A wrongful death claim may be filed if your family member has died as a result of someone else's negligence. Although monetary compensation cannot truly compensate for the loss of a loved one, it may ease some of the financial burden and stress resulting from the tragedy.
Arizona's wrongful death law lives in three connected statutes. A.R.S. § 12-611 creates the action, allowing a claim where a death was caused by a wrongful act, neglect, or default that would have entitled the person to sue had they lived. A.R.S. § 12-612 says who may bring it and how any recovery is divided. A.R.S. § 12-613 sets the measure of damages.
One feature surprises most families: Arizona permits a single wrongful death action covering all eligible survivors, not separate suits for each. The recovery is then distributed among them in proportion to their individual damages. That structure makes it important that everyone with a stake is identified early, because a claim resolved without them can be difficult to reopen.
Under A.R.S. § 12-612, the action is brought by and in the name of the surviving spouse, a child, a parent or guardian, or the personal representative of the deceased — on behalf of the surviving spouse, children, or parents. If none of those survive, the claim proceeds on behalf of the decedent's estate. Either parent may maintain an action for the death of a child, and a guardian may do so for the death of their ward.
The statute also disqualifies a survivor who is criminally responsible for the death. A party convicted of, or who pleads guilty or no contest to, certain homicide or child abuse offenses involving the decedent is treated as having predeceased them and recovers nothing.
These are two different claims, and serious cases often involve both. A wrongful death claim compensates the surviving family for what they lost — companionship, guidance, income, the relationship itself. A survival claim belongs to the estate and covers what the person who died experienced before death: their medical bills and their own conscious pain and suffering. Damages recovered in a wrongful death action are generally not subject to the decedent's debts, while assets recovered on behalf of the estate can be. Which claims are brought, and in whose name, affects both who receives money and how much of it creditors can reach.
The unexpected loss of a loved one is a traumatic event. Many times the thought of legal action is the last thing considered as family members deal with the emotional and financial effects of the tragedy. An attorney can ensure you receive the compensation to which you are entitled.
There is also a practical reason not to wait. Evidence that establishes what happened — vehicle data, employer records, surveillance footage, maintenance logs — degrades or is overwritten quickly, and it is usually in the possession of the party being blamed. Where a public entity may be responsible, the deadline to preserve the claim is measured in months, not years.
Arizona does not cap compensatory damages in wrongful death cases. Under A.R.S. § 12-613 a jury gives such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties, taking account of the mitigating or aggravating circumstances of the wrongful act. Where conduct was especially reckless — a drunk driver, a company that knew of a hazard and did nothing — punitive damages may also be available.
A wrongful death action generally must be filed within two years of the date of death (A.R.S. § 12-542). If the lawsuit is not timely filed you lose the ability to obtain a recovery, however strong the case.
If a government employee, vehicle, or public entity may be responsible, a notice of claim must generally be served within 180 days (A.R.S. § 12-821.01), with suit filed within one year. Because a personal representative sometimes must be appointed through probate before an action can be brought, and that appointment takes time, the practical deadline to speak with an attorney is much earlier than the legal one.
If you have lost a loved one due to a person's or institution's negligence, contact Sher Law Group for a free case review to learn more about your legal rights. We will provide the guidance you need to get through this tragic time and help you find closure and justice.
It is a set of three statutes. A.R.S. § 12-611 creates the cause of action where a death was caused by a wrongful act, neglect, or default. A.R.S. § 12-612 identifies who may bring the claim and how a recovery is distributed. A.R.S. § 12-613 sets the measure of damages and protects the recovery from the decedent's debts.
The surviving spouse, a child, a parent or guardian, or the personal representative of the deceased, acting on behalf of the surviving spouse, children, or parents. If none of those survive, the claim proceeds on behalf of the estate. Arizona allows one action covering all eligible survivors rather than separate suits.
Generally two years from the date of death under A.R.S. § 12-542. If a public entity or government employee may be responsible, a notice of claim is generally due within 180 days under A.R.S. § 12-821.01 and suit within one year.
A wrongful death claim compensates surviving family members for their own losses, such as lost companionship, guidance, and income. A survival claim belongs to the estate and covers what the person who died experienced before dying, including their medical expenses and conscious pain and suffering. Serious cases frequently involve both.
Under A.R.S. § 12-612 the amount recovered is distributed among the eligible survivors in proportion to their respective damages. Where the parties cannot agree, a court apportions it.
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