Who Can File A Wrongful Death Claim?
Who can file a wrongful death claim?
First, it is important to know what is a wrongful death. A wrongful death is persons death that results from the wrongful act of another person. The wrongful act could be an auto accident or murder. A wrongful death claim is a claim brought by the family of the decedent. Most states have laws governing, fault, who may bring a claim and what damages a jury could award the family.
Arizona is no different. Arizona has three laws regarding wrongful death. The first addresses (ARS 12-611) liability, meaning under what circumstances a wrongful death claim exists. The second statute (A.R.S 12-612) identifies the people who are entitled to bring a wrongful death claim. Arizona law allows the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person to sue for wrongful death. The last statute sets forth the measure of the damages that a jury may award the surviving spouse/child/parent.
