The death of a family member is never easy to cope with. If your family member passed away under wrongful circumstances, like an accident or an act of violence, you and your family may be navigating an extremely difficult time. Although it may be difficult, you should contact a lawyer as soon as possible to discuss possible settlements.

Your attorney can help you get a good settlement that includes compensation for economic and non-economic injuries. The economic costs of your family member’s passing, the loss of financial support from your loved one, funeral costs, your family’s non-economic injuries (e.g., pain, suffering, distress), and various aggravating and mitigating factors should be considered when we negotiate a settlement.

Call our Arizona wrongful death lawyers with the Phoenix Accident and Injury Law Firm for a free legal review at (480) 428-0816.

What Factors Are Considered in a Good Wrongful Death Settlement?

A good wrongful death settlement should take numerous factors into consideration. Your attorney should help you make sure that your settlement addresses all your economic and non-economic needs.

Economic Costs

First, a good settlement should adequately cover your financial costs, whatever they might be. Common economic injuries in wrongful death cases include, but are not limited to:

• burial and funeral costs,
• lost financial support from the deceased person, and
• the cost of certain services your loved one provided, like caregiving or child care.

If a final settlement leaves you with unpaid debts, it may not be a good settlement.

Non-Economic Injuries

Your non-economic damages should also be considered, even though they are arguably harder to evaluate as a dollar amount. Losing a loved one is painful, even traumatic. The distress you and your family experience deserves compensation, and your lawyer should make sure that a settlement addresses these concerns.

Damages for pain and suffering experienced by the deceased person before they passed away are explicitly prohibited in wrongful death and survival claims. This can be difficult for families whose loved ones greatly suffered from their injuries before passing away, but these damages are generally unavailable.

What Do I Need to Negotiate for a Good Wrongful Death Settlement in Arizona?

Negotiating a settlement will not be easy, and you should hire an experienced attorney to help you prepare.

Medical Records

First, our Arizona wrongful death lawyers need copies of your loved one’s medical records pertaining to their fatal injuries. These records are crucial for proving the victim’s cause of death and connecting their death to the defendant’s actions.

Evidence of Fault

We must have some proof that the defendant’s wrongful actions are directly responsible for your loved one’s passing. This evidence will depend on how your loved one was injured. For example, if they were injured in a car accident, we may need testimony from other drivers, dashcam videos, and photos of the crash scene. The police may have investigated, and we can review formal police reports to see if the authorities uncovered any evidence we do not yet have.

Financial Records

A big part of your settlement will be your financial costs, and we must have evidence showing how much money you and your family lost or had to spend because of the defendant’s wrongful actions. Be sure to save any receipts, invoices, and credit card statements related to your loved one’s passing.

Testimony

Your testimony and testimony from witnesses may also be paramount to your settlement. You and your family may provide testimony about how the wrongful death of your loved one has impacted your lives. Witnesses from the accident that injured your loved one may testify about what they saw. Such testimony can be extremely helpful in settlement negotiations.

FAQs About How to Get a Good Wrongful Death Settlement in Arizona

Should I Accept a Wrongful Death Settlement in Arizona?

Settlements are common in many civil cases, including for wrongful death, and you should consider accepting a settlement if you believe it is good enough. It is a good idea never to accept the first settlement offer, as it is likely the lowest offer the defendant thinks you might accept.

Review any settlement offer with a lawyer before accepting or rejecting it.

What is Considered a Good Settlement for Wrongful Death?

A good settlement will be unique for each case, but it generally includes compensation that addresses economic and non-economic damages in a way that satisfies plaintiffs. A good settlement should cover most, if not all, of your economic costs. It should also sufficiently address the trauma, pain, and grief you and your family have experienced.

What Damages Should Be Considered in a Wrongful Death Settlement?

Damages may include economic costs, such as funeral costs, lost financial support, and various other expenses that families may incur after the death of a loved one. A good settlement should also include compensation for your lost companionship, grief, and emotional pain, as losing a loved one can be emotionally difficult or even traumatizing.

Do I Have to File a Lawsuit to Get a Good Wrongful Death Settlement in Arizona?

Not necessarily. In some cases, defendants realize they are likely to lose a lawsuit and will offer a settlement almost right away. Some plaintiffs quickly negotiate a good settlement without filing anything with the courts. On the other hand, it may be wise to file a lawsuit anyway, as settlement negotiations often break down.

How Long Does it Take to Get a Good Settlement for a Loved One’s Wrongful Death?

The time it takes to get a good settlement varies based on each plaintiff’s specific circumstances. If the defendant is remorseful and realizes they are likely to lose in court, they may quickly offer a good settlement. Other defendants might push back more on your claims, dragging negotiations out for weeks or even months.

Do I Need a Lawyer to Get a Wrongful Death Settlement?

Not necessarily, but having a lawyer is a good idea. You might not think you need a lawyer if the defendant offers a large settlement very quickly. However, you should never accept any settlement without reviewing it with a lawyer. If the defendant is less cooperative and more resistant to your claims, a lawyer may be more necessary to get you compensation.

What Happens if I Cannot Get a Good Wrongful Death Settlement?

If a good settlement is not possible for any reason, your attorney should help you file a lawsuit. Typically, plaintiffs file lawsuits against defendants while negotiations for settlement are underway. If they reach a good settlement, the lawsuit can be dropped. If they do not reach a settlement, the lawsuit has already been filed and is ready to move forward.

Speak to Our Arizona Wrongful Death Lawyers About Negotiating a Good Settlement

Call our Arizona wrongful death lawyers with the Phoenix Accident and Injury Law Firm for a free legal review at (480) 428-0816.