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Legal Grounds for Wrongful Death Lawsuits in Arizona

If you have recently lost a close family member, legal action may be the last thing on your mind. However, a sudden and unexpected loss in the family can bring with it unexpected costs, including medical treatment, hospice care, and the loss of a source of income, and a wrongful death claim may be your only chance at recovering them. However, Arizona’s wrongful death law might seem overwhelming or difficult to navigate. You might consider hiring a lawyer, but where would you start?

Arizona attorney Jesse Guerra, counsel of Carabin Shaw, can assist you. Guerra has extensive experience representing individuals seeking compensation for the wrongful death of a family member, and his counsel will help guide you through what can otherwise be a difficult process.

Legal Grounds for Wrongful Death Lawsuits in Arizona: Who Can File A Claim?

Before moving to file a wrongful death claim or lawsuit, you must first ensure that you are legally entitled to do so. Although a wrongful death claim is likely to precede an official lawsuit, a claim will not be successful without the confirmation that it could become a valid lawsuit. Before even looking into the validity of your claim, you’ll first have to make sure that you are, as a party, entitled to pursue legal action.

The parties who can file a wrongful death case in Arizona are

  • The surviving spouse of the deceased
  • The children of the deceased
  • The parents of the deceased
  • A representative of the deceased
  • A representative of the estate of the deceased

Note that this list excludes siblings and domestic partners. If this list does not include you, it is not your responsibility to pursue a wrongful death claim. If you are unsure whether you are entitled to pursue a wrongful death claim, look into Arizona personal injury lawyers near you for guidance.

In order to file a wrongful death claim, you must first establish a probate estate on the behalf of the deceased. This will legally establish that you have the right to claim damages on the behalf of the deceased. Probate is a legal process in itself, and an experienced wrongful death attorney will be necessary to help you through it.

When Can I File a Wrongful Death Claim?

For a wrongful death claim to be viable, it must meet the following criteria:

  • The deceased suffered an injury or injuries as a result of another party’s negligence
  • Those injuries lead to the death of the deceased
  • No more than two years have passed since the date of death

A wrongful death claim might be considered a personal injury claim filed on behalf of someone who is no longer living and thus unable to represent themselves. Therefore, such a claim will be successful under the same circumstances that a personal injury claim would be successful.

Some instances that can lead to a viable wrongful death case in Arizona include:

  • Death as a result of injuries incurred in a motor vehicle accident
  • Death as a result of injuries incurred in a workplace accident
  • Death as a result of the use of a faulty consumer product
  • Death as a result of injuries incurred on someone’s private property, including swimming pools
  • Death as a result of medical malpractice

In all of the above cases, you must have reason to believe that negligence played a part in your relative’s death. An Arizona personal injury lawyer specializing in wrongful death claims can help you determine whether or not that is likely to be the case with your claim.

Free, No-Obligation Consultation with an Experienced Attorney

There are many small factors and nuances that can make or break a wrongful death claim, and you want a lawyer who can expertly navigate you through them. Arizona attorney Jesse Guerra has that experience and expertise. Call 1-800-555-0101 today to schedule a free consultation and begin your legal process.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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