When a family member dies because of another driver's negligence, Arizona law gives the surviving family the right to pursue compensation — not just for funeral expenses, but for the full human and financial impact of the loss.
Who can file and what they can recover
Arizona's wrongful death statute (A.R.S. § 12-611) allows the surviving spouse, children, or parents — or the personal representative of the estate — to bring a wrongful death claim. Recoverable damages include the family's loss of love, affection, and companionship, the financial contributions the deceased would have made over their lifetime, funeral and burial expenses, and — where the deceased had a spouse — loss of consortium. The personal representative may also file a survival action (A.R.S. § 14-3110) to recover damages the deceased suffered before death, including pre-death pain and suffering and medical expenses from the injury that caused the death.
Establishing the at-fault driver's liability
Wrongful death from a car accident follows the same liability framework as any personal injury claim — the at-fault driver's negligence must be proven. Police reports, traffic camera footage, witness statements, crash reconstruction, and the driver's record (prior DUIs, history of violations) all go to the liability case. If the driver was working at the time — a delivery driver, commercial vehicle operator — the employer may also be liable. Arizona's pure comparative fault rule (A.R.S. § 12-2505) allows multiple parties to share liability, and your recovery is not eliminated even if the deceased was partly at fault — it's reduced by that percentage.
The filing deadline
Arizona gives most wrongful death claimants two years from the date of death (A.R.S. § 12-542). Cases involving government vehicles require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations.
Our wrongful death attorneys handle crash claims throughout Arizona on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.