Arizona’s wrongful death statute (A.R.S. §§ 12-611 to 12-613) allows surviving spouses, children, parents, and personal representatives to seek damages when someone dies due to another’s negligence, wrongful act, or default. Claims must be filed within two years of the date of death. Arizona imposes no cap on wrongful death damages, and comparative negligence applies if the deceased shared fault.
Families across Arizona, including those in Peoria, have relied on Arizona wrongful death laws to pursue justice after losing someone due to another party’s negligence.
Under A.R.S. § 12-611, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party, where the deceased would have had the right to sue had they survived.
Wrongful death is a civil claim, entirely separate from any criminal case. A family can file regardless of whether the responsible party was criminally charged or convicted.
Common causes of wrongful death claims in Arizona include:
The legal standard in most cases is negligence. Proving negligence in a personal injury case requires showing the defendant owed a duty of care, breached it, and that breach caused the death. Intentional acts, such as assault, also qualify.
Arizona law (A.R.S. § 12-612) designates a specific priority order for who can file a wrongful death claim. Only one lawsuit is filed, and it is brought on behalf of all eligible wrongful death beneficiaries in Arizona.
The priority order is:
Siblings cannot file unless they are appointed as personal representatives and no other qualifying survivors exist. Being related to the deceased does not automatically confer standing.
Wrongful death proceeds go directly to the beneficiaries, not into the estate. They are not subject to the deceased’s creditors or debts. A wrongful death lawyer can file on behalf of all beneficiaries and ensure the claim moves forward efficiently.
Compensation is distributed proportionally based on each beneficiary’s individual losses, not divided equally. A surviving spouse who depended heavily on the deceased’s income may receive a larger share than a financially independent adult child.
Wrongful death damages in Arizona fall into three categories: economic, non-economic, and punitive. None are capped under state law.
Economic damages cover financial losses tied directly to the death:
Non-economic damages cover the personal losses survivors experience:
Punitive damages are available when the defendant’s conduct was malicious, fraudulent, or egregiously reckless. Examples include drunk driving fatalities, trucking companies that knowingly violated safety rules, and nursing homes that ignored repeated deficiencies.
Arizona does not cap wrongful death damages. The Arizona Constitution (Article 2, Section 31) prohibits the legislature from limiting what families can recover. The types of damages available in a personal injury case apply in full to wrongful death claims.
Yes. Arizona uses pure comparative negligence, which means a wrongful death claim can still recover damages even if the deceased was partially at fault.
The jury assigns a fault percentage to the deceased, and the total award is reduced by that percentage. It is not eliminated. If the deceased was 20% at fault and the total damages are $500,000, the family recovers $400,000.
Comparative negligence does not apply when the defendant acted intentionally, willfully, or wantonly. In those cases, the defendant is liable for the full damages regardless of any fault attributed to the deceased.
This rule is governed by A.R.S. § 12-2505 and applies to wrongful death claims the same way it applies to personal injury cases.
In Arizona, families generally have two years from the date of death to file a wrongful death lawsuit, not the date of injury.
If the person was injured and died months after the incident, the two-year clock starts at death. The date of the original accident does not control the deadline.
Government entity exception: if the at-fault party is a city, county, state agency, or public employee, a shorter timeline applies under Arizona statute of limitations rules for government claims:
Missing either deadline typically results in the permanent loss of the right to sue, regardless of how strong the underlying case is.
Acting early matters beyond the legal deadline. Crash scene evidence disappears, surveillance footage is often overwritten on 30-day loops, and witness memories degrade within weeks of the incident. The strongest claims are built before that evidence is gone.
Arizona law allows two separate legal claims after a wrongful death: a wrongful death claim and a survival action. Families may be entitled to both.
A wrongful death claim under A.R.S. § 12-612 compensates the survivors for their own losses after the death. These include lost financial support, lost companionship and guidance, and the grief and emotional harm the family experiences.
A survival action under A.R.S. § 14-3110 compensates the estate for what the deceased personally suffered before dying. This includes medical costs from the injury to death, lost wages up to the date of death, and, in some cases, pre-death pain and suffering.
The key distinction is where the money goes. Wrongful death proceeds go directly to the beneficiaries and are not subject to the deceased’s creditors or debts. Survival action proceeds go into the estate and may be used to satisfy outstanding debts.
Many families are entitled to both claims. An attorney can assess the facts and determine which apply, since the evidence and damages in each claim are calculated separately.
We offer a free consultation and handle every wrongful death case on a no fee unless we win basis. If you lost a family member due to another party’s negligence and want to understand your legal options, we can review the facts and explain what claims may apply. Contact us before evidence disappears or a deadline passes.
Arizona’s wrongful death statute (A.R.S. §§ 12-611 to 12-613) allows surviving family members to seek compensation when someone dies due to another party’s negligence, wrongful act, or default. The claim is civil and separate from any criminal case. Arizona imposes no cap on damages, and the filing deadline is two years from the date of death.
Arizona law (A.R.S. § 12-612) establishes a priority order. The surviving spouse files first. If none, the surviving children. If none, the surviving parent or legal guardian. If none of those exist, a personal representative of the estate files on behalf of beneficiaries. Only one lawsuit is filed on behalf of all qualifying survivors.
Two years from the date of death for most wrongful death claims in Arizona. If the at-fault party is a government entity, a formal Notice of Claim must be filed within 180 days and the lawsuit within one year. Missing either deadline typically results in permanent loss of the right to sue.
Yes. Arizona uses pure comparative negligence under A.R.S. § 12-2505. If the deceased was partly at fault, the total damages are reduced by their fault percentage, but not eliminated. A family can still recover even if the deceased was 20%, 30%, or more at fault for the accident.
No. The Arizona Constitution (Article 2, Section 31) prohibits the legislature from capping wrongful death damages in personal injury cases. A jury can award whatever the evidence supports across all three damage categories: economic, non-economic, and punitive.
A wrongful death claim compensates survivors for their own losses after the death, such as lost financial support and companionship. A survival action compensates the estate for what the deceased suffered before dying, including medical costs and pre-death pain. Families may pursue both simultaneously.
Sí. Atendemos casos de muerte por negligencia en Peoria y en todo Arizona en español. Contáctanos para hablar con uno de nuestros abogados. La consulta es gratis y no cobramos a menos que ganemos su caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
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