Wrongful death case – What damages are available?

May 28, 2021

Wrongful death case – What damages are available?

wrongful death case arizona

It’s a truly difficult time in your file when you lose someone you care about because of someone’s negligent, careless and intentional actions. In these cases, both the loved one’s family and the state are able to recover some form of compensation through a wrongful death case in Arizona.

Today we would like to discuss what various types of economic and non-economic compensations can you and the estate recover in these situations.

Wrongful death case in Arizona – Types of compensation

If successful with their wrongful death case, there are various types of compensations for the deceased’s family and estate. But in general, these are the most common types available:

Economic damages – the type of damages that can be accurately and simply calculated, such as:

  • Financial support the deceased would provide to their family
  • The gifts and other benefits the family members could receive from the deceased during his/her lifetime
  • The value of household services the deceased would provide
  • Burial and funeral expenses.

Non-economic damages – unlike economic damages, these can’t be simply calculated because they represent the immeasurable aspect of the deceased’ life. They can often include:

  • Protection and affection that the deceased would provide
  • Society and companionship
  • Moral support
  • Sexual relation (in the event the deceased is the spouse)
  • Guidance and training

Punitive damages – Unlike economic and non-economic damages which are awarded in every wrongful death case, punitive damages aren’t. Punitive damages are limited only to cases and circumstances where the defendant’s conduct has been found to be especially shocking or egregious.

Punitive damages not only punish the defendant not to behave like this again, but also send a clear message to others that this type of behavior is unacceptable.

Are there wrongful death damage caps?

Some U.S. states limit the amount of compensation you can receive for a wrongful death case. But the Constitution of Arizona prohibits such caps and damage limits, so both the family and estate can recover any amount of compensation that they jury seems fit to award.

The state of Arizona however prohibits recovering punitive damages in wrongful death cases from public entities and public employees. But the plaintiffs are still able to recover both economic and non-economic damages for the public entity/employee.

Who can recover these compensations?

In Arizona, the law specifically lists and limits who can file a wrongful death claim. This includes:

  • Spouse of the deceased
  • Children of the deceased
  • Representative of the deceased’s estate
  • Representative of the deceased’s spouse, children, guardian or parent.

We face difficult times after a death of a loved one, and navigating a wrongful death case isn’t something you should be doing on your own. In fact, the process can be quite complicated so you will need help from an experienced attorney. At Schenk Podolsky we will not only investigate your claim, but also determine the liability of your case and help you obtain maximum compensation possible.