Can Siblings Sue for Wrongful Death in Arizona?

In Arizona, siblings (as well as grandparents, cousins, and unmarried partners) cannot sue another party for the wrongful death of a loved one. Immediate family members who can file a lawsuit are the deceased’s surviving spouse, children, or parents.

That said, there are situations when siblings can get directly involved in a wrongful death lawsuit after consulting with a car accident attorney in Phoenix. For example, siblings may be appointed by the court as a representative for a qualifying family member or as the executor for the deceased’s estate. In some cases, a surviving family member may ask a sibling to handle the claim on their behalf, or a sibling may need to step in if there aren’t any other surviving family members who can take on the responsibility.

Limiting who can sue for wrongful death is a way for the Arizona legal system to ensure that those directly impacted by the death are adequately compensated.

Explaining Wrongful Death in Arizona

When someone is responsible for the death of another human being, surviving family members can file a wrongful death lawsuit regardless of whether the action was intentional or negligent. Wrongful death claims are usually associated with car accidents, medical malpractice, faulty products, workplace accidents, and criminal activities.

Arizona law refers to those who have a right to damages in a wrongful death case as statutory beneficiaries, and gives priority to each party as follows:

1. Surviving spouse: A husband or wife of the deceased has the primary right to a wrongful death claim. Unmarried partners do not. 
2. Surviving children: Biological or adopted children of the deceased can file a wrongful death claim if there is no surviving spouse or the spouse does not want to file a lawsuit.
3. Surviving parents or guardians: If there are no surviving spouses or children, parents or legal guardians can file a claim.

Rights in a wrongful death suit are focused on the nuclear family. Arizona law allows a sibling acting as a personal representative or executor to file a wrongful death claim, but not as an individual.

A wrongful death claim is also different from a survival action, which focuses on the losses and suffering the deceased experienced from the time of the accident until their actual death. A sibling representing an estate could also pursue this legal path to recover costs for medical bills, loss of income, and pain and suffering experienced during this specific time period.

What a Personal Representative Does

In a wrongful death case, a personal representative steps into the shoes of one or more of the statutory beneficiaries. They serve as the primary point person in the legal proceedings and ensure everyone’s interests are represented.

Personal representatives have a fiduciary responsibility to protect the interests of the estate and beneficiaries. This often involves hiring a qualified attorney, gathering evidence to support a claim, learning what the role of accident reconstruction is in lawsuits, making legal decisions, communicating with beneficiaries, managing and distributing settlement payments, and anything else necessary to bring the wrongful death lawsuit to a fair resolution.

How a Sibling Becomes a Personal Representative in Arizona

If a sibling wants to become a representative for a surviving family member in a wrongful death case, they need to file an application with the Maricopa County Superior Court. In addition, they may need the beneficiaries’ consent, post a bond, and take other actions to make their appointment legal in the state. The representative must be eighteen years old, have never been convicted of a felony, and complete mandatory training.

To ensure all legal procedures are followed and the application to become a personal representative is approved by the court, contact an attorney from the Gage Mathers Law Group who understands the Arizona car accident wrongful death process. Our award-winning team has decades of experience and a near-perfect success rate representing victims of accidents and their families.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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