Arizona's wrongful death statute (A.R.S. §§ 12-611 through 12-613) gives surviving family members the right to file a civil lawsuit against the party responsible for their loved one's death, regardless of whether any criminal charges are ever filed. The civil case stands entirely on its own.
Who can file
Under A.R.S. § 12-612, the surviving spouse, children (including adult children), parents, or a personal representative of the estate can bring a wrongful death claim. Arizona requires all eligible survivors to bring a single unified lawsuit rather than filing separately. Damages are then apportioned among them based on each person's individual loss.
What economic damages include
Economic damages cover the measurable financial losses: what the deceased would have earned over their remaining working life, including projected raises and career advancement; the regular financial contributions they made to the household; medical bills incurred before death; funeral and burial costs; and the value of services they provided, childcare, home maintenance, and similar contributions that now have to be replaced or go undone.
Non-economic damages
A surviving spouse can recover for the loss of love, affection, and marital companionship. Children can recover for the loss of parental care and guidance they won't receive. Each family member can recover for grief, anguish, and the loss of the relationship itself. Arizona doesn't cap non-economic damages in most wrongful death cases, which means serious losses can produce substantial claims.
Punitive damages
In cases involving particularly reckless conduct, a drunk driver, a company that knowingly ignored a deadly hazard, Arizona courts can award punitive damages on top of compensatory damages. These aren't about compensating the family; they punish the wrongdoer and deter similar conduct. When the facts support them, they can significantly change the total recovery.
What shapes the value of a claim
The deceased's age, health, and earning potential matter, a younger person with dependents and a career ahead of them typically produces a larger economic damages calculation. The number and ages of surviving dependents affects non-economic damages. The strength of evidence establishing fault, whether comparative negligence applies (more on that in our post on Arizona comparative negligence law), and the defendant's insurance limits all factor into what's actually recoverable.
The filing deadline
Most wrongful death claims in Arizona must be filed within two years of the date of death (A.R.S. § 12-542). If a government entity is involved, a city vehicle, a public hospital, the deadline can be as short as 180 days to file a Notice of Claim. Missing either deadline almost always means losing the right to compensation. See our Arizona statute of limitations guide for more detail on the exceptions.
Sher Law Group handles wrongful death cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online for a free consultation.