The sudden loss of a family member can bring unimaginable grief. But when this is caused by a preventable accident, grief can feel even more overwhelming. You are likely dealing with a mix of emotions, from grief and anger to frustration and helplessness. Holding the responsible party accountable is a necessary step toward not just justice, but also your family’s recovery and healing. Arizona law provides a path for families through a wrongful death claim. However, it is very specific about who has the legal right to bring this type of case forward.
Who can represent your family’s interests?
In Arizona, the legal right to sue for wrongful death belongs to only one of the following parties:
- The surviving spouse
- Any living child of the deceased
- A living guardian or parent
- The personal representative of the deceased person’s estate, if no surviving spouse, child or guardian exists
The law structures claims this way to create a single, organized legal action. This approach prevents the confusion of multiple competing lawsuits and makes the legal process more efficient.
Your family’s next steps
Through a wrongful death claim, you can recover economic damages, which include wages your loved one would have earned, medical bills and funeral expenses. You may also receive noneconomic damages, which cover the emotional toll this tragedy has taken on your life, the loss of companionship and diminished quality of life. In cases where the defendant’s behavior was especially reckless or egregious, you may be eligible for punitive damages.
It is also vital to remember that you have a limited time to take action. Arizona personal injury law sets a strict two-year deadline from the date of death to file a claim. By acting within this period, you are taking control of your family’s future and seeking the justice and compensation you deserve.
