29.11 Damages Recoverable.
Jurisdiction | Arizona |
29.11 Damages Recoverable. The damages in a wrongful death action are based on each statutory beneficiary’s injuries as a result of the wrongful death, not the nature of the negligent act.66 A wrongful death jury is instructed to “give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover.”67 This is an individualized inquiry specific to each plaintiff or statutory beneficiary, so the result is a single verdict with specific and distinct damage awards for each statutory beneficiary.68
Beneficiaries of a decedent are entitled to both pecuniary and compensatory damages.69 Pecuniary losses include the loss of income expected to be earned by the decedent, death and burial expenses, and the costs of medical treatment related to the injury that caused death (if paid or owed by the surviving beneficiary).70 Among the compensatory losses are “loss of affection, companionship, care, protection, guidance, and discipline,”71 and “anguish, sorrow, stress, mental suffering, pain and shock” resulting from the loss of the decedent.72
Revised Arizona Jury Instructions – Personal Injury Damages 3 summarizes the various damages that a statutory beneficiary may recover for wrongful...
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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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