Who Can Bring a Wrongful Death Claim When a Loved One is Killed in Arizona?
Posted on behalf of Phillips Law Group on Aug 23, 2010 in Personal Injury
While people are seriously injured because of the negligence of someone else in Arizona with all too much frequency, no loss is greater than when someone is killed. This sudden loss can send surviving family members into a tailspin, as the source of their financial and emotional support could be lost instantly. When someone has suffered this sort of tragic loss, he or she needs to seek the immediate help of an Phoenix wrongful death lawyer. In the meantime, below is a brief look at the parties who can file a lawsuit for wrongful death in Arizona.
Potential Plaintiffs in an Arizona Wrongful Death Lawsuit
The statutes in Arizona lay out which parties could be eligible to file an Arizona wrongful death lawsuit if someone is killed because of negligence, recklessness or intentional conduct. The first and most obvious party who can file this type of action is the personal representative of the estate of the person who was killed. While this representative cannot file such an action for the benefit of him or herself individually, he or she can do so for the benefit of the person's estate and his or her family members.
In addition to the personal representative, any surviving spouse or children of the person who was killed, which in legal terms is called the decedent, can file an Arizona wrongful death lawsuit against those who were responsible for this occurrence. In addition, the parents of a child who has not yet reached the age of majority also have standing to file such a lawsuit against the defendant or defendants.
Why You Need a Phoenix Wrongful Death Lawyer
The reasons that someone who has suffered this sort of sudden loss needs help from an Arizona wrongful death lawyer are nearly endless. First, the emotional struggle that a family member is enduring will make it difficult to think clearly and logically. In addition, there is only one year from the date of the death to file an Arizona wrongful death lawsuit, otherwise the claim could be barred by the statute of limitations. Finally, quantifying damages and identifying other potential plaintiffs can be a highly technical process.
If you have lost someone you love because of another person's negligence, contact the personal injury lawyers at Phillips Law Group today to schedule a free initial consultation.