Filing a claim for wrongful death in Arizona is a complicated process that’s best left to a legal professional. If someone has lost a family member due to someone else’s reckless or negligent behavior, they should contact a wrongful death lawyer in El Mirage AZ to learn about their options.
Arizona’s Wrongful Death Statute
The state of Arizona defines a wrongful death as one that results from an act, occurrence, conduct, circumstance, or transaction that, if the death hadn’t occurred, would have allowed the victim to recover economic damages. Here, wrongful death is an actionable cause when a person’s death is caused intentionally or negligently by another person. As the decedent can’t file the claim, their survivors must pursue the cause of action.
Who May File a Claim for Wrongful Death in Arizona?
The state’s rules dictate who may file a civil claim for wrongful death. According to Indiana law, a surviving child, grandchild or spouse are first in line to file a claim. Parents of decedents can bring an action as well. When a person has no surviving parents, grandchildren, children or spouse, a sibling may pursue a claim. In the event that a person has no siblings, an estate representative can file a lawsuit. If a person has lost a family member and needs compensation for the loss, a wrongful death lawyer in El Mirage AZ can determine whether a valid claim exists.
The Statute of Limitations
As with most Indiana civil actions, a claim for wrongful death must be filed within a certain time. This is referred to as the statute of limitations, and state law says that the claim must be filed within three years of the person’s death. Otherwise, the lawsuit will likely be dismissed.
Retaining an Attorney
Contact a lawyer as quickly as possible if a loved one has died because of someone else’s intentional or negligent acts. In the state of Arizona, the civil justice system serves to deter bad behavior and prevent offenders from performing similar acts in the future. When a family is considering hiring a lawyer, it’s in their best interest to choose one with the experience, knowledge and resources to take the case to trial if required. Gerber Injury Law has been providing legal solutions for clients in the El Mirage AZ area for many years.
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