Arizona’s Wrongful Death Statute
The state of Arizona has a wrongful death statute on its books. This statute is designed as a method for family members to seek compensation when their loss of a loved one is due to another person’s negligence. Wrongful death claims are similar to personal injury claims, but do have restrictions on who can file them and what kind of compensation can be given for them. Here, we will examine Arizona’s wrongful death statute.
The History Behind Arizona’s Wrongful Death Statute
When the Arizona Revised Statutes were developed in 1901, Arizona was just a territory, not yet a state. Arizona’s first wrongful death statute was initiated under Title 35, Injuries Resulting in Death, while the area was still under territory status. After Arizona officially became a state on Feb. 14, 1912, the new wrongful death statute, Arizona Revised Statute 12-612, was created. This wrongful death statute is the law that is currently followed under modern law in the state today.
The Specifics of Arizona’s Wrongful Death Statute
There are limitations and restrictions on who can file a wrongful death claim in Arizona.
- Only a surviving wife, husband, child, parent or guardian, or personal representative of a deceased person can file an action for wrongful death in Arizona. If none of these have survived, a personal representative can file on behalf of the decedent’s estate.
- If a child has died due to a wrongful death action, either of the child’s parents may file the wrongful death claim. A child’s legal guardian is also authorized to file such a claim.
Who receives the money if a wrongful death claim is compensated?
- Any money that is recovered in a wrongful death claim must be divided among the parties who are specified above, each receiving an amount that is in proportion to their damages. Any money that is recovered for the deceased’s estate becomes one asset of the estate in whole.
- If any person listed above is found guilty of the death of the person for whom the action is filed, that person is disqualified from receiving any wrongful death benefits.
Who, exactly, qualifies as a “personal representative” under this law?
- A “personal representative” of an estate is defined as any person to whom letters of testamentary or of administration have been granted by a competent authority (such as a judge) under the laws of Arizona or of any other state.
Contact Our Personal Injury Law Team Today
If you, or someone you know, has lost a family member because of another person’s negligence, you may be qualified to receive compensation for this loss. Although it is true that no amount of money could ever replace the life of your loved one, you should not be forced to carry a burden of that loved one’s loss of income, funeral bills, unpaid medical bills, and any other damages that have been caused by the untimely death of your loved one. Our personal injury law team comprehends the severe loss which you are currently undergoing, perhaps at the most difficult time of your life. We will provide sympathetic, compassionate, and committed legal representation to you and your family in the state of Arizona.
Contact our personal injury wrongful death lawyers today. We can offer you a free consultation in which you can describe to us what has occurred to cause the death of your loved one. We are available any day of the week, at any time of the day or night that suits you, to discuss your case. Please let us lessen a portion of your financial burden by helping you file a wrongful death claim in Arizona today.