Who Can Make a Claim in a Wrongful Death Case?

According to the Arizona Revised Statutes, Sec. 12-612, the spouse, parent, child, or guardian of someone who was killed due the negligence of another may make a wrongful death claim. If the parents of a victim are divorced, either can make a claim individually or together, whatever they choose. Personal representatives of a victim’s estate can also file a wrongful death claim.

Beyond who can file a wrongful death suit, the statute also covers who can receive compensation from such a claim. In other words, compensation isn’t limited to the person who pursued the claim. If the lawyer in a wrongful death suit obtains compensation, then that financial recovery may be distributed to the spouse, parents, or children of the victim. The compensation must be distributed according the victim’s injuries, which a court will decide if the parties involved aren’t able to do so.

For example, of a victim dies and leaves behind a dependant spouse and children, that dependant spouse can claim greater financial injuries than the parents who didn’t depend on the victim for financial support. So not all claimants in a wrongful death lawsuit are given equal shares of the settlement or compensation.

In cases where there is no living spouse, parent or child, any money recovered in a wrongful death lawsuit will go to the estate of the victim and be added to their other assets and debts. Family members and unrelated loved ones not able to file a wrongful death suit may then be able to recover financial compensation in this way, depending on how the estate has been arranged to pay out the heirs. In other words, if there are people other than a spouse, child, or parent, named in the will, they may receive financial compensation.

Here’s an example. A man dies in a wrongful death accident and has no will, no wife, no children, and no surviving parents. Therefore, only the personal representative of his estate can file a wrongful death lawsuit. If the man’s sister is named personal representative, she may file the claim on behalf of her brother’s estate. Any compensation recovered would then be distributed equally among the siblings, as long as there is no will stating anything contrary.

Has a loved one been killed in an accident due to the negligence of someone else? If so, it’s time to turn to the experts for legal help. Call the skilled Mesa wrongful death attorneys at Breyer Law Offices today. We specialize in helping families whose loved ones were killed in accidents caused by others to win justice and fair compensation. In fact, since 1996, we’ve recovered millions of dollars in financial compensation for our deserving clients.

Contact us today for a free, no obligation consultation. At this initial meeting, we will review your case, answer any questions you may have, and discuss your legal options moving forward. We work on a contingency basis, which means we don’t get paid unless we win financial compensation for you, so there’s no risk involved.

To schedule your free consultation, please contact us online or call us at (602) 978-6400; (623) 930-8064; (480) 753-4534; o para llamarnos en español, (602) 222-8787.

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