Wrongful Death Claims

Answer:

What constitutes a wrongful death claim? We had that question posed recently to one of our attorneys and this is how our attorney responded. It was a situation involving a couple that had lived together and had never, at least in Arizona, been married. The reason it’s important that someone calls our office and gets the right analysis is because if they had lived in Arizona their entire life, which wasn’t the case, the partner would have had no rights for recovery. However, in that particular case they had lived in another state for the required years and they were considered married in that state. When they moved to Arizona, we could use that and the spouse was able to recover for the loss of the father of her children, so that made a big difference.

Those kinds of issues are not simple that’s why you need to call and talk to one of our attorneys and let them analyze your case. They can then tell you what rights you may have. Now, even in a case where a spouse isn’t married, as the attorney explained, there still can be rights as to, let’s say, the mother to the children, especially if they’re young children. You have to have special protection for the children with setting up protective conservatorship and protecting their money and things like that. One of our attorneys can explain all that. That’s down the road, but you need to be aware of that. The most important question is who is going to actually be in charge of the claim— who’s going to be directing the main part of the case. Call us, and one of our attorneys can explain it. As the attorney explained in that other case, it’s usually the surviving spouse, if we can show that they were legally married. What do you do in a situation where parties to the case don’t get along? Well, they can have their own attorney represent their interests, and we’ve done that before. Maybe the surviving spouse chooses one law firm, and we represent the parents, or the other way around. That way, we actually work together as a team and we can keep, let’s just say, animosity, or keep better feelings among the family members. That can be very helpful because there may be situations where one spouse is driving, possibly got tired or something, and the car crashed and then the other spouse was killed. It’s very common for the parents to lay blame. That’s another reason why we can be helpful, to analyze an accident and show it wasn’t necessarily – these kinds of cases are reasons to call us and let us see how we can most help you and the surviving family members. Remember, in a situation involving the loss of a loved one, their wrongful death, call us and call us early. Don’t call us when the whole family is wanting to blow apart. We’ll get involved but it’s a lot more difficult at that point. Remember, the call is free, and the information and referrals are free. It can make a huge difference to the long-term peace and tranquility of your family. Call us because we are here for you.