When a loved one passes away due to someone else’s negligence or wrongful act, surviving family members are left not only with emotional grief but also with significant financial burdens. In Arizona, the legal system provides a way for surviving family members to seek compensation for their loss through wrongful death lawsuits. One key component of these lawsuits is the concept of “survivor claims.”
In this blog, we will discuss the role of survivor claims in Arizona wrongful death lawsuits, explaining what they are, how they work, and how they impact the compensation that surviving family members may be entitled to. For those seeking legal assistance, a wrongful death attorney near me can provide guidance and support throughout this complex process.
What Is a Survivor Claim?
A survivor claim, in the context of a wrongful death lawsuit, refers to the right of certain family members to recover damages that the deceased individual could have pursued had they survived the incident. These claims allow survivors to seek compensation for the pain, suffering, and other damages that the decedent endured before their death.
In Arizona, survivor claims are governed by the state’s wrongful death statutes. These claims are separate from the wrongful death claims filed by family members for their own losses, although they are often part of the same lawsuit. Survivor claims are meant to compensate for the decedent’s injuries, pain, suffering, and medical costs incurred before their death.
Examples of Damages in a Survivor Claim
Some common damages that can be included in a survivor claim are:
- Medical expenses: Costs related to the medical treatment the decedent received before their death.
- Pain and suffering: Compensation for the physical pain and emotional distress the decedent endured.
- Loss of earnings: If the decedent was unable to work due to their injuries before passing, survivor claims can include lost wages or earning capacity.
- Funeral expenses: Although these are typically part of a wrongful death claim, they may also be included in survivor claims if applicable.
In essence, a survivor claim seeks to recover the losses that were sustained by the decedent before their death, allowing the estate to be compensated for the impact of their injuries.
Who Can File a Survivor Claim in Arizona?
In Arizona, not all family members are eligible to file a survivor claim. The following individuals are generally eligible:
- Spouse: A surviving spouse can file a survivor claim to recover damages related to the decedent’s pain and suffering, lost earnings, and other related expenses.
- Children: The children of the decedent may also file a survivor claim, especially if the decedent’s death had a significant impact on their financial or emotional well-being.
- Parents: In cases where the decedent had no spouse or children, the surviving parents may have the right to file a survivor claim.
- Estate representatives: If the decedent had a valid will or estate plan, the executor or personal representative of the estate can file a survivor claim on behalf of the family.
Survivor claims are typically filed by those who were directly affected by the decedent’s injuries and losses, and it is crucial to understand which family members are eligible to seek compensation.
How Do Survivor Claims Differ from Wrongful Death Claims?
While both survivor claims and wrongful death claims are part of a wrongful death lawsuit, they serve different purposes. A wrongful death claim is filed by the surviving family members to recover damages for their own emotional distress, financial losses, and other losses related to the decedent’s death.
In contrast, a survivor claim focuses on the damages that the decedent experienced before their death. Essentially, a wrongful death claim compensates the survivors for their personal losses, while a survivor claim compensates the decedent’s estate for their losses.
Key Differences:
- Wrongful death claims focus on the survivor’s pain, suffering, and loss of companionship.
- Survivor claims focus on the decedent’s suffering, pain, and loss of income prior to their death.
Both claims work together to provide a comprehensive recovery for both the decedent’s estate and the surviving family members.
The Process of Filing a Survivor Claim in Arizona
Filing a survivor claim in Arizona involves several steps, similar to filing a wrongful death claim. Here’s a basic overview of the process:
- Consult with an attorney: It’s crucial to consult with a wrongful death law firm early in the process to ensure that all claims are properly filed and supported by evidence. A trusted personal injury law firm in Scottsdale, like Folger Law Firm, can help guide the family through the legal process and ensure the proper documentation is submitted.
- Gather evidence: Evidence such as medical records, witness statements, and expert testimony will be necessary to support the survivor claim. The lawyer will assist in collecting and organizing this evidence.
- File the claim: Once the evidence is gathered, the claim is filed with the court. The lawsuit may be settled out of court, but if not, the case will proceed to trial.
- Negotiate a settlement: In many cases, the defendant (often an insurance company) may offer a settlement before the case reaches trial. The survivor claim lawyer will negotiate on behalf of the family to ensure a fair settlement.
- Trial: If the case goes to trial, the court will determine the appropriate compensation for the survivor claim based on the evidence presented.
An experienced wrongful death attorney near me can ensure that the survivor claim is filed correctly and that the survivors receive the maximum compensation available for their losses.
Conclusion
Survivor claims are an essential part of a wrongful death lawsuit, allowing family members to seek compensation for the decedent’s pain, suffering, and losses before their death. In Arizona, the process for filing survivor claims is governed by state laws, and it’s important to have the right legal support to navigate the complexities of the case.
If you’ve lost a loved one due to someone else’s negligence, it’s crucial to work with a wrongful death law firm to ensure that all legal avenues are explored, including survivor claims. Folger Law Firm is a trusted personal injury law firm in Scottsdale that can help you understand your rights, file a survivor claim, and pursue the compensation you deserve.
