Our legal team is here to handle the complexities of your claim so you can focus on healing and honoring your loved one’s memory. Let us stand by your side and fight for the full compensation your family is entitled to under Arizona law.
When a family loses a loved one due to someone else’s negligence or wrongdoing, their grief is often accompanied by a host of material concerns: funeral costs, unpaid medical bills, and the sudden loss of income and support. Arizona law allows surviving family members and the estate of the deceased to seek financial relief by filing a wrongful death lawsuit.
Understanding the types of wrongful death damages in Arizona is critical for families pursuing justice and accountability. An experienced Arizona wrongful death lawyer can help you evaluate your claim, calculate damages, and advocate for the full compensation your family deserves.
Overview of Wrongful Death Compensation in Arizona
In a wrongful death claim, damages are intended to make up for the losses suffered as a result of the victim’s death. These may be awarded to the estate or directly to surviving family members. In Arizona, compensation is generally categorized into two main types: economic damages and non-economic damages.
Whether the fatality occurred on a busy stretch of I-10 near downtown Phoenix, a pedestrian crosswalk near the University of Arizona in Tucson, or due to medical malpractice in Scottsdale, the types of compensation available remain consistent under state law.
Economic Damages in Arizona Wrongful Death Cases
Economic damages in Arizona are measurable, financial losses that stem from the wrongful death. These losses are not capped and can be calculated with documentation such as receipts, pay stubs, medical bills, and expert testimony.
Common types of economic damages include:
- Medical expenses: Any healthcare costs related to the injury or illness that led to the death, including hospital stays, emergency care, and surgeries.
- Funeral and burial costs: Reasonable expenses for funeral services, cremation, or burial.
- Loss of income and benefits: The value of the wages, health insurance, retirement benefits, and other income the deceased would have earned if they had lived.
- Loss of services: The economic value of tasks the deceased performed, such as childcare, housekeeping, or vehicle maintenance.
For example, if a father working as an electrician is fatally injured in a collision on US-60 near Mesa, his family may claim economic damages for his lost future income and the services he provided at home.
Non-Economic Damages in Arizona Wrongful Death Cases
Non-economic damages are more subjective and difficult to quantify. These losses focus on the emotional and relational toll the death has taken on surviving family members. While they don’t come with receipts or financial statements, these damages are no less important in reflecting the full impact of the loss.
Examples of non-economic damages include:
- Pain and suffering: The emotional anguish, grief, and mental suffering experienced by survivors.
- Loss of companionship: The loss of love, affection, and support that the deceased provided to their spouse, children, or parents.
- Loss of consortium: The loss of marital relationship, intimacy, and partnership.
- Loss of guidance and mentorship: Especially relevant when children lose a parent, this covers the emotional and developmental void left behind.
In Arizona, juries are instructed to use their judgment to assess these intangible losses. While there is no formula, the severity of the circumstances, the strength of the relationship, and the age and dependency of survivors all play a role.
Compensation for the Estate vs. Compensation for Survivors
It’s important to distinguish between compensation for the deceased’s estate and compensation for individual survivors. In Arizona, both may be part of a wrongful death case, depending on how the lawsuit is filed and who brings the claim.
- Estate-related damages may include:
- Medical expenses and pain and suffering experienced by the deceased before death
- Funeral and burial costs
- Loss of earnings from the time of injury to the time of death
- Survivor-related damages may include:
- Emotional suffering of surviving family members
- Loss of financial support, companionship, and services
For instance, if someone is fatally injured in a motorcycle accident on Loop 101 and passes away days later, the estate may recover compensation for the decedent’s suffering and medical care before death, while the family may seek damages for their emotional and financial losses.
Are Punitive Damages Available?
While the majority of wrongful death damages in Arizona are compensatory, punitive damages may also be awarded in cases involving especially reckless or intentional misconduct. Punitive damages are meant to punish the wrongdoer and deter similar behavior, rather than compensate for specific losses.
Examples where punitive damages might apply include:
- A high-speed collision on Bell Road caused by a drunk driver
- A defective product knowingly sold by a company that leads to a fatal injury
- Gross negligence by a healthcare provider that results in a preventable death
These damages are rare and are only awarded when the defendant’s behavior is particularly egregious. Your Arizona wrongful death lawyer can determine if your case qualifies for punitive damages and help gather the evidence needed to support the claim.
How Are Damages Divided Among Family Members?
When multiple family members are eligible to receive compensation, the distribution of damages may be handled through negotiation, court determination, or according to Arizona’s intestate succession laws if no will is in place. Typically, a court will evaluate the nature and extent of each survivor’s loss to determine a fair division.
Factors that influence distribution include:
- The closeness of the relationship to the deceased
- Financial dependence on the deceased
- The emotional impact of the death on each survivor
A skilled wrongful death attorney can ensure that the process is handled fairly and that your voice is heard in settlement discussions or court proceedings.
Talk to an Arizona Wrongful Death Lawyer Today
If you’ve lost a loved one in a preventable tragedy, on the roads of Phoenix, in a Tucson hospital, or anywhere across Arizona, you may be entitled to significant compensation for your loss. Understanding your rights and the full value of your claim is the first step.
Call National Injury Help at 1 (800) 214-1010 to speak with a trusted Arizona wrongful death lawyer. We’ll help you seek justice, obtain the compensation you deserve for your loss, and hold the responsible parties accountable. Get the guidance and support
