29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering.
Jurisdiction | Arizona |
29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering. The Wrongful Death Act gives juries broad discretion to compensate statutory beneficiaries for the loss of a loved one. The cases characterize these damages as including “loss of love, affection, companionship, consortium, personal anguish and suffering.”74 These losses must have been caused by the death of the decedent, not from witnessing the death or the negligent act itself.75 But if the circumstances of the wrongful death are relevant to the mental suffering of a beneficiary, then they will be admissible as evidence of damages.76 However, evidence of pre-death pain and suffering experienced by the deceased is not admissible.77
Although juries are given broad discretion under the Wrongful Death Act as to how much damages to award to each beneficiary, damages for such intangible concepts as emotional suffering and loss of consortium are inherently subjective78; jury verdicts that are inconsistent with the evidence ¾ including findings of zero damages ¾ may be overturned.79 If there is evidence from which a jury could have found that a low or even zero damage figure was appropriate, however, the verdict will be upheld on appeal.80
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Notes:
[74] Mullen v. Posada del Sol Health Care Ctr...
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- 29.1 Overview
- 29.1 Overview
- 29.2 History of Actions for Wrongful Death in Arizona
- 29.2 History of Actions for Wrongful Death in Arizona
- 29.3 The Statutes
- 29.3 The Statutes
- 29.4 Plaintiffs and Beneficiaries
- 29.4 Plaintiffs and Beneficiaries
- 29.5 Single Action (Wilmot v. Wilmot).
- 29.5 Single Action (Wilmot v. Wilmot).
- 29.6 Who May Not Be a Plaintiff or Beneficiary
- 29.6 Who May Not Be a Plaintiff or Beneficiary
- 29.7 Statute of Limitations
- 29.7 Statute of Limitations
- 29.8 Prosecuting a Wrongful Death Claim
- 29.8 Prosecuting a Wrongful Death Claim
- 29.9 Who May Be Sued and Proving Liability
- 29.9 Who May Be Sued and Proving Liability
- 29.10 Comparative Fault
- 29.10 Comparative Fault
- 29.11 Damages Recoverable.
- 29.11 Damages Recoverable.
- 29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering.
- 29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering.
- 29.11.2 Loss of Income.
- 29.11.2 Loss of Income.
- 29.11.3 Other Expenses.
- 29.11.3 Other Expenses.
- 29.12 Limits on Recovery
- 29.12 Limits on Recovery
- 29.13 Aggravating or Mitigating Circumstances; Punitive Damages
- 29.13 Aggravating or Mitigating Circumstances; Punitive Damages
- 29.14 Settlements
- 29.14 Settlements
- 29.15 Non-Liability for Decedent's Debts; Liens
- 29.15 Non-Liability for Decedent's Debts; Liens
- 29.16 Tax Issues
- 29.16 Tax Issues
- 29.17 Allocation of Attorneys' Fees Among Separate Counsel
- 29.17 Allocation of Attorneys' Fees Among Separate Counsel
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