Losing a loved one is alway hard, and if it’s happened unexpectedly due to another person’s actions here in Phoenix, AZ, you may have standing to bring a wrongful death claim. The best thing to do is to speak with a wrongful death attorney right away to find out more about the path forward for your family.
Who Can Bring a Wrongful Death Claim in Phoenix, AZ?
The key statute in this matter is A.R.S. ยง 12-612, which allows surviving spouses, children, parents or guardians, or the personal representative of the deceased’s estate to bring a wrongful death action. Whoever brings the action, the resulting compensation in a successful claim goes to the surviving family or, if there are none, to the estate of the deceased.
Immediate family members have priority in these claims, and only one lawsuit can be filed for a given death, which means the chosen plaintiff is acting for the benefit of all the qualifying survivors. When the personal representative of the estate brings the action, that’s usually because there are no surviving spouse, children, or parents. In that situation, the recovery becomes an asset of the estate itself. However, in some cases, the grief of the loss may be too great for the family to deal with a wrongful death claim, and they may prefer to have the administrator of the estate bring the action on their behalf.
Qualifying to File
Not every relative has automatic standing. Siblings, for example, generally cannot bring the claim unless they have been appointed as the personal representative of the estate and no closer family members exist or wish to bring an action. The same holds for more distant relatives or for unmarried partners. You must be a legal spouse to be able to file.
If a person who would otherwise qualify has been convicted of certain serious crimes related to the death of the decedent, they are disqualified from recovering. The law treats them as having predeceased the victim in that context, meaning that the rest of the family can still recover but they will be cut out.
Time Limits and Practical Steps
Under Arizona law, you need to start your claim within two years of the moment of your loved one’s death. If you don’t act within this window, that usually means the claim is lost forever no matter how strong the facts are. Families in these situations are well advised to reach out to a lawyer quickly to find out whether they have a claim and what to do next. The earlier you act, the easier it often is to get evidence, as well.
Talk to a Wrongful Death Attorney Today
If you or someone in your family may qualify to bring a wrongful death claim, contact the Silkman Law Firm here in Phoenix for a free consultation. We can review the details with you, confirm your eligibility to bring a claim, and support you at every step. Call us today at 602-517-0242 to talk through your situation.
