In many cases, a wrongful death settlement serves as the sole means for a family member to pursue justice for their loved one who passed away in circumstances that might have been avoided.
If you suspect that your family member’s passing could have been prevented, such as in the case of a fall within a nursing home, you are eligible for legal aid.
The injury lawyers at Phoenix Accident and Injury Law Firm possess extensive expertise in assisting individuals who have experienced the loss of a loved one due to nursing home wrongful death. With offices conveniently situated in Chandler, Peoria, and North Phoenix, we offer flexible meeting options, including in-person consultations at our nearby offices, phone consultations, or video calls. Feel free to reach out to us for a complimentary consultation, or continue reading for further details.
To assess the rating and any prior violations of the nursing home you’ve selected for your family, explore our nursing home index. We’ve compiled comprehensive information on all nursing homes in Arizona, including their health code reports. Additionally, refer to our Nursing Home Glossary, which provides definitions of essential terms for navigating nursing home abuse cases.
If you’re unsure about affording legal representation, rest assured that we operate on a contingency basis—we only receive payment when you settle. Visit our Attorney Fees Calculator for further details.
Our guide to wrongful death claims offers insights into what constitutes wrongful death in Arizona, the duration of settlements, and the compensation involved.
What is a wrongful death settlement?
A wrongful death settlement is a legal resolution granted to surviving family members subsequent to the passing of a loved one. These settlements are typically awarded when a case determines that compensation is warranted for a preventable death. They occur annually across the US, seeking justice for individuals who died in circumstances they shouldn’t have, such as workplace accidents or falls in nursing homes.
- Accidental fatalities resulting from medication overdose or medical malpractice,
- Drowning incidents or boating accidents,
- Accidents involving pedestrians, motorcyclists, and other vehicles,
- Workplace incidents occurring on construction sites or in office environments.
An experienced attorney specializing in this field typically initiates the filing of a wrongful death settlement, advocating on behalf of the family. Following the awarding of damages, it becomes the responsibility of the surviving family members to equitably distribute and allocate the compensation amongst themselves.
What are the steps to filing a wrongful death claim?
If your family member or loved one has passed away under suspicious or wrongful circumstances, you have the option to file a wrongful death claim directly with a specialized attorney in this field. In the state of Arizona, numerous professional attorneys collaborate closely with state law to advocate for families in wrongful death cases.
Many wrongful death attorneys provide a complimentary initial consultation to assist you in determining:
- Assessing your situation
- Assessing the eligibility of your case
- Explaining how they can provide assistance to you and your family.
Employing a legal professional entails delegating all aspects of your legal case to them, providing relief to you and your family during a particularly challenging and emotional time.
How long do I have to file a wrongful death lawsuit?
If you’re considering filing a wrongful death claim for your loved one in Arizona, you have a two-year window from the date of their death to file a claim with a wrongful death attorney. Taking action promptly is crucial, as waiting beyond the two-year limit could result in the inability to pursue legal recourse. Seeking legal guidance promptly upon suspecting negligence in your loved one’s death expedites the process and ensures appropriate compensation and legal resolution.
How is the payout for a wrongful death settlement determined?
A specialized attorney will calculate the total financial compensation that each individual wrongful death case merits, considering various factors. They will assess the following elements and their implications on the case:
Factors considered in assessing the compensation include the following:
- The circumstances of the accidental death
- The age and overall health condition of the deceased
- The deceased person’s occupation and annual earnings
- The number of dependents left behind and their individual situations
- Any outstanding medical expenses resulting directly from the incident
- The value of lost benefits, such as life insurance policies or pensions
- All funeral-related expenses
Your attorney will formulate their final settlement request based on all the factors listed, understanding the importance of addressing the loss caused by the death of your family member.
Wrongful death settlements are not arbitrary figures; they are carefully considered based on the individual circumstances of each case.
How long does it take to resolve wrongful death claims?
Like all legal cases, the duration of settling wrongful death claims varies based on several factors, such as the circumstances and location of the accidental death.
Wrongful death claims typically require several years to reach a resolution due to the complexities involved in proving that a death could have been prevented.
In Arizona, the average duration for handling a wrongful death lawsuit ranges from 1 to 4 years with an experienced attorney.
Opting not to enlist legal representation may result in a quicker resolution, possibly within a year, but the compensation may be substantially lower compared to cases with legal representation.
We strongly advise seeking legal counsel when considering filing a wrongful death case to ensure you and your family receive appropriate compensation for your loss.
What are the potential legal fees associated with a wrongful death settlement?
The expenses for seeking legal counsel in Arizona vary depending on the attorney you select.
The fees associated with hiring a wrongful death attorney typically correlate with their level of expertise; those with more experience and a higher success rate may charge higher fees.
Moreover, payment arrangements with your attorney should be discussed beforehand, as different law firms have varying payment structures.
Certain firms may require an upfront payment before commencing legal proceedings, while others might deduct their fees from the final compensation amount awarded to you.
What will be the amount of the wrongful death settlement?
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.
Are taxes applicable to a wrongful death settlement?
No, due to recent changes in tax law, any personal physical injury or wrongful death settlement is not subject to taxation. Additionally, under state law, as long as the settlement is for a compensatory case, the amount remains non-taxable.
Who receives the funds from a wrongful death settlement?
Due to the nature of a wrongful death settlement, the compensation is awarded to the immediate family or a legal guardian or beneficiary in a will since the deceased individual is no longer alive.
In the state of Arizona, the surviving family members are entitled to receive the payment, and it is their responsibility to divide it equally among themselves. Immediate family members eligible for the compensation include:
- A spouse or legal partner
- Siblings
- Surviving child or children
- Legal guardian or beneficiary listed
If there is disagreement among family members regarding the distribution of the wrongful death settlement, further legal proceedings may be necessary to determine each individual’s share.
Additional common inquiries regarding wrongful death settlements
Other commonly asked questions about wrongful death settlements include inquiries about costs and whether insurance policies can cover wrongful death if the individual was a nursing home owner.
Is a Wrongful Death Case Covered by Insurance?
Yes, a liability insurance policy will cover any type of wrongful death settlement payout if you’re a registered and licensed nursing home owner. Additionally, if your loved one had a life insurance policy that was active at the time of their death, the insurance company will provide compensation.
How soon should I reach out to an attorney?
If you suspect that your loved one died under preventable circumstances or believe their nursing home could have taken better measures to ensure their safety, you may have grounds for a wrongful death lawsuit.
You typically have a two-year window from the date of your family member’s passing to initiate a wrongful death settlement case with the assistance of a knowledgeable attorney. Acting promptly to seek legal counsel allows your family to begin pursuing justice sooner.
Engaging an experienced wrongful death attorney, particularly one with a track record of handling similar cases, ensures that you and your family receive the appropriate level of legal support and advocacy on behalf of your deceased loved one.
Wrongful death settlements aim to provide justice and assistance to the surviving family members of individuals who died due to negligence-related accidents. The eventual settlement amount takes into account the suffering of both the deceased and their surviving family, among other factors mentioned in our guide.
If you require legal advice or wish to discuss a potential wrongful death case with an attorney, don’t hesitate to contact our team today.
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Our team of attorneys specializing in abuse is committed to pursuing damages for family members experiencing abuse and assisting in finding better accommodations for them in the vicinity. We have handled numerous nursing home abuse cases in your region and take the time to comprehend the family’s concerns and the circumstances they believe their loved one is facing.
At Phoenix Accident and Injury Law Firm, located near you, we boast over 15 years of experience aiding clients in securing compensation for their loved ones’ personal injuries, including cases of nursing home wrongful death in the Phoenix area. When you’re prepared to discuss your situation, please reach out to our office to schedule a complimentary initial consultation, either over the phone or at our Chandler office, conveniently situated nearby.
If you or a family member has been a victim of nursing home wrongful death, contact Phoenix Accident and Injury Law Firm in Chandler, AZ, to speak with a seasoned personal injury attorney. We offer legal services for personal injury cases to clients in your vicinity, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.
