The duration of a wrongful death lawsuit depends on the specifics of each case and can range from several months to several years. Many factors influence the timeline, including the complexity of the case and whether liability is disputed. If all parties agree, a settlement may be reached before a lawsuit is even filed, potentially resolving the matter in just a few months. When responsibility is clear, negotiations often focus on determining fair compensation, and a lawsuit may be avoided altogether.

However, if there is disagreement over fault, the process can become much longer. Cases that go to court may take years to resolve, depending on the complexity, the length of discovery, and court scheduling. Most wrongful death lawsuits settle more quickly and often for higher amounts when the plaintiff is represented by an experienced Arizona wrongful death attorney, such as those at Rasmussen Injury Law.

To succeed in a wrongful death lawsuit, you must prove that the responsible party acted negligently, similar to a personal injury claim. Establishing four key elements is essential: duty of care, breach of duty, causation, and damages. If any of these components are missing, the claim will not succeed. While proving a duty of care may be straightforward in some situations, it can be more complicated in others.

Wrongful death lawsuits can be emotionally and financially challenging. Rasmussen Injury Law is here to support you. We operate on a contingency fee basis, so you pay nothing unless we recover compensation for you. Call us today at  (480) 637-5757 to discuss your case.

In Arizona, damages awarded in a wrongful death lawsuit are typically distributed to the deceased’s surviving family members, such as a spouse, children, parents, or legal guardians. If the deceased left a will, compensation may be handled according to its terms or as part of the estate. 

The law requires that compensation be divided among eligible family members in proportion to the value of their individual losses, not necessarily equally. If the estate brings the claim, the estate may receive the compensation, but in most cases, the immediate family members are the primary recipients.

Additionally, Arizona law specifies that wrongful death damages paid directly to family members are not subject to the deceased’s debts or liabilities unless the compensation is awarded to the estate.

To discuss pursuing a wrongful death claim, contact Rasmussen Injury Law at  (480) 637-5757.

Wrongful death is not considered a crime in Arizona. It is a civil legal action that allows certain surviving family members or the estate to seek financial compensation when someone’s death results from another party’s wrongful act, neglect, or default. While wrongful death claims can arise from behavior that is also criminal such as manslaughter or homicide the civil lawsuit is distinct from any criminal proceedings.

The goal of a wrongful death case is to provide financial compensation to survivors, not to impose criminal penalties such as imprisonment or probation. Compensation can cover medical bills, pain and suffering, and loss of household income due to the death.

Under IRS Rule 1.104-1, wrongful death settlements are generally not taxable at the federal or state level. In Arizona, this compensation is considered compensatory damages for personal injuries or physical illness, including awards for medical expenses, funeral costs, loss of companionship, and emotional distress directly tied to the loss.

There are exceptions, however. Punitive damages (intended to punish the wrongdoer), interest earned on the settlement before distribution, previously deducted medical expenses related to the wrongful death, and compensation for lost income may be taxable. This information is not intended as financial advice consult your accountant or tax attorney for guidance.

Selecting the right wrongful death attorney is one of the most important decisions you can make. Your lawyer will represent you in all legal matters related to your claim and can significantly impact the outcome of your case. Wrongful death awards can be substantial, and having a dedicated law firm on your side is invaluable.

When evaluating wrongful death attorneys in Arizona, consider their experience in personal injury law, read reviews, and speak with past clients to understand their approach and client satisfaction. Take advantage of free consultations to learn about the attorney’s communication style and how they handle cases.

A good wrongful death attorney should make you feel comfortable sharing your story and confident in their ability to advocate for you. They will review the circumstances of your loved one’s death, build your case, and negotiate with insurance companies. While determining the “best” attorney is subjective, you should feel assured that your lawyer is fully capable of handling your case.

If you believe your loved one’s death was caused by someone else’s negligence, call Rasmussen Injury Law at  (480) 637-5757 to discuss your options.