Losing a Loved One—Understanding Wrongful Death Settlements in Arizona
The sudden loss of a loved one is heartbreaking—especially when it’s caused by someone else’s negligence. Whether the death resulted from a car accident, medical malpractice, or unsafe premises, surviving family members may be entitled to financial compensation through a wrongful death claim. But how is that settlement amount calculated?
If you’re considering a wrongful death settlement in Arizona, here’s what you need to know.
What Is a Wrongful Death Claim?
A wrongful death claim allows certain surviving family members to seek compensation when a loved one dies due to another person’s wrongful act, neglect, or default. In Arizona, eligible claimants may include a spouse, children, parents, or a personal representative of the estate.
Factors That Impact a Wrongful Death Settlement
No two cases are the same, and many variables come into play when determining a settlement amount. Here are the key factors courts and insurance companies consider:
Economic Damages
These are the measurable financial losses that result from the death, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s expected earnings
- Loss of household services
Non-Economic Damages
These damages are more personal and difficult to quantify:
- Emotional pain and suffering of surviving family members
- Loss of companionship, guidance, and care
- Loss of consortium (spousal relationship)
The Deceased’s Role in the Household
If the person who passed away was the primary wage earner or provided significant support (like childcare or eldercare), the loss may carry more financial weight in a settlement.
Age and Health of the Deceased
Courts often consider the victim’s age, life expectancy, and health prior to the incident when determining potential earnings and contributions over time.
Comparative Fault in Arizona
Arizona is a pure comparative fault state. That means if the deceased was partially responsible for the incident, any compensation awarded may be reduced by their percentage of fault. For instance, if the deceased was found to be 30% at fault, the total settlement would be reduced by 30%.
How Settlements Are Reached
Wrongful death cases are often resolved through:
- Negotiated settlements with insurance companies
- Mediation or arbitration
- Litigation and jury verdicts if a fair agreement cannot be reached
Most cases begin with negotiations, and having experienced legal representation can make a significant difference in securing the compensation you deserve.
Grabb & Durando Can Help You Seek Justice
At Grabb & Durando, we understand the emotional toll of losing a loved one—and the financial stress that often follows. Our team has decades of experience handling wrongful death cases across Tucson and Arizona. We work tirelessly to uncover the facts, calculate damages, and ensure that families receive fair and just compensation.
Let us help you move forward.
Contact Grabb & Durando today for a free, compassionate consultation.
