Have you lost a loved one due to someone else's negligence in Arizona? Understanding who is legally eligible to file a wrongful death lawsuit is one of the most important first steps toward seeking justice and financial compensation. In this video, the experienced personal injury team at JacksonWhite Law breaks down everything you need to know about wrongful death claims in Arizona.
Arizona law only allows certain surviving family members and representatives to bring a wrongful death claim to court. These include the surviving spouse, surviving children, surviving parents or guardians, and the personal representative of the decedent's estate. If you fall into one of these categories and your loved one's death was caused by negligence, willful misconduct, or wrongful acts, you may have the legal right to pursue a claim for damages.
In this video, we explain:
→ What qualifies as a wrongful death in Arizona
→ Who is eligible to file a wrongful death lawsuit under Arizona law
→ Who is NOT eligible to file, including common law spouses, siblings, cousins, aunts, uncles, and stepfamily members
→ How to become a personal representative of an estate to file on behalf of the deceased
→ What types of compensation you may be entitled to, including economic loss, pain and suffering, medical and funeral expenses, and punitive damages
→ The Arizona statute of limitations for wrongful death claims (generally two years)
→ The step-by-step process for filing a wrongful death lawsuit
A wrongful death can result from many different situations, including motor vehicle accidents involving impaired drivers, defective products such as faulty airbags, slip-and-fall accidents caused by poorly maintained property, medical malpractice involving improper treatment or medication errors, and intentional acts of violence. If the deceased person would have been able to file a personal injury claim had they survived the incident, a wrongful death claim may be appropriate.
It is important to understand that Arizona does not recognize common law marriages under ARS 25-111, which means that unmarried life partners are generally not eligible to file a wrongful death claim. However, if a non-traditional family member has been appointed as the legal guardian or personal representative of the decedent's estate by the court, they may still be able to pursue legal action.
One critical factor to keep in mind is the statute of limitations. In Arizona, wrongful death claims must generally be filed within two years of the date of death. There are certain circumstances that can pause or extend this deadline, such as the defendant leaving the state. However, waiting too long to take action could mean losing your right to file entirely.
Navigating the legal process after losing a loved one is overwhelming, especially while grieving. Having an experienced wrongful death attorney on your side can make all the difference. A qualified lawyer can help you determine your eligibility, gather the necessary evidence, file the claim properly, ensure the defendant is served, negotiate a fair settlement, and represent you at trial if needed.
At JacksonWhite Law, our compassionate personal injury team is dedicated to helping Arizona families recover the compensation they deserve after a tragic loss. We offer free case reviews with no obligation, so you can understand your legal options and make the best decision for your family.
📞 Call JacksonWhite Law today at 480-464-1111 to schedule your free consultation.
🌐 Visit us online: https://www.jacksonwhitelaw.com
📍 Serving Mesa, Scottsdale, Peoria, and all of Arizona.
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