Who Is Entitled to Claim?
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Attorney Representation in Phoenix, Arizona Since 1996
Phoenix Arizona Wrongful Death Lawyers
Arizona law can appear to be somewhat complex when it comes to making an Arizona wrongful death claim. According to the Arizona Revised Statutes, Sec. 12-612, the spouse, child, parent or guardian of someone who was killed by the negligence of another may make a claim. If parents of a victim are no longer married, either parent may sue individually, or they may sue together. In addition, the personal representative of the victim's estate can make a claim.
However, the statute also discusses who may receive compensation resulting from a Phoenix personal injury claim. In this way, the statute does not require that compensation be limited to those who initial pursued the claim. If the lawyer from the person that begins the wrongful death claim is able to obtain a settlement, the law provides for financial recovery to the spouse, children and/or parents of the wrongfully killed person. This financial recovery must be distributed according to their injuries, which a court will determine if the parties are unable to do so. For example, if there are minor children and a dependant spouse left behind, they can claim greater financial injuries than parents who did not depend on the wrongfully killed person for support. In other words, not all claimants are provided equal shares of the compensation.
If there is no living spouse, child or parent, any proceeds from a wrongful death claim go to the estate of the wrongfully killed person, which means the recovery will be added to the other assets and debts the person owned. This means family members or unrelated loved ones not listed in the law may still be able to recover financial compensation, depending on how the estate has been set up to pay out to heirs. For instance, there may be recovery outside of parents, spouse, or children if there is a will that names others to take under the will.
For example, if the victim of a wrongful death is a young man with no will and no wife, children or surviving parents, only the personal representative of his estate may file a claim. If his sister is appointed personal representative, she may make that claim on behalf of his estate, and any compensation left after the estate is closed would be distributed to her and any other siblings equally, assuming there is no will to the contrary.
If you'd like to know more about making a wrongful death claim in Phoenix Arizona, you should call Breyer Law Offices, P.C. We are a husband-and-wife law team and we specialize in helping victims of wrongful deaths and serious injuries win justice and compensation for their injuries. In fact, since we started our firm in 1996, we have chosen to focus exclusively on these cases because we believe this narrow but deep focus on Arizona injury law helps us give our clients the best possible representation. We're pleased to say that we've been able to achieve millions of dollars in compensation for our deserving clients throughout Arizona, the United States, and sometimes throughout the world.
At our Arizona wrongful death law firm, we believe communicating fully with clients is a vital part of the job we are hired to complete. Not only does it help our clients understand and feel more comfortable with their cases, but we believe it actually increases our chances of success. Our goal is to make sure you know that you are a valued client. You can rely on us to explain what we're doing with your case, keep you updated on new developments and always return phone calls.
Perhaps most importantly, we offer free initial consultations, so we can learn more about your case and give you a professional opinion, at no obligation to you. For a free evaluation of your case, please
