Phoenix, AZ personal injury attorney Teri Rowe talks about what losses may occur in a wrongful death case.
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When a person dies as the result of the negligence of another person or entity that would be a wrongful death case. The people who can bring a case are defined in Arizona and each state is different but in Arizona the claimants for a wrongful death case are the surviving spouse, surviving children, or surviving parents of the person who died. Also, the estate can bring a claim for certain losses for a wrongful death for the decedent in the wrongful death case.
The damages are basically personal to the claimant so each surviving, what we call the surviving beneficiary, so each surviving family member has their own personal loss to the person that they no longer have with them. In the event of a minor child their loss will be, you know, the loss of affection and guidance in a parent for the rest of their life. With respect to a parent who’s lost an adult child there’s a different relationship there but they’ve nonetheless loss something significant in their life. The estate can claim income and financial harm and in certain cases an estate can also claim the pain and suffering of the person who’s died if they suffered prior to their death.