When a victim dies due to someone’s intentional or accidental negligence, such as a car crash, surviving family members can pursue justice on their behalf. In Arizona, those who are eligible to file a wrongful death claim include the decedent’s spouse, child, parent or estate representative.
The common damages they can recover tend to be financial in nature. These economic losses cover reasonable funeral and burial expenses, the decedent’s medical bills, lost wages the decedent would have earned had they survived, and property repair or replacement.
However, not all damages are quantifiable. Surviving families may also experience intangible losses that may not have a direct amount but still deserve compensation.
Identifying noneconomic damages
The devastation from losing a loved one can impact surviving families’ well-being in ways that can have long-term adverse consequences. So, it will help if the eligible party knows the noneconomic damages they can claim, including:
- Emotional and mental pain and suffering
- Loss of love, affection, intimacy, companionship or consortium
- Loss of household services or the decedent’s role in maintaining the household, such as being the family’s primary breadwinner
A wrongful death case can have an amicable resolution or a disputed litigation. Surviving families may negotiate and settle with the defendant’s insurance company. On the other hand, suppose both parties continue to disagree on terms. In this case, the judge can decide how much to award based on presented proof and other relevant factors.
In truth, no amount can sufficiently compensate for the profound loss of a loved one’s death. However, with their legal team’s guidance and support, surviving families can use the financial relief to help them move forward. Doing so can also bring the decedent to an honorable and peaceful rest.