Who Gets the Money in a Wrongful Death Lawsuit in Arizona?

Arizona distributes wrongful death compensation among the victim’s surviving spouse, children, and parents or guardians. Compensation may also be treated as an asset of the estate. The amount each person gets is based on the value of their losses or the victim’s will, if they left one.

 

What If the Victim Left No Will?

A wrongful death victim’s will may name their personal representative or executor of their estate. This person can file a wrongful death claim on behalf of surviving family members. A will should also outline how the assets in the victim’s estate will be divided among their beneficiaries.

A probate court in Arizona can assign someone the role of personal representative if a will doesn’t exist or didn’t name one. If there isn’t a will, the court will determine who receives the compensation from the claim.

Who Can Bring a Wrongful Death Lawsuit in Arizona?

Under Arizona law, the following parties may file a wrongful death claim:

• Spouses
• Children
• Parents or guardians
• The personal representative

The personal representative of a deceased person in Arizona may file a wrongful death suit on behalf of the above family members. When there are no surviving family members, they can file on behalf of the estate itself. A wrongful death attorney can help you determine who can bring a claim in your specific case.

What Damages Can Be Awarded in an Arizona Wrongful Death Claim?

The damages that may be available in a wrongful death case can vary significantly depending on the facts of the case. A wrongful death settlement in Arizona may account for such losses as:

• Funeral expenses
• Medical expenses for the victim’s final care
• Burial or cremation expenses
• Loss of a loved one’s income and household services
• Loss of a loved one’s companionship, guidance, and general presence in survivors’ lives

Calculating wrongful death damages is a complex process. Legal professionals may use various formulas to assign dollar values to your losses, as well as look to previous lawsuits as a guidepost. This is another task an attorney can help with when filing a wrongful death lawsuit in Arizona.

How Long Can It Take to Receive the Wrongful Death Settlement Money?

Many factors can affect how long it takes to receive compensation in a wrongful death case, including:

• Whether the victim left a will
• Whether the victim’s estate had any outstanding debts
• How much compensation is available
• Whether the liable party’s insurance provider is willing to offer a settlement
• Whether a wrongful death case goes to trial
• How well the family members cooperate with one another throughout the process

It’s sometimes possible to resolve a wrongful death case in a few months. However, complex cases may take several years to resolve. Working with a skilled Arizona wrongful death lawyer can ensure your case stays on track and is handled efficiently.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

Per Arizona law, the personal representative of a wrongful death victim’s estate may also bring a survival action on their estate’s behalf. This legal action accounts for losses the victim could have recovered had they survived.

For example, perhaps the victim sustained injuries requiring medical treatment before eventually succumbing to their injuries. Maybe those injuries also caused them to miss work while undergoing treatment. Their personal representative could file a survival action claim seeking compensation for medical bills and lost wages on behalf of the estate in these circumstances.

There are limits on the types of compensation available in survival actions. They allow a deceased person’s estate to secure compensation for economic losses. However, a survival action doesn’t allow their estate to receive compensation for the victim’s pain and suffering before their passing.

Who Gets the Money in a Survival Action?

Any compensation resulting from a survival action is paid to the wrongful death victim’s estate. Those who receive the money in a survival action are the estate’s beneficiaries. If the victim had a will, it may determine how the money was distributed. A court may step in to decide when there is no will.

What Is the Statute of Limitations for Filing a Wrongful Death Claim in Arizona?

Arizona’s statute of limitations sets a two-year time limit for filing a wrongful death lawsuit. You will likely be unable to receive compensation if you miss the deadline. It’s essential that you meet with a wrongful death attorney as soon as possible to protect your family’s ability to pursue justice for your loved one.

Contact an Arizona Wrongful Death Lawyer

The process of distributing money after a successful wrongful death claim in Arizona can be confusing. Filing the claim won’t be easy either. Pursuing the full compensation that you and your family are owed may require:

• Identifying the liable party
• Gathering evidence of that party’s legal fault
• Determining who has the right to file a wrongful death lawsuit
• Calculating how much compensation you may be eligible to recover
• Submitting a claim and negotiating with the insurance company
• Filing a lawsuit to seek damages at trial if necessary

You don’t have to perform these tasks alone. In the aftermath of a loved one’s passing, your priority should be the emotional needs of yourself and your family. An Arizona wrongful death attorney with Mushkatel, Gobbato, & Kile, P.L.L.C. can handle your case, offering compassionate but aggressive service. Find out more when you contact us for a consultation.

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