Mistakes to Avoid After a Wrongful Death

Watch this video about what mistakes to avoid after a wrongful death case. Call our personal injury lawyers for a legal consultation.

Question:

What mistakes should we avoid after a wrongful death?

Answer:

Mistakes to Avoid After a Wrongful Death In the state of Arizona, we have specific wrongful death statutes. Under the Arizona Revised Code, Chapter 12, Sections 611-613, it’s stated that a wrongful death suit can be filed if the deceased would not have died during the act and instead could have filed a personal injury suit. The requirement is that there be some type of wrongful act, some type of negligent act, or some type of act where a party acted inconsistent with controlling laws or deviated far away from the standard and duty care to other people.

Here in Arizona, though, they limit who can actually file a wrongful death suit. It’s virtually limited to statutory survivors. Spouses, a child, a parent or guardian, or a legal representative can file a wrongful death suit here in Arizona. If the person has none of those folks, then, of course, the suit can be filed on behalf of the estate of the person. There are some people who are specifically excluded by statute here in Arizona from filing wrongful death cases, such as siblings. Same-sex partners in Arizona can’t file wrongful death actions, nor can common law spouses. All of those folks are statutorily excluded from filing a wrongful death claim.

There are other things that go into it, but those are the prevailing laws of what constitutes a wrongful death claim here in Arizona. You’re going to need to call an attorney. It’s not something that you should try to do on your own. I get it, you’ve lost a loved one. There’s a great degree of compassion from our heart to your heart concerning the loss of your loved one, but you need to call someone that’s an experienced trial lawyer because most likely the cases end up in the courts, someone that’s wiling to compassionately but yet assertively represent your wrongful death claim for the loss of your loved one.


Did you lose a loved one from the negligence of another in Arizona and have questions about mistakes to avoid after a wrongful death? Contact experienced Phoenix Wrongful Death Attorneys at Smith & Green today for a legal consultation.

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