Your Guide to a Wrongful Death Lawsuit Payout Process

Losing a loved one is painful in the best of circumstances, but death due to negligence is one of the worst scenarios. Unintentional injuries are the fourth leading cause of death in the US, killing nearly 225,000 people annually.

While recovering financial losses won’t make the pain go away, it can help you seek justice and get some compensation. Read on to learn who can get a wrongful death lawsuit payout and how the process works.

Who Can File a Wrongful Death Lawsuit?

Arizona law cites “wrongful death” as a fatality stemming from a third party’s “wrongful act, neglect, or default.” Usually, this means death due to negligence on the part of the at-fault party.

A distracted driver who hits someone can be sued for wrongful death if the victim passes away. A corporation that fails to put up appropriate signage marking hazards causes wrongful death if an employee dies in a related accident. Someone who did not take proper precautions to secure weapons that were accidentally discharged may be responsible for wrongful death.

Basically, whenever someone dies for preventable reasons, their family can sue the party that could have prevented the fatality.

To file a wrongful death lawsuit, the claimant must do so within two years of their loved one’s death. That’s why it’s important to file ASAP. You don’t want to hit the statute of limitations deadline and no longer be able to receive compensation.

Family Members

Not just anyone can file a wrongful death lawsuit after a fatality. Losing a loved one is always hard, whether it’s a lifelong friend or a sibling. Still, these people cannot file for wrongful death in Arizona.

The only people who can sue for wrongful death in the Grand Canyon State are:

• A surviving spouse
• The child of the person who passed away
• The deceased’s parent or guardian

This is especially due if the death had a financial impact on the person. For example, a spouse contending with a loss may also lose the income that their loved one brought in. In addition to suing for pain, suffering, and grief-related damages, they may also be able to recover compensation for missing wages and household earning potential.

Wrongful death lawsuits also may provide compensation for post-fatality expenses. A surviving parent or child may be able to recover funds to pay for the funeral, wake, cremation, and burial. This can help bring you peace of mind and closure while giving your loved one the send-off they deserve.

Estate Representatives

Besides the listed family members, a personal representative of the deceased’s estate can also sue for wrongful death. Surviving spouses receiving property from the deceased qualify, but they are not the only possibility. Arizona Statute 14-3203 also outlines that the following parties can be representatives:

• A nominated executor of a legally valid will
• Other surviving heirs who are entitled to inherit
• Creditors of the deceased
• Veteran’s agencies
• Public fiduciaries appointed by the state (in the event that no one else is willing to represent the estate)

Note that an estate representative does not keep the winnings of a wrongful death lawsuit that they file. They must give all of the compensation to the surviving family members listed in the previous section. Estate representatives are simply middlemen to make the lawsuit process easier on the family.

The Basics of Wrongful Death Lawsuit Payout

If you qualify for a wrongful death lawsuit, compensation will differ depending on your specific situation. You may be entitled to different types of damages similar to those that other personal injury claimants might receive.

Out-of-pocket medical expenses for the person prior to their death are a common form of compensation. You may also be able to get compensation for wages and benefits that the family would have gotten from the deceased individual’s job and salary. This compensation is intended to cover your expenses after the incident if you relied on the deceased for regular funds.

Funeral expenses are also common, as are property damage costs if anything like a car was damaged during the incident. Wrongful death lawsuits and payout can encompass a wide range of damages.

However, one of the most important damages to families is often non-financial. This is compensation for emotional trauma.

While there’s no way to bring your loved one back, seeking justice can help you find closure and regain a sense of power after tragedy. Money isn’t a replacement for the love, affection, and companionship you lost, but it’s a step toward recompense.

It’s challenging to determine what payout you’re eligible for after a wrongful death lawsuit on your own. An experienced and reputable attorney can discuss the ins and outs of your case with you.

Lawyers will likely have seen cases similar to yours before, so they can give you an accurate assessment of what you may be entitled to. They also are more objective and can give you an unbiased perspective.

Where Does Payout Come From?

The answer to the question of payout source depends on the negligent party’s insurance. Usually, it will come from the insurance policy that they hold most relevant to the wrongful death.

In a car or truck accident, for example, the funds will come from their auto insurance policy. Premises liability insurance will likely cover payout in wrongful death cases that happened on company property. Other potential agencies include those offering homeowner’s, renter’s, or medical malpractice insurance.

It’s heavily dependent on the reason that your loved one passed away. If the at-fault party does not hold appropriate insurance, they may need to cover some of the money out-of-pocket.

Distribution of Wrongful Death Compensation

Distribution of funds after a wrongful death case will also be situational. The only criterion outlined by Arizona law is that the funds should be distributed to “eligible beneficiaries in proportion to their damages.”

This is vague and broad, which can be frustrating for families seeking compensation. However, it can actually be a positive thing since beneficiaries can often determine distribution.

Many families will agree that beneficiaries will distribute damages equally.

Others will allocate different percentages to different beneficiaries depending on how the loved one’s death impacted them. For example, a family may decide that a financially dependent spouse gets a higher percentage of the winnings since they need it to sustain their lifestyle.

How Can You Maximize Your Settlement?

To get the best possible settlement, you’ll first need to talk with all parties involved in your side of the lawsuit. If multiple beneficiaries are coming together to sue, you should discuss how to distribute the payout upfront. This ensures that there won’t be any fighting once the compensation comes to you.

You also need to gather some preliminary evidence. Photos of injuries or the accident site are important. Documentation of medical bills is also critical. If you think you’re entitled to funds that cover wages and benefits, set some past pay slips aside to show to your attorney.

Make sure that you also avoid putting anything about the case in writing. Posting on social media or texting with friends and colleagues is undoubtedly tempting. However, it can be disastrous if the defendant’s lawyer or insurance company sees these posts and messages.

Be careful about who you talk to. An attorney can guide you if you’re unsure of how to conduct yourself during the process of reaching a settlement.

Get a Lawyer

To get the most out of your wrongful death case, it’s critical that you hire an experienced attorney who is seasoned in wrongful death lawsuits. Lawyers know how to negotiate with the insurance agencies offering payout without getting duped into a lowball settlement. In fact, some seasoned attorneys will have negotiated with the exact agents before, so you’ll get knowledgeable help.

An attorney can assist you in many ways, including:

• Giving you legal context for a wrongful death case
• Helping to assess the situation impartially without a lens of understandable grief
• Collecting important evidence (such as photos, security footage, and eyewitness reports)
• Conducting interviews with relevant medical experts
• Working with accident reconstructionists to understand what happened better
• Conducting reliable and expert-level negotiations with insurance companies
• Representing you in court when necessary
• Keeping you in the loop about the status of your case at all times

This can help you get the highest settlement possible. You’ll have someone advocating for you, and you’ll also have a lot of reliable information compiled about the incident. This paints a full picture of the impact that the wrongful death had on your family so you can get the best possible settlement.

Recover Damages After Wrongful Death

Now that you understand the wrongful death lawsuit payout process, it’s time to begin the process of seeking compensation. A caring and compassionate attorney can assist you, especially one with the experience to negotiate effectively on your behalf.

A short consultation will allow you to see how we can support you, and we’ll begin collecting evidence to support your case as soon as we get off the phone. Contact Sweet Lawyers today to reach a settlement after death due to negligence.