Who Pays for a Wrongful Death Lawsuit?
By Craig Knapp on August 23, 2021

In a wrongful death lawsuit, a representative of the deceased’s estate files a civil lawsuit against the at-fault party seeking monetary compensation on behalf of the deceased. Usually, the person filing the lawsuit is the personal representative named in the will of the deceased’s next of kin. While the wrongful death lawsuit is against the person or corporation that caused the death, it is typically that person’s or corporation’s insurance company that remits any payment to the estate.

Liability Determines the Source of the Payment

Every wrongful death case is unique in its circumstances. Therefore, the source of monetary damages depends upon the facts of the case itself.

For instance, car accidents are the most common type of personal injury accident. While the majority of wrongful death payouts in car accidents come from motorist insurance policies, there are times when other parties may be responsible for the accident. If the at-fault motorist was a poorly trained commercial truck driver or running an errand for an employer at the time of the accident, the company may be liable for the accident.

When wrongful death is the result of medical malpractice, either a medical facility or a doctor may be liable for the death.

Compensation from an Insurance Company and an Individual

There are cases where you may be entitled to compensation from both an insurance company and the individual responsible for your loved one’s death. When the person responsible for your loved one’s death did not have enough liability insurance coverage to fairly compensate you and other members of your family for your losses, the individual may be held personally responsible for the difference. It can be difficult to collect the money from an individual without substantial assets or a high garnish-able salary.

Compensation Available in a Wrongful Death Lawsuit

Damages in a wrongful death lawsuit include both economic and non-economic damages. Economic damages can consist of items such as:

• Medical bills associated with care that your loved one received before he or she passed away;
• Funeral and burial costs;
• Loss of your loved one’s financial contribution; and
• Loss of the value of your loved one’s household services.

Non-economic damages cover intangible losses associated with your loved one’s death. You could be compensated for:

• Loss of guidance;
• Loss of companionship; and
• Loss of love and affection.

Contact an Experienced Arizona Nursing Home Wrongful Death Attorney

If you would like to learn more about liability or compensation in an Arizona wrongful death lawsuit, contact the Pheonix wrongful death attorneys at Knapp & Roberts. While no amount of money can replace your loved one, holding at-fault parties accountable for their actions can help prevent similar deaths in the future.

Take your first step towards seeking justice and compensation on behalf of your loved one. Contact the experienced and compassionate wrongful death attorneys at Knapp & Roberts in Phoenix today. We will meet with you and your family at your convenience in a no-obligation consultation.