The term "wrongful death" usually refers to an accidental death caused by another person's carelessness or negligence. Examples include auto, truck, boat and bicycle deaths caused by negligent, careless, inattentive, speeding and drunk drivers; drowning; pedestrian deaths; construction accidents and OSHA violations; defective or dangerous products; and even deaths caused by shootings, stabbings or strangling, where those deaths could have been prevented by good security measures. These are just a few of the thousands of examples of "wrongful deaths." Whether your loved one was a wage earner or not, we are interested in evaluating the facts behind the fatality. If the death was caused by the negligence of another person or entity, a wrongful death lawsuit may provide a path to justice in the courts — and practical help for the family left behind. We apply an in-depth understanding of the workings of the justice system on behalf of surviving family members after an accidental death.

Whether the death is the result of a motor vehicle accident, construction site accident, or some other unnecessary tragedy, the grief and burdens upon the surviving family members are compounded exponentially. At The Watkin Law Office, we understand the difficulties our clients are experiencing and lift some of their burdens. We help them find answers after losing a husband, wife, mother, father, son as the result of the negligence of another person or company. Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. In Arizona, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. Contact The Watkin Law Office, P.C. to schedule a complimentary consultation on a potential or ongoing wrongful death case.

Monetary Damages in Wrongful Death Cases

Lawsuits for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual's death. Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. Assuming it was the wrongful actions or inactions of another that caused the death, a lawsuit against that person or company may be brought -- generally by a surviving spouse, parent or child of the person who has passed away. Aunts and uncles, cousins and people who act as parents (but are not biological or adoptive parents) are usually not eligible to recover under Arizona's wrongful death statute.

In Arizona, either the jury or the judge (if there is no jury) will decide how much money to award the "statutory survivors" of the decedent. The amount of the money damages awarded for wrongful death is based on varying theories, including (but not limited to) how much the deceased would have provided to the survivor(s) if he or she had not been killed The amount includes income, pension distributions and even services such as taking care of the children. Also, the surviving plaintiff may recover compensation for the loss of love, companionship and guidance of the deceased. This is especially relevant for children who have lost a parent.

As you might imagine, it is difficult to "put a number" on the value of a lost life; but determining the proper compensation for the financial loss that the death has caused it really the only semi-practical remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:

• How much money did the deceased earn?
• How much money did the deceased save?
• How financially dependent were the survivors on the deceased?
• Health
• Life expectancy
• Funeral expenses
• Medical expenses

The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Punitive damages are available, however, if it can be shown the defendant acted with evil, reckless or malicious intent. Ironically, if the defendant's actions were "intentional," then any insurance he or she may have will likely not cover the claim. It can get rather complicated.

IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."

Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:

• Expense associated with the death, e.g., medical and funeral.
• Lost benefits, such as insurance, from the death
• Loss of inheritance from an untimely death
• Pain, suffering or mental anguish suffered by the survivor of the decedent
• Loss of companionship, care or protection
• Punitive damages, intended to punish wrongdoers and prevent them from harming others
• Loss of Parental guidance
• Loss of Companionship
• Loss of Affection

In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.

The Wrongful Death of a Child or an Elderly Person

No matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what has been lost. For more information on how the law applies to the wrongful death of your child or elderly relative, contact an attorney.

When an adult dies, it is easier for a court to quantify the economic loss. The court can consider the wages the person earned and how he or she contributed to the finances of the family. A minor child (under the age of 18) is typically not contributing to the household income; but a child contributes in other ways. Parents therefore can recover for the loss of the child's companionship and affection. Parents who can recover for the death of a child generally include the child's mother, the child's acknowledged father or the child's adoptive parents. People who act as the child's parents, but are not legally the child's parents, usually cannot recover compensation. When an adult child suffers a wrongful death, the court may approach the situation from a different angle. For the parents to recover, often the child must have been contributing money to the parents' household or providing valuable services to the parents. This view of the law, however, varies from state to state. Whether the child was married also may affect the parents' rights.

The wrongful death of an elderly person can leave the spouse or children with a loss of both companionship and monetary contributions. The surviving spouse may have been relying on the pension of the deceased; if the pension plan does not have a survivorship benefit, the spouse may have lost quite a bit of money due to the death of his or her loved one. Many courts will take this into account when calculating damages. Courts also may take into account the companionship, guidance and affection provided by the elderly person to the children or spouse. On the other hand, the court will also factor in the age of the decedent; the damages will be calculated taking all of these elements into consideration.

Time Limits - Statute of Limitations

If you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. It helps to ensure that the legal process moves forward and that evidence is still available and fresh in the minds of witnesses. When the statute of limitations has run, there is no longer an entitlement to take legal action on a matter. This gives a serious responsibility to people who may wish to file a lawsuit. An attorney can answer your questions about how much time you have to take action.

Frequently Asked Questions about Wrongful Death

What is the difference between a civil case and a criminal case against someone who caused a death?

A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.

Are punitive damages recoverable in wrongful death actions?

Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant's behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases. Your attorney can tell you more.

What if a person dies before bringing a personal injury lawsuit?

If the person's death is a direct result of the injuries caused by the defendant's negligence (i.e., injuries that would have been the subject of a "personal injury" lawsuit), then: (a) a wrongful death lawsuit may certainly be brought by the survivors for their own losses; but (b) the only "personal injury" lawsuit permitted is one brought by the decedent's estate, and it will be limited to recovery of the decedent's medical and other expenses incidental to his pre-death injuries. Remember: if the statute of limitations has run on the personal injury lawsuit, and the death resulted from those injuries, the legal claim may not be valid anymore. Competent legal advice can help you sort out your state's approach.

Can a plaintiff bring a wrongful death action if the deceased never had a job?

Yes. Even if a loved one never had a job, he or she might have contributed to the family in other ways. The plaintiff may be compensated for services the deceased person had been providing and would have continued to provide. This includes housekeeping, childrearing and similar activities. In Arizona, the plaintiff also may recover for the loss of companionship in addition to medical and funeral expenses. If the loved one was in school to prepare for a profession, this could also be taken into consideration.

Can a plaintiff sue for the pain and suffering of the decedent in a wrongful death lawsuit

No. Although Arizona awards pain and suffering damages the person who experienced the pain and suffering, in a wrongful death case, the decedent's pain and suffering, if any, may not be recovered by his survivors. The survivors may only recovery damages for their own pain and suffering -- caused by the loss of the decedent.

Can I bring a wrongful death action based on the death of a child or an elderly person

Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It will likely focus on the non-monetary contributions or the services that the deceased provided to the family.

Clark Watkin has practiced trial law in Arizona since 1977. He is skilled and accomplished as both a settlement negotiator and a trial lawyer and has handled complex civil trials throughout his career. The Watkin Law Office, P.C. seeks the maximum compensation to help your family recover from a devastating loss and continue on with life.

Contact us at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.

The Watkin Law Office, P.C. represents serious injury and wrongful death clients throughout Arizona, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Cave Creek, Carefree, Fountain Hills, Paradise Valley, Surprise, Queen Creek, Apache Junction, Goodyear, Casa Grande, Gila Bend, Tucson, Flagstaff, Sedona, Prescott, Wickenburg, Sun City, Anthem, Payson, Yuma, Lake Havasu City, Kingman, Show Low, Pinetop, Lakeside — Maricopa County, Pima County, Pinal County, Coconino County, Yuma County, Navajo County, Apache County, Mohave County, Yavapai County and Gila County.