Wrongful death claims are made against a person who can be held liable for the death of another. A wrongful death constitutes that a fatality must be caused by some form of negligence. Examples of negligence are an auto collision caused by another driver or medical malpractice.
How Does a Wrongful Death Lawsuit Work?
Wrongful death claims are brought into civil action by a personal representative of the deceased victim. According to subsection A of Arizona Revised Statutes (ARS) 12-612, action for wrongful death is initiated by the surviving spouse, child, or parent/guardian.
A personal representative of the deceased person can be used on behalf of the surviving family member. If none of the family members are alive, a personal representative can be appointed on behalf of the decedent’s estate.
What Damages Are Available in a Wrongful Death Case?
The dollar amount recovered in a wrongful death case will be distributed to the plaintiff. If recovery is on behalf of the descendant’s estate, the amount is then an asset of the estate. ARS 12-612 is in place to fairly award survivors of the case.
A jury will determine how much to award each survivor. They evaluate damages based on factors that include:
- The financial dependency of survivors on the deceased
- Emotional damage
- The cost of the funeral
- and future earnings of the deceased.
When a decision is made by the jury, compensation is distributed as the court sees fit.
What Are Damage Awards Subject To?
Damages awarded are not subject to debts and liabilities of the deceased when awarded to a survivor. However, if the wrongful death claims are made on behalf of the estate, damages are used to settle the deceased person’s debts and liabilities.
Here at Karnas Law Firm, we want our clients to be aware of who can make wrongful death claims and the recovery that can be made. If you have lost a loved one due to negligence, contact us anytime.
Experienced Car Accident Attorneys in Yuma, Arizona
If you’ve suffered from a car accident, you’ve already suffered enough. Don’t go through the aftermath of the accident alone. Reach out to our proven and trusted car accident attorneys today.
The Tucson and Yuma car accident lawyers at Karnas Law Firm are here to help you recover the maximum amount available for all associated damages. With more than 25 years of experience representing injured accident victims in Arizona, we understand the stress of being injured as a result of a third party’s negligence. Our team can lift the burden of settling a personal injury claim from your shoulders and relentlessly fight for fair compensation.
Our attorneys are known as some of the top lawyers in the business and have received accolades such as Top 100 Civil Plaintiff Lawyers and Top 100 Trial Lawyers. We are also Lead Counsel rated.
We are available anytime at (520) 338-1641 or at our Yuma location at (928) 550-8020. You can also email Olivia Gaxiola at firstname.lastname@example.org to set up an appointment.
To get started on your case, contact us today for a free case evaluation. We look forward to talking to you soon.