Ray Arenofsky - Attorney At Law

Who Has the Right to File a Wrongful Death Claim?


Among the leading causes of death in the United States, many are preventable. Wrongful death occurs when someone’s negligence results in death that could have been prevented.

In cases where wrongful death occurs due to negligence, you may have a right to file a wrongful death lawsuit against the negligent party or parties responsible.

Family Members Permitted to File a Wrongful Death Claim

In the state of Arizona, not all family members are allowed to file a wrongful death claim. Typically, parents, children, and spouses are the only family members allowed to file a wrongful death lawsuit. Siblings, grandparents, and other extended family members cannot file a wrongful death claim unless they meet one or more of the criteria below.

Non-family Members Permitted to File a Wrongful Death Claim

There are several non-family members that may qualify to file a wrongful death claim.

Regardless of blood relation, if you are the legal guardian of the deceased, you may file a claim.

You may also qualify to file a wrongful death lawsuit if you are the legal representative of the deceased’s estate (that is, net worth and possessions).

Unfortunately, a close friend or romantic partner cannot file a claim unless they meet one of these criteria.

What is the Basis for Filing a Wrongful Death Claim?

Those left behind in a death resulting from someone else’s negligence must deal with the financial obligations of medical expenses and funeral costs, while also grieving the loss of a loved one.

If you are suffering after a loved one died as a result of negligence from someone else, you should seek assistance from a wrongful death attorney right away.

An experienced wrongful death attorney can help you receive compensation for medical and funeral expenses, as well as compensation for financial suffering due to lost wages.

When filing a wrongful death claim, an attorney can also help you receive compensation for noneconomic losses, such as grief associated with lost companionship and the inconveniences of losing a partner that helped you shoulder life’s responsibilities.

Additionally, there may be more parties involved in the negligence that contributed to the death of your loved one. An experienced attorney can help you bring all responsible parties to justice, preventing a similar disaster for someone else later on.

The Essence of a Wrongful Death case is what the total value of the deceased person is to the spouse, children, and parents. Books are written on how to split the recovery among the above-mentioned people. A good wrongful death lawyer will maximize the monies recovered so all entitled parties will have more compensation.

For more information about how a local Phoenix attorney can help you with your wrongful death case, contact Ray Arenofsky at 480-345-0444 and visit our website.

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