Arizona law allows a personal representative to bring a wrongful death action on behalf of statutory beneficiaries such as a surviving spouse and children. Common claims include vehicle crashes and medical errors. Damages can cover economic losses and loss of companionship. A strict filing deadline generally applies - often two years from the date of death - so consult an attorney quickly.

What a wrongful death claim is

A wrongful death claim arises when someone dies because of another party's negligence or intentional act. In Arizona, the law creates a civil procedure so heirs and dependents can seek monetary recovery for losses tied to the death.

Who brings the case and who benefits

Arizona statutes identify who may bring a wrongful death action and who may recover. In practice a personal representative (executor) of the decedent's estate typically files the claim on behalf of the survivors. Statutory beneficiaries commonly include a surviving spouse, children, and, in some circumstances, parents or other dependents.

Common types of wrongful death cases

Wrongful death claims in Arizona arise from many situations, including:
  • Motor vehicle crashes
  • Medical malpractice
  • Drunk driving and other impaired driving collisions
  • Construction accidents
  • Fires, explosions, and product failures
Cases often involve multiple defendants (for example, a driver and an employer), which can complicate fault and damages calculations.

Damages: what courts or juries consider

Courts measure wrongful death damages in money. Recoverable items frequently include economic losses such as lost earnings and funeral expenses and non-economic items such as loss of care, companionship, guidance, and training. The exact categories and how damages are calculated are governed by statute and case law. 1

Timing: statute of limitations and deadlines

Arizona imposes a time limit to bring wrongful death claims. Most wrongful death filings must begin within a set period after the date of death; if you miss that deadline you typically lose the right to sue. The common rule is a two-year limit, but narrow exceptions and tolling rules can apply, so you should confirm current deadlines promptly. 2

Practical notes for families

Many wrongful death cases settle before trial. Early steps include preserving evidence, getting medical and accident records, and consulting an attorney experienced in wrongful death litigation. Arizona's rules about comparative fault, contribution among defendants, and settlement allocation can affect recovery and should be reviewed with counsel. 3

When to get legal help

If a loved one died because of a third party's actions, consult an attorney quickly to determine who may file, what damages may be available, and which deadlines apply in your case.
  1. Confirm current Arizona statute numbers and language governing wrongful death (e.g., Arizona Revised Statutes sections and any amendments).
  2. Verify which individuals are statutorily eligible to recover in an Arizona wrongful death action and whether a personal representative must file.
  3. Confirm the current statute of limitations for wrongful death in Arizona and any relevant exceptions or tolling rules.
  4. Verify statutory categories of recoverable damages under Arizona law and whether comparative fault or other defenses modify recovery.

FAQs about Arizona Wrongful Death

Who can file a wrongful death lawsuit in Arizona?
Typically a personal representative of the decedent's estate files the wrongful death action on behalf of statutory beneficiaries such as a surviving spouse and children. Specific rules in the Arizona statutes determine eligible claimants.
What types of damages can a family recover?
Families may recover economic losses (lost earnings, funeral costs) and non-economic losses (loss of care, companionship, and guidance). The statute and case law govern exact categories and calculations.
How long do I have to file a wrongful death claim in Arizona?
There is a statutory deadline to file a wrongful death lawsuit. The common limitation period is two years from the date of death, but exceptions and tolling rules can apply. Contact an attorney promptly to confirm the deadline for your situation.
Do most wrongful death cases go to trial?
Many wrongful death cases settle before trial. Settlements depend on liability, the strength of evidence, and negotiations among parties and insurers.