Whenever there is a party liable for the injuries of another person, they are responsible for paying that person for any damages due to this accident. If it is the case that the person has passed away due to the accident, the party liable is still responsible.<\/p>\n
Once all of the necessary information and evidence has been collected, everything must come together to be presented in a letter of demand to the insurance company. It is important to present all of the necessary information in a clear and logical manner along with reasoning as to why the insurance claim is worth what is being asked. Insurance claims specialists are trained to pick apart letters of demand and will be able to do so easily if the letter is not well prepared.<\/p>\n
The insurance company has a set period of time to respond. Once the claim is accepted, the insurance will provide a counter offer lower to what the original request from the letter of demand. The negotiating process is a back and forth of offer from each party until settling on an amount that is fair.<\/p>\n
The state of Arizona is specific in regards to the relationship of the person who can file a lawsuit on behalf of a deceased person. Arizona allows:<\/p>\n
An Arizona attorney is allowed to represent any of these individuals. If none of these relatives are living, then a representative on behalf of the person\u2019s estate can file the suit.\u00a0Arizona does not acknowledge common law marriages as a legitimate form of marriage. In order to be considered a legal husband or wife in the state, you must have a valid marriage license issued by a court. The damages paid are in relation to the damages that the person incurred due to the death of their relative. If it is the estate that has filed a lawsuit, anything given in the lawsuit is to go to the deceased person\u2019s estate.<\/p>\n
Each case\u2019s settlement amounts can vary and differ depending on the circumstances of the accident. The more egregious the mistake that caused the death of the victim made on the part of the defendant, the more the settlement funds the plaintiff is owed if the suit was well organized and presented. It is important to properly calculate the settlement amount to increase the chances of fair compensation, which is easier managed by an experienced wrongful death attorney.<\/p>\n
There is no formulaic way of calculating damages that Arizona sets out when filing a wrongful death suit. In fact, Arizona has one of the most open wrongful death legislation in the country when it comes to compensation.Some states impose limits on how much a victim of a wrongful death can claim but in Arizona, it is constitutionally forbidden to pass any such laws.<\/p>\n
It is convenient to start chronologically, beginning from the accident and any costs that began then such as loss of income to funeral and burial expenses. The plaintiff can ask for overall income in the victim\u2019s lifetime lost. It is also possible to estimate raises and promotions if it is within a reasonable means.Pain and suffering is also a main factor in wrongful death suits. Depending on how egregious the negligence was on the part of the defendant can affect how much more can be asked for in pain and suffering.<\/p>\n
In the state of Arizona, however, there is such a thing as partial liability that can be taken into account in these situations. A.R.S. \u00a7 12-2506<\/a>(B) states that:<\/p>\n This means that the victim may have a partial liability that could affect the outcome of the settlement. When facing this type of wrongful death suit where it can be unclear where the fault lies or if there are multiple parties at fault, it is probably useful to consult an Arizona attorney.<\/p>\n According to the IRS Publication 4345, wrongful death suits are under the same category as personal injury settlements. Both of these are generally non-taxable since they are seen as compensatory\u2014or refunding the person for money lost. Any monies that were received due to a physical injury and as a consequence caused emotional or mental hardship, those are then labeled as medical expenses are compensatory and therefore are non-taxable.<\/p>\n However, there are conditions in which medical expenses are taxable. If the medical expense amount had already been labeled as a deduction in any tax returns prior, then the settlement must be labeled as income. Any punitive damage monies received are not categorized as compensatory and instead are seen as financial awards which must be reported as \u201cother income\u201d on line 21 of Form 1040 in your taxes. Punitive damages are monies that go beyond the medical costs incurred due to the accident and wrongful death.<\/p>\n In order to have a successful wrongful death suit, the person filing the lawsuit or their representative must be able to prove duty, breach, causation and damages occurred.<\/p>\n Duty<\/p>\n Duty is what the person or cooperation being sued (defendant) owed to the deceased person. This duty means that it was within the means of the defendant to reasonably provide a certain level of care for the deceased person at the time of the accident.<\/p>\n Breach<\/p>\n If the defendant that had duty towards the victim and it was not provided, then the defendant commits a breach of duty. This means that they did not adequately provide the expected level of reasonable care at the time of the accident.<\/p>\n Causation<\/p>\n Causation is the proof that due to the defendant\u2019s actions or inactions, the accident that led to the death of the person was their fault. Had they acted otherwise, the accident would not have occurred.<\/p>\n Damages<\/p>\n The harm proven to have happened to the person due to the accident caused by the defendant is the damages. These damages must have a proven connection between the accident and the defendant. This can come in the form of photographic proof, written statements, people that witnessed the accident, or even recordings if possible.<\/p>\n There is a way to work with the statute of limitations<\/a> so to extend the time in which you can file suit. This can happen when using the discovery rule. At the time of death of the victim, there are cases in which the injury is not apparent when the accident occurred. The discovery rule is used to extend the statute of limitations in situations like these. The statute of limitation begins at the time that it was discovered that the accident or wrongdoing was what caused the death. It could also be at a point where it was reasonable to have discovered that this was the case.<\/p>\n You must be able to prove that it was not possible to know of the injury until it was in order to use the discovery rule in the suit. An Arizona attorney with knowledge of the discovery rule and the specifics of each case can best pinpoint the time the injuries could have been discovered.<\/p>\n\n
Is a Wrongful Death Settlement Taxable?<\/h4>\n
How to Prove Fault in a Wrongful Death Claim?<\/h4>\n
What is the Discover Rule in Wrongful Death Cases?<\/h4>\n
How Long Does it Take to Settle a Wrongful Death Case?<\/h4>\n