Losing a loved one unexpectedly is an emotional upheaval that no one should endure. Families who are in the state of bereavement also have to deal with complex law matters, particularly if the death is caused by another person’s negligence. One of the issues is whether or not emotional distress damages can be recovered in an action for wrongful death in Arizona. Let us discuss this issue to shed light.
What’s Wrongful Death in Arizona?
Arizona’s wrongful death occurs when the death of an individual is caused due to another person’s wrongful conduct, neglect, or default. The laws in Arizona allow a relative—a spouse, a child, or a parent—to file a case for recovering the damages for the loss.
Types of Recoverable Damages
While initiating a wrongful death claim, the victim’s family must be aware of the categories of damages available:
- Economic Damages: These include concrete damages, such as medical expenses made before death, burial and funeral charges, and the loss of the future earnings of the deceased.
- Non-Economic Damages: These include non-body losses such as loss of company, affection, and emotional comfort.
- Punitive Damages: Only under exceptional conditions, where the action of the defendant was highly egregious, the court will issue punitive damages for vindication and prevention of future occurrence of similar conduct.
Emotional Distress Damages: Are They Recoverable?
Emotional distress damages in Arizona are part of non-economic damages in wrongful death. The surviving relatives have the right to recover the emotional suffering and pain they have experienced as a result of the deaths of their loved ones. This encompasses the extreme sorrow, mental distress, and loss of consortium suffered after such a horrific experience.
Proving Emotional Distress
For emotional distress damages to be recovered successfully, solid proof of the extent of emotional pain needs to be established. These include:
- Mental Health Professional Evidence: Records of therapy sessions or counseling can attest to emotional distress.
- Personal Testimony: Well-documented descriptions by family members on how the loss has affected their day-to-day life and well-being.
- Expert Witnesses: Professionals who can provide expert testimony regarding the typical emotional effect of the loss of a close relative.
Factors That Influence Compensation Amounts
Various factors may influence the level of emotional distress compensation:
- Relationship to the Deceased: Spouses, children, and parents have different levels of emotional trauma that influence compensation.
- Suddenness of the Death: Sudden death can heighten emotional suffering, resulting in potentially higher awards.
- Age and Decedent’s Health: Decedent’s general health and expected lifespan may also be factors used to assess the scope of the loss.
No Damage Caps
Surprisingly, there are no damage caps in Arizona on non-economic damages, such as emotional distress, in the case of wrongful death. This gives jurors lots of leeway to decide based on evidence, an amount that seems fit to them.
The Job of a Phoenix Wrongful Death Attorney
In addition to that, there are also legal complexities that come with a wrongful death case. A licensed wrongful death attorney in Phoenix can:
- Assess Your Case: Evaluate the strength of your case and damages recoverable.
- Collect Evidence: Get documents to substantiate claims of emotional distress.
- Negotiate with Insurers: Negotiate with insurers to get a reasonable compensation.
- Represent You in Court: Represent you in court, if the case goes to trial.
Although no financial reward can ever fully make up for the passing of a loved one, Arizona law does acknowledge the immense emotional effect of losing a loved one and how it can affect the surviving family. Grailing claims for emotional distress damages in wrongful death actions, the state does try to bring some kind of justice and financial relief in times of need.
If you are attempting to traverse the effects of a wrongful death and are considering advice regarding seeking emotional distress damages, then look to our qualified legal professionals. We can help guide you through all the steps that make up the legal process and ensure your rights as well as your voice are represented and heard.