The Difference Between Arizona Wrongful Death and Survival Action Claims
Losing a loved one is never easy and when you lost your loved one from an accident that ended their lives in a shocking manner and too early, it can be even tougher to cope. If you lost your loved one in Arizona because of the negligence of another party you may be able to file an Arizona wrongful death suit against the party that was responsible. There are very specific parties or entities that have the ability under the law to file a wrongful death suit in Phoenix including:
- A surviving spouse
- Surviving children
- Surviving parent or guardian
- A personal representative of the deceased’s qualified family member
- A personal representative of the deceased’s property and wealth
Any legal action that is filed in Arizona has a timeframe under the law for when a victim can bring forth a suit. This limited amount of time to take legal action against reckless parties that caused your harm is called the statute of limitations. The Arizona statute of limitations for a wrongful death suit is two years from the time a person died.
Who Gets the Money from an Arizona Wrongful Death Claim?
The parties or entities that get the money from an Arizona wrongful death claim will depend on which type of suit is filed. Either an Arizona wrongful death claim or a survival action claim may be filed by the eligible parties. The difference is that a wrongful death claim is filed by the estate of the person who lost their life. In contrast, a survival action claim is a suit that is pursued by surviving family members. When a claim settles, then it is the party or entity that filed the suit which will benefit from the money from the settlement.
If the estate files the claim, then they will receive the compensation. Then, any beneficiaries that exist will obtain their portion of the money in the settlement. The payout will be directed by the will or wishes of the deceased. When a survival action claim is filed by the surviving family members, the compensation that is sought will be paid directly to those family members. If family members work with an Arizona wrongful death attorney, then the family’s attorney will be dispensed the money. The attorney would then distribute the money to qualified family members based on the deceased’s will.
When there is no will, the process of obtaining compensation and distributing it becomes more complex. However, still, family members can obtain compensation from a settlement. Without a will, though, there could be disputes that arise amongst those that are awarded portions of the compensation amount. This is because the court system will become involved and be making decisions as to who gets what.
Speak with an Arizona Wrongful Death Attorney Today
Wrongful death cases in Arizona can be particularly hard because of the immense amount of emotion, due to the parties that are affected and who have the legal right to sue, as well as if the deceased did any estate planning. The compassionate and skilled Phoenix wrongful death attorneys at ELG can help you through the process and work with you to make sure that your interests are best represented and the wishes of your loved one are respected and protected. Call ELG today to schedule your free consultation at (623) 877-3600.