In Arizona, wrongful death lawsuits are slightly different from other personal injury lawsuits. Only certain statutorily dictated individuals can file wrongful death lawsuits and the damages are calculated differently than your standard personal injury lawsuit.
In a garden variety personal injury case, if someone is injured as a result of another person’s negligence, the injured person can file a personal injury lawsuit and can recover their damages. However, if a person is killed as a result of a negligent act, Arizona allows certain family members to essentially step into the shoes of the decedent and file a wrongful death claim. In essence, a wrongful death claim is meant to compensate the surviving family members for the losses they suffered as a result of their loved one’s death. Arizona’s wrongful death statutes govern wrongful death actions in Arizona. In Arizona, a wrongful death suit can be initiated by any of the following survivors of the deceased: (1) spouse; (2) child; (3) parent or guardian; and (4) personal representative of the deceased on behalf of the spouse, child, parent, guardian, or estate. Under Arizona law, these statutes do not allow the following to file a wrongful death suit: (1) siblings; (2) grandparents; (3) same sex partners; and (4) common law spouses. As far as damages are concerned, in a wrongful death lawsuit, a jury awards damages that are “fair and just” that the surviving members have experienced as a result of the death. Per the statute, these losses include: (1) loss of financial support; (2) loss of care, companionship, and guidance; (3) loss of love and affection; and (4) medical, funeral, and burial expense.
It is clear it is difficult to put a price tag on many of these losses. Often, wrongful death damages can be significant. Importantly, damages recovered in a wrongful death action are not subject to the debts or liabilities of the deceased, provided the action is not brought on behalf of the decedent’s estate. Put another way, if the spouse, child, parent, or guardian are awarded damages, no portion of the damages will need to go toward paying off any debts the deceased might have left behind, including, but not limited to, medical expenses.