Who Can File a Wrongful Death Claim?

Posted on June 27, 2022 in Personal Injury

411 on Wrongful Death Lawsuit

A wrongful death lawsuit is the last thing you want to think about after losing a loved one. However, when a person dies because of someone’s intentional action or due to a person or a company’s negligence, it can be considered a wrongful death.

While the victim cannot hold the party responsible for their death and owed compensation, certain family members close to the deceased can file a lawsuit. Find out who can file a wrongful death suit to seek damages, and what type of compensation they can request.

Who Can File a Claim?

When someone dies due to wrongful death, who is eligible to file a claim in a wrongful death lawsuit can vary by state. In Arizona, those allowed to file a claim in the civil court are set forth in Section 12-612 of the Arizona Statutes as:

· The deceased’s surviving spouse.

· The deceased’s surviving children.

· The deceased’s surviving parents or guardians.

· The deceased’s representative of their estate.

· The representative of the deceased’s spouse, child, parent, or guardian.

If a child is the victim of wrongful death, the parents or guardians can file a claim on their behalf.

Arizona law provides that “the amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section in proportion to their damages, and if recovery is on behalf of the decedent’s estate the amount shall be an asset of the estate.”

You should work with your wrongful death attorney to determine if your family has a claim and who can file it. Your lawyer has the expertise to ensure you file the claim correctly and build the best case possible to win.


Qualified family members can seek various types of compensation in wrongful death lawsuits. You can typically seek damages for any losses to the person’s estate, such as:

· Funeral and burial expenses.

· Medical bills for treatment before death.

· Lost wages and benefits they would have earned had they lived.

· Replacement or repair of any property damaged in the accident.

· Pain and suffering endured by the deceased.

You can also try to get compensation for losses the family suffered, including:

· The lost value of household services performed by the deceased.

· Pain and suffering caused by the untimely death.

· Loss of companionship, care, comfort, guidance, etc.

Your wrongful death lawyer will help you determine how much you can seek in damages and what you should be compensated for. To help your attorney, it’s important to keep all medical bills, medical records, invoices for funeral expenses, and other receipts and documents.

You may want to keep notes on all the ways your life has been negatively impacted by the loss of your loved one, both emotionally and financially. Your notes can be helpful to your lawyer in determining the types of damages you suffered.

Experienced Attorneys Ready to Handle Your Wrongful Death Lawsuit

If you lost a loved one due to wrongful death, contact the attorneys at Gallagher & Kennedy at 602-530-8400. We care about our clients and are committed to using our skills, work ethic, and resources to help you or your family obtain compensation and justice.

At Gallagher & Kennedy, we approach each wrongful death case with sensitivity to factors such as time and legal costs. We work hard to achieve clients’ goals through a results-oriented focus after meeting with clients to get to know them. Our Phoenix personal injury lawyers personalize our services based on each unique family. Contact our office today for a one-on-one interview with one of our Phoenix wrongful death lawyers. Let us fight for the justice you deserve.