The sudden death of a loved one is a tragic thing to experience. It takes a lot of strength and courage to move on afterward. Pursuing compensation from whoever was liable for the accident is the best way to get justice for both you and your loved one. In a wrongful death case, the defendant faces similar penalties as those in personal injury cases. They must give the deceased person’s survivors court-ordered financial compensation or damages.
You could receive compensation for multiple losses if you file a wrongful death claim. However, determining how much compensation you can secure is not always straightforward. Numerous factors go into determining the value of a wrongful death settlement. Work with an experienced wrongful death lawyer to understand what your case is worth.
What Cases in Arizona Are Considered Wrongful Death?
While states vary in how they treat wrongful deaths, generally a wrongful death case is similar to a personal injury one. In personal injury cases, a person’s negligent act causes someone else to get injured and potentially suffer further losses because of that injury. As a result, the injured person may file a claim against the person responsible for their accident to recover damages for what they’ve lost.
Arizona law treats wrongful deaths similarly. Arizona Revised Statutes § 12-611 states that death is considered wrongful if:
- The death was caused by a wrongful act, neglect, or default; and
- The wrongful act, neglect, or default would have entitled the injured party to file for damages if death had not occurred.
Essentially, any case that could have been considered a personal injury case can be considered a wrongful death case if the victim succumbs to the injuries from their accident. Statutes § 12-611 also requires that in these types of cases, the person who would have been liable if death had not occurred shall be liable to an action for damages, despite the injured person dying. The deceased’s survivors may pursue financial compensation for themselves and on behalf of the deceased.
How to Determine What Your Wrongful Death Settlement Is Worth
As the deceased’s representative, if you choose to file a wrongful death lawsuit, you can attempt to recover damages for any losses you and the deceased have suffered due to the accident. However, you mustn’t underestimate or overestimate how much you can recover.
What Financial Losses Have You Suffered?
Before your loved one passed away, they may have incurred debt from medical treatment they received after their accident. Survivors can recover compensation for these expenses. You may also recover damages for your loved one’s funeral and burial expenses. The cost of memorial services, cremation, funeral, and burial could be factored into your settlement.
If your loved one was a source of income for your family, their death means that you have also lost financial support. Together with a lawyer, you can calculate the value of the deceased’s wages, benefits, and any potential earnings they likely would have made were it not for their untimely death to recover it as a financial loss.
Can You Prove That You Suffered Emotional Damages?
While financial damages are typically the main focus of claims, you should know that it’s possible to recover emotional damages in your wrongful death case. Though the value of emotional damages is more difficult to prove, you shouldn’t underestimate the impact death can have on your mental health. Grief can negatively affect your quality of life for an indeterminate amount of time. A skilled wrongful death lawyer will be able to evaluate your case and estimate the value of your suffering so that it can be fairly compensated in your payout.
Get Legal Advice from Qualified Arizona Wrongful Death Lawyers
It’s challenging to deal with the aftermath of a loved one’s death. Funeral costs and hospital fees can quickly pile up, and the liable party should be held accountable for their actions. As their survivor, you have the right to seek compensation for both you and your loved one’s losses. Many factors go into calculating your settlement, so consult an experienced wrongful death lawyer to be sure you’ve covered everything.
The legal team at Feller & Wendt, LLC will be a valuable asset to your case. Our firm is skilled at ensuring that our clients receive adequate compensation for their losses. Schedule a free legal consultation with one of our highly qualified attorneys to explore the potential worth of your wrongful death case. Call us at (480) 702-2277 or submit our contact form.