Who Can File a Wrongful Death Claim in Arizona?

Executive Summary

• A wrongful death claim is a legal lawsuit filed by the decedent’s heirs to recover damages for the carelessness or wrongdoing that caused the death.
• If the decedent could have filed a personal injury claim if they were still alive, a wrongful death claim can compensate the person’s successors for economic loss, pain and suffering, medical and funeral expenses or punitive damages.
• In Arizona, only specific survivors can file a wrongful death claim, including the spouse, parent, guardian, children or personal representative. Common law spouses, siblings and other family members are usually not eligible.
• Most wrongful death claims need to be initiated and prosecuted within two years. Have a qualified attorney determine your eligibility, gather evidence, file the claim, ensure the defendant is served and facilitate the settlement or trial.

Knowing Who Can Bring a Wrongful Death Claim to Court

When someone dies, the emotional and personal impact is always heartbreaking. Still, depending on how that person died and your relationship with the individual, you may be able to file a wrongful death claim, especially if the death occurred from medical malpractice, a motor vehicle collision or a slip-and-fall accident on a property that is not up to code. Knowing who can bring a wrongful death claim to court is essential.

In Arizona, if the decedent would have been able to file a personal injury claim if they were still alive, their surviving spouse, parent, guardian, children or the personal representative of their estate are some of the people who can file a wrongful death claim and request damages for the negligence and wrongdoing that led to the death.

With experienced lawyers on your side, you can increase your chances of achieving the best possible outcome and receiving financial compensation for economic loss, pain and suffering, medical and funeral expenses or punitive damages, if applicable.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by survivors of a decedent to seek financial compensation as a result of the neglect or misconduct that contributed to the death.

What Qualifies as a Wrongful Death?

Before attempting to file a wrongful death claim, you should determine if the individual’s death can be classified as wrongful. A wrongful death means the person died due to negligent, willful, or wrongful acts from another person or legal entity. Some death-causing events that could be grounds for a wrongful death claim are:

• Being in a motor vehicle accident, especially if the other driver was inebriated.
• Using defective products like a faulty airbag.
• Slipping and falling on someone’s property that isn’t maintained correctly.
• Experiencing medical malpractice like improper dosage prescriptions.
• Being the victim of an intentional physical assault or murder.

Generally, a wrongful death claim can be filed if the decedent would have been able to file a personal injury claim should they have survived the incident.

What Is the Benefit of Filing a Wrongful Death Claim?

Unfortunately, nothing can replace a deceased loved one. Nevertheless, the financial fallout that can follow someone’s death can make it even harder for the survivors to move on. If a wrongful death claim is successful, it can provide financial compensation for the survivors. Some examples of things that a judge or jury of a wrongful death case may award damages to cover are:

• Economic loss from the death-incited reduction to household income.
• Pain, grief and suffering.
• Medical, funeral and burial expenses.
• Punitive damages, if necessary.

Compensation from a wrongful death lawsuit has the potential to help survivors get back on their feet, alleviate some of the struggles they are experiencing and cover the decedent’s funeral.

Who Can File a Wrongful Death Suit?

The requirements for wrongful death lawsuits can vary by state. In Arizona, only a few survivors of the decedent can file a wrongful death claim. Examples of relations that are eligible to file a wrongful death claim in Arizona are:

• Surviving spouses
• Surviving children
• Surviving parents
• Surviving guardians
• Personal representatives of estates

How to Become a Personal Representative of Someone’s Estate

In Arizona, a personal representative must be officially appointed by the court in the county where the decedent lived at the time of their death or where their property was located if they lived out of state. To do this, the requester must fill out an Application for Informal Probate of Will and Appointment of Personal Representative at the local Probate Court—the prioritization of your appointment will be based on your relationship to the decedent as spelled out by ARS 14-3203.

After approval from the court, ARS 12-612 allows the personal representative to act on behalf of the decedent’s estate, allowing them to file a wrongful death claim.

Though multiple individuals can file a claim, only one may be brought against the wrongdoer. If multiple people are involved in the claim, they must work together to file one claim. If the claim becomes finalized, the financial compensation will be distributed among the claimants accordingly.

Who Cannot File a Wrongful Death Claim?

Any family member or individual not listed above is ineligible to file a wrongful death claim to receive compensation for damages. Although this is usually a clear legal area, this means that the following survivors can’t file a claim:

• Life partners or common law spouses that did not undergo a marriage ceremony or receive a marriage license.
• Siblings
• Cousins
• Aunts
• Uncles
• Stepfamily

If any of the people mentioned above are the legal guardian or the personal representative of the decedent, they may still be eligible to file a wrongful death claim, but the others may not.

Why Can’t a Common Law Spouse File a Wrongful Death Claim?

ARS 25-111 requires two parties to participate in a marriage ceremony and get a marriage license to be recognized as a contracted marriage in the state of Arizona. Common law marriages, which avoid the aforementioned formalities, cannot originate in Arizona, and therefore, couples in these arrangements cannot receive the right to file a wrongful death claim.

If you are unsure of your eligibility status to file a wrongful death claim, contact a trusted personal injury lawyer who can review your situation and explain your options. It is best to seek legal representation quickly to avoid the statute of limitations voiding your filing eligibility.

Statute of Limitations for Wrongful Death Claims

Statutes of limitations are laws that restrict the maximum period of time following a crime or incident within which a lawsuit may be filed, prohibiting people from pursuing legal action after this deadline has passed. These regulations guarantee that cases are settled in a fair amount of time. These rules vary by state and circumstance.

Arizona’s statute of limitations for a wrongful death claim is generally two years. However, there are specific situations in which the statute of limitations may be shorter or longer. For example, ARS 12-501 declares the countdown will pause if the defendant you are suing leaves the state—the countdown resumes when they return. It is best to contact an experienced attorney to know if the statute of limitations will affect your wrongful death lawsuit.

Process for Filing a Wrongful Death Claim

A reliable attorney will also be able to walk you through the process of filing a wrongful death claim. Speak with an attorney to get knowledgeable legal advice and assistance with the following steps:

• Determine eligibility – By evaluating your connection to the decedent, your attorney will accurately assess if you are qualified to submit the claim.
• Collect proof – Your lawyer will work with you to gather evidence and submit any relevant paperwork correctly.
• File the claim – After fleshing out the case, your attorney will help you submit the wrongful death lawsuit to the court.
• Ensure the defendant is served – The attorney will streamline the process and guarantee the defendant is served to avoid unnecessary delays.
• Arrange a settlement – Before taking matters to court, your attorney should try negotiating with the legal entity at fault. It is usually ideal for both parties to amicably agree before entering the lengthy, expensive court process.
• Go to trial – If the two parties cannot agree, the lawsuit can be taken to trial. If this is the case, your lawyer will work on your behalf and advocate for you every step of the way.

Having a reliable attorney guiding you through the wrongful death claim process is essential. They will function as a resource that supports you and offers imperative legal advice.

Get Help With a Wrongful Death Claim

If you are the spouse, child or parent of someone who died because of another’s neglect or misconduct, you are one of the people who can bring a wrongful death claim to court and fight to receive compensation for your loss. However, trying to file a wrongful death claim on your own can be confusing and limiting to your negotiating power. Having a trustworthy attorney like Jared Everton spearheading your case can increase your chances of achieving the best possible outcome.

Wrongful death claims can be a challenging lawsuit for family members to go through due to the emotional toll of discussing the decedent’s death. JacksonWhite Law is a compassionate law team that can help put your family at ease by fighting for financial compensation and accountability from the responsible party. We offer free case reviews that do not require commitment, so you can know who can file a wrongful death claim and make the best decision for you and the decedent.

Call our Personal Injury team at (480) 795-5531 to discuss your case today.