Before you contact any wrongful death attorney in Phoenix, AZ, it’s helpful to know a few things about filing this type of claim. Even though a loved one may have died unnaturally in an accident, their death may not meet the requirements for a wrongful death claim. There are several factors in determining if you can successfully file this type of claim.
Only Certain People Can File
The first thing to know is that only certain family members can file a wrongful death claim. These individuals are typically limited to the parents of minor children, a spouse, or the children of the decedent. If the individual had a will in place, the document will designate a personal representative, and that person will file the claim on behalf of the individual’s estate.
There Is a Time Limit
A statute of limitations puts a deadline on how long a person has to file a wrongful death claim in civil court. Although laws vary from state to state, most states grant two years from the date of the death. If you don’t initiate the lawsuit within that two-year time limit, you’re no longer eligible to file.
Accidental Deaths Aren’t Always Wrongful
When you talk to a wrongful death attorney in Phoenix, AZ, they will ask you about the facts surrounding the death. This is important to cover because the attorney must determine if negligence played a factor in causing the accident. If your lawyer can’t prove negligence on behalf of a third party, they won’t be able to pursue the claim.
If you believe the death of a loved one was the result of a wrongful death, consulting an attorney is the best way to get information specific to your situation.
