Monthly Archives: August 2017

Who can file a wrongful death claim in Arizona?

By | Personal Injury | No Comments

The thought of losing a loved one is difficult. The emotional and personal impact it has on others is tragic. Those feelings are amplified when you lose someone close to you because of the negligence of someone else.

wrongful death claim in Arizona

Arizona has recently passed legislation regarding wrongful death cases. A wrongful death case can also be considered as personal injury case, where the person injured no longer is available to file the complaint. Instead, another family member is required to file the case on behalf of the deceased person.

It is important to hire a wrongful death attorney immediately after such a tragedy to follow up with the legal procedure end to end. Usually, people fail to understand the justice and compensation they can receive when they hire a wrongful death lawyer arizona. Proper representation, specifically from the Law Offices of Samuel P. Moeller, won't miss any technical flaws in your case. They help and guide you thoroughly, and the most crucial part is, you get support and someone you can rely on in this difficult time. It gives you time to manage yourself mentally while the lawyer handles the case.

There are certain regulations as to who can file the complaint on behalf of the deceased. In Arizona, the law limits the members who can file a complaint regarding wrongful death to few close members of the deceased.

Those members who can file a complaint are as follows:

- Spouse of the deceased person
- Children of the deceased person
- Parent or guardian of the deceased person
- A personal representative of the deceased person

All surviving parties detailed above can file the case along with an injury lawyer.

However, no other family member, siblings, unlawful partners, same sex or common law partners can file the complaint. Naturally, if they are not able to file, then they cannot claim the compensation.

The damages for fatal cases like these are difficult to determine. According to Arizona law, some points are considered while determining the compensation:

- The current and future earning capacity of the deceased person
- The cost of medical, funeral or burial expenses of the deceased
- The financial dependency of the surviving family on the deceased person
- The loss of companionship and emotional loss by the survivors of the family members

Your wrongful death lawyer brings forth in court these variables to work out a better compensation. The court will decide the appropriate compensation to be paid to the survivors based on the loss they suffer and financial situation they have to cope with.