would have been provided by the victim;
- Medical costs associated with the injury;
- Burial and funeral costs;
- Pain and suffering of the victim before their death; and
- Lost child or spousal support.
The Oswalt Law Firm Can Help You
Losing a loved one is a devastating event – more so if the loss is caused someone else’s negligence. If you and your family have experienced what you feel to be the wrongful death of a loved one, we want you to know that The Oswalt Law Firm can help you. The first consultation is always free so call us at 602-225-2222.