A guide to wrongful death settlements in Arizona
A wrongful death settlement is often the only way for a family member to seek justice for their loved one who may have died in a situation that could have been prevented.
If you suspect that your family member passed away due to avoidable circumstances, such as a fall within a nursing home fall, you have the right to legal support and can pursue wrongful death settlements in Arizona.
The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have lost loved ones to nursing home wrongful death in Arizona. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call. You can contact us for a free consultation, or read on to find out more.
To assess the rating and uncover any prior violations of the nursing home you have selected for your family in Arizona, we offer our comprehensive nursing home index. This index comprises all nursing homes in Arizona, along with their health code reports. By utilizing this resource, you can make an informed decision about the nursing home’s suitability and minimize the risk of potential issues that may lead to wrongful death settlements in Arizona.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
Our guide to wrongful death claims helps explain what is considered a wrongful death in the state of Arizona, as well as how long a settlement can take and what the compensation is.
What is a wrongful death settlement?
A wrongful death settlement is a specific legal settlement awarded to surviving family members following the death of a loved one.
They are awarded after a case has found that compensation should be granted following a death that could have been prevented.
Every year, wrongful death settlements occur throughout the US, providing a means of justice for individuals who lost their lives in situations that should have been preventable. Wrongful death settlements in Arizona are pursued in various circumstances, including accidents at work and falls within residential nursing homes. These settlements serve as a recognition of the unjust nature of these deaths and aim to provide some form of restitution for the affected families. It is important to acknowledge that wrongful death settlements in Arizona are not limited to these examples and can arise in various other scenarios as well. Other examples of wrongful deaths include:
- Accidental death relating to medication overdose or a medical malpractice
- Drowning or boat accidents
- Pedestrian, motorcyclists and other vehicle accidents
- A workplace accident on building sites or office settings
A wrongful death settlement will have been filed by an experienced attorney who specializes in this area of law, fighting on behalf of a family.
Once the damages are awarded, it is then down to the surviving family members to share and divide the compensation equally amongst themselves.
How do I file a wrongful death claim?
If you have lost a family member or loved one due to suspicious or wrongful circumstances, it is advisable to seek the assistance of a dedicated wrongful death attorney who specializes in handling wrongful death settlements in Arizona. Within the state, numerous experienced attorneys are well-versed in the intricacies of state law and are dedicated to representing families in wrongful death cases. By working closely with these attorneys, you can navigate the legal process with confidence and pursue a rightful wrongful death settlement in Arizona that provides the necessary support and justice for your family.
Many wrongful death attorneys offer a free initial consultation with you to help determine:
- What your situation is
- Whether you have a case
- How they can help you and your family.
Hiring a legal professional means they will handle all aspects of your legal case, relieving you and your family in a very difficult and emotional time.
How long do I have to file a wrongful death lawsuit?
If you’re looking to file a wrongful death on behalf of your loved one, and live in Arizona, you have up to two years from the date they die to file a claim with a wrongful death attorney.
It’s important to act sooner rather than later if you suspect a death could have been prevented as leaving it after two years means by law you won’t have a legal case to file.
Seeking legal advice as soon as you suspect there was obvious negligence surrounding a loved one’s death will help speed up the process and ensure you get the right compensation and legal outcome that correctly reflects the situation.
How is a wrongful death settlement payout worked out?
A specialized attorney will work out the total financial compensation that each unique wrongful death case deserves based on a few different factors.
They will analyze the following and consider the implications of the case based on these:
- The nature of the accidental death
- The age and general health status of the deceased
- The occupation and annual income of the deceased person
- How many dependents are left and their circumstances
- Any outstanding medical bills caused directly by the case
- Any value of lost benefits such as life insurance, pensions, etc.
- All funeral costs
Your attorney will base their final settlement request based on all of the listed factors as they will recognize the importance of considering the deficit caused by the death of your family member.
Wrongful death settlements in Arizona are not arbitrary amounts or determined solely by comparison to other cases. Rather, they are meticulously assessed to account for the unique circumstances of each case. These settlements are carefully calculated to ensure that justice is served and that the compensation reflects the specific situation surrounding the wrongful death in Arizona.
How long does it take to settle wrongful death claims?
As with all legal types of cases, the length of time it takes to reach a settlement depends on a few different factors including how and where the accidental death happened.
Wrongful death claims typically take several years to reach a settlement, as there are many factors to be considered when it comes to proving a death could have been prevented.
The average wrongful death lawsuit handled in Arizona takes between 1 – 4 years with an experienced attorney.
If you choose not to employ a legal representative your claim could be settled in under a year, but there is potential for compensation to be significantly less than if you had legal representation.
If you are contemplating filing a wrongful death case, it is highly advisable to seek legal counsel to navigate the complexities of wrongful death settlements in Arizona. By consulting with an experienced attorney, you can ensure that you and your family members receive appropriate compensation for the emotional and financial toll caused by the loss of your loved one.
A knowledgeable attorney will guide you through the legal process, help you understand your rights, and work diligently to secure the rightful compensation you deserve during the wrongful death settlements in Arizona.
How much will a wrongful death settlement cost me in legal fees?
The cost of seeking legal advice in Arizona depends on who you choose to work with.
The cost of hiring an attorney is typically associated with expertise; the more experience they have and even the number of successful cases they have can significantly impact their fees.
It’s also important to discuss payment with your wrongful death attorney as every law firm works differently when it comes to payments.
Some will want an upfront payment before starting legal proceedings whereas others may simply deduct their fees from your final compensation amount awarded.
How much will the wrongful death settlement be?
In the US, wrongful death settlement payouts range from a few hundred thousand dollars to tens of millions, depending on the individual case and attorney.
The wrongful death settlement will depend on a few different factors including the circumstances in which the death happened.
There is no guarantee of millions of dollars but due to the very nature of wrongful death cases, the surviving family will be compensated for their loss.
In most wrongful death cases, the insurance company representing the company being sued will be making the payout.
Do you have to pay taxes on a wrongful death settlement?
No, according to recent changes in tax law, any settlement related to personal physical injury or wrongful death, including wrongful death settlements in Arizona, is not subject to taxation. Moreover, under state law, as long as the settlement is intended to compensate for damages, the amount received remains non-taxable. This means that individuals and families involved in wrongful death cases can rest assured that their settlements in Arizona will be exempt from taxation, allowing them to fully benefit from the compensation they rightfully deserve.
Who gets the money in a wrongful death settlement?
In wrongful death settlements in Arizona, the unfortunate nature of the situation is that the individual who should rightfully receive the compensation is no longer alive. As a result, any financial compensation awarded is directed to their immediate family members, a legal guardian, or a designated beneficiary as specified in a will. These recipients are entitled to receive the compensation on behalf of the deceased individual in order to address the loss and provide support in the aftermath of the wrongful death incident in Arizona.
In the state of Arizona, the surviving family members will receive the payment and it is then up to the individuals to divide it equally. The following qualifies as an immediate family member:
- A spouse or legal partner
- A sibling
- A surviving child or children
- Legal guardian or beneficiary listed
In the event that family members are unable to reach an agreement regarding the distribution of a wrongful death settlement, it may be necessary to pursue additional legal proceedings within the context of wrongful death settlements in Arizona. These proceedings are aimed at establishing a fair and equitable allocation of the settlement amount among the family members involved. By engaging in this legal process, the court can determine the appropriate share that each individual should receive based on various factors and considerations.
Other frequently asked questions about wrongful death settlements in Arizona
There are many other questions around wrongful death settlements in Arizona that people have including costs and whether insurance policies can cover you for a wrongful death if you’re a nursing home owner.
Does insurance cover a wrongful death case?
If you are a registered and licensed nursing home owner in Arizona, a liability insurance policy can provide coverage for wrongful death settlement payouts. In cases related to wrongful death settlements in Arizona, if your loved one had an active and up-to-date life insurance policy at the time of their passing, the insurance company is typically obligated to make the payout as agreed upon in the policy.
How quickly should I contact an attorney with regards to wrongful death settlements in Arizona
If you have suspicions that your loved one’s death could have been avoided or believe their nursing home could have taken additional measures to ensure their safety, you may have a strong basis for pursuing a wrongful death lawsuit. Such cases seek to secure rightful wrongful death settlements in Arizona for the loss experienced. It is crucial to consult with legal professionals experienced in wrongful death settlements in Arizona to assess the viability of your case and determine the appropriate course of action.
You will have a window of two years from the date your family member passed away to file for a plausible wrongful death settlement case with an experienced attorney. The sooner you reach out for legal advice, the sooner your family can start fighting for justice.
Engaging the services of a skilled wrongful death attorney with a track record of handling similar cases is crucial to securing the appropriate level of justice for your deceased loved one. By choosing an attorney experienced in wrongful death settlements in Arizona, you increase the likelihood of achieving a fair resolution for your family. Their expertise in navigating the legal complexities surrounding wrongful death settlements in Arizona will ensure that your rights are protected and that you receive the compensation you deserve.
Wrongful death settlements in Arizona serve the purpose of seeking justice and support for the surviving family members of someone who has died as a direct result of an accident caused by negligence. The final payout will then reflect the suffering of both the deceased and their surviving family but also consider other factors as we’ve mentioned in our guide.
If you’re looking for legal advice or want to speak to an attorney today about a potential wrongful death case, speak to one of our team today.
Get Help Now with wrongful death settlements in Arizona
Our team of abuse attorneys is committed to pursuing legal remedies for family members who have experienced abuse and assisting them in locating improved accommodations nearby. We have handled numerous nursing home abuse cases in your area, including those involving wrongful death settlements in Arizona. We take the time to deeply understand the concerns of the affected families and the specific circumstances surrounding their loved ones. Our goal is to provide effective representation and support to ensure the safety and well-being of individuals involved in cases related to wrongful death settlements in Arizona.
At Phoenix Accident and Injury Law Firm, conveniently located near you, we have accumulated over 15 years of experience assisting clients in securing rightful compensation for personal injuries resulting in wrongful death, particularly in cases involving nursing homes in the Phoenix area. Our expertise extends to navigating the complexities of wrongful death settlements in Arizona, ensuring that our clients receive the justice and compensation they deserve. Whether it’s advocating for your loved one’s rights or pursuing a fair resolution, our dedicated team is committed to representing your interests throughout the process of wrongful death settlements in Arizona. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you or a loved one has been the victim nursing home wrongful death, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.
