Arizona's wrongful death statute (A.R.S. § 12-611) gives specific family members the right to pursue a civil claim when a person dies because of another party's negligence, recklessness, or intentional misconduct. The statute answers the who-can-file question directly — and the rules matter, because filing by the wrong person can create legal complications.
Who can file
The surviving spouse, children, or parents of the deceased may bring a wrongful death claim. If none of those exist, the estate's personal representative may file on behalf of any surviving kin. Only one lawsuit may be brought — not separate actions by each family member — but all eligible beneficiaries' damages are pursued and distributed through that single claim. If multiple eligible parties disagree on how to proceed, they need to resolve that through the estate process before or alongside the litigation.
Two types of claims can be combined
A wrongful death claim under A.R.S. § 12-611 compensates the surviving family for their own losses — loss of companionship, financial support, emotional distress. A survival action under A.R.S. § 14-3110, filed by the estate's personal representative, recovers damages the deceased suffered before death: pre-death pain and suffering, and medical expenses from the injury that led to the death. Both can be filed together, and together they capture the full scope of what was taken from the family and the deceased.
What affects the value of the claim
The deceased's age, income, and the nature of their relationships with surviving family members all factor into the non-economic damages. A parent of young children has a different loss profile than an older individual without dependents. Economic damages — the deceased's projected lifetime earnings minus personal expenses — require expert economic analysis and documentation of employment history and future earning capacity.
The filing deadline
Arizona gives most wrongful death claimants two years from the date of death (A.R.S. § 12-542). Claims against government entities require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations.
Our wrongful death attorneys handle claims throughout Arizona on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.