A Complete Guide to Wrongful Death Laws in Arizona

The unexpected death of a loved one due to someone else’s actions can bring about a host of feelings and emotions. While legal actions cannot undo what has been done, they can help ease some of the burdens for surviving family members.

We understand that the last things you should be thinking about after the sudden death of a loved one are the nuances of Arizona wrongful death laws. However, understanding some of the basic principles may help you make the most of your initial consultation with an Arizona wrongful death lawyer.

What Is “Wrongful Death” in Arizona?

State law defines wrongful death in Arizona as a death occurring due to “a wrongful act, neglect or default” that would have entitled the decedent (person who passed away) to bring about a civil claim and recover damages from the wrongdoer. Damages, in the legal context, are compensation that someone may recover in personal injury cases.

Although wrongful death claims can result from criminal acts, such as manslaughter or homicide, they are CIVIL claims and do not result in criminal penalties on their own. There are many differences between a wrongful death lawsuit and a criminal homicide case, and an experienced attorney can help you parse the key distinctions. Most importantly, a wrongful death lawsuit is designed to obtain monetary compensation for the decedent’s survivors.

A common precursor to Arizona wrongful death claims is a serious or catastrophic car accident. The chances of fatalities increase when trucks or large commercial vehicles are involved. Other incidents that may give rise to wrongful death claims are workplace accidents, medical malpractice, and product liability claims.

What are the Essential Elements of an Arizona Wrongful Death Lawsuit?

Like most other personal injury cases, plaintiffs in Arizona wrongful death lawsuits must show the court that four legal elements existed within the accident. The elements are Duty, Breach, Causation, and Damages, as further described below:

• The defendant owed the decedent a duty of care. A duty of care is the behavior someone must adhere to in order to prevent others from suffering harm or injuries. For instance, Arizona drivers must act reasonably and follow the rules of the road.
• The defendant breached their duty of care. Failing to drive with reasonable care on shared roadways, which could result from reckless speeding or operating a vehicle while impaired by alcohol, is an example of a duty-of-care breach.

• The defendant’s breach of their duty of care led to (or caused) the plaintiff’s death. This is also known as the causation element. It might also be satisfied if the defendant’s actions contributed, but weren’t the only cause, of the plaintiff’s death.

• The plaintiff suffered damages. Some damages in a wrongful death lawsuit may apply in other types of personal injury cases, such as loss of companionship, medical bills, or lost wages. The only difference is that the decedent’s loved ones or, in some cases, the decedent’s estate is the beneficiary. Damages unique to wrongful death lawsuits include funeral and burial expenses.

In court, plaintiffs must prove the existence of those four elements based on a preponderance of the evidence. That standard of proof requires plaintiffs to show that it is more likely than not that the required elements were present in their case. The preponderance of evidence standard is easier to prove than the reasonable doubt standard required for criminal cases.

Who Can File an Arizona Wrongful Death Lawsuit?

A few people close to the decedent have legal standing under Arizona law to bring a wrongful death claim:

• Spouse
• Child
• Parent or guardian
• Personal representative (sometimes referred to as executor). This individual is a person either nominated in the decedent’s will, trust, or estate planning document or named by a court to manage the decedent’s estate.

One important note here is that wrongful death damages are generally not subject to intestate succession. Intestate succession refers to automatic distribution to members of a decedent’s family tree based on default state laws.  Since wrongful death damages aren’t subject to intestate succession, that means certain family members may receive the damages even if they wouldn’t otherwise be prioritized under intestate succession laws.

A common question our firm gets is: Who are the heirs for wrongful death in Arizona? There is really no such thing as heirs for wrongful death claims, as heirs are people who are eligible to inherit assets passed down in accordance with Arizona intestate succession laws.

The amount of damages surviving loved ones can get in wrongful death claims must be proportional to their individual losses. For instance, spouses of decedents often get the bulk of damages related to loss of companionship. Determining the allocation of damages can get complicated, which is just one reason why having an attorney guide you through the legal process is crucial.

Damages Recoverable in an Arizona Wrongful Death Claim

Damages plaintiffs may recover in Arizona wrongful death lawsuits are divided into three categories: economic (special), non-economic (general), and punitive.

• Economic damages refer to losses that are quantifiable. They can include things like wages the decedent would have earned during their lifetime, medical bills the decedent incurred leading up to their death, and funeral expenses.

• Non-economic damages describe intangible benefits that are often difficult to quantify. These general damages can include loss of companionship, affection, or guidance; pain and suffering of the decedent’s surviving loved ones; and diminished quality of life for those affected by their loved one’s death.

• Punitive damages are sparingly awarded in wrongful death cases. Punitive damages in Arizona are reserved for cases where the defendant exhibited particularly egregious or reckless behavior.

Does Arizona Cap Damages in Wrongful Death Cases?

No, Arizona does not cap economic or non-economic damages in wrongful death cases—even if medical malpractice caused the wrongful death. Additionally, punitive damages in wrongful death cases are not capped.

Arizona Wrongful Death Statute of Limitations

The statute of limitations for wrongful death lawsuits in Arizona is two years. That means the decedent’s loved one or personal representative has two years from the date of death to begin a legal action against the defendant(s). This two-year statute of limitations applies even if the decedent passes away several years after the accident or incident.

Failing to file a lawsuit within the statute of limitations will likely result in the judge dismissing your suit.

Wrongful Death Claims Against Public Entities

A key exception to Arizona’s two-year statute of limitations for wrongful death suits involves claims against public entities. In most cases, plaintiffs must file a claim against the entity within 180 days before they can file a lawsuit. The claim is considered denied if the entity rejects it or fails to respond within 60 days. In those situations, plaintiffs can file a wrongful death lawsuit within one year of the decedent’s passing.

Will My Arizona Wrongful Death Case Settle?

It’s impossible to say, with certainty, whether or not your wrongful death case on behalf of a loved one will settle out of court. Most civil cases, including personal injury and wrongful death cases, settle sometime before the trial reaches the verdict phase, but it’s nearly impossible to know how many.

Factors that may affect your case’s chance of settling either before or during a trial include:

• The amount of evidence you have that supports your case
• The strength of your available evidence
• The willingness of the defendant to negotiate
• Whether the defendant ultimately believes you can convince a judge or jury to award you damages
• The length of time you are willing to wait to recover damages

One significant advantage of settling your wrongful death case is certainty. While you and the defendant know how much you’re recovering in a settlement, a judge or jury trial means you’re leaving the issue of damages up to strangers. A good case and attorney can increase your chances of success in court, but it’s impossible to guarantee recovery in those circumstances.

A few other advantages of settling your wrongful death lawsuit include:

• Reduced costs
• Shortened timeline
• Not having to relive the trauma of the incident

Even though you may want to settle your wrongful death case, the defendant may simply not want to even talk about a settlement. It’s good to have the option to file a lawsuit if all other routes fail.

How Thompson Law Can Help

The legal process for civil claims—including personal injury and wrongful death cases—can be incredibly complex. In addition to the statute of limitations, you must file pretrial motions and respond to the other side’s demands in certain time frames. The mountain of paperwork you must fill out cannot be missing any key details. Ultimately, countless nuances in the legal process exist that most people are unaware of.

You owe it to yourself to hire an experienced and proven Arizona wrongful death attorney to guide you through the process. Your attorney has a professional obligation to represent you to the best of their ability. You shouldn’t have to navigate this stressful period alone.

If you’re worried about paying for legal counsel, take note of Thompson Law’s contingency fee structure. Lawyers who take personal injury cases on a contingency basis get paid only if they win money for their clients. That can motivate your attorney to pull out all the stops to maximize your compensation.

Contact Thompson Law Today

Carrying on after the sudden, unexpected death of a family member is hard enough without the added financial burdens. Our staff would be happy to speak with you about a potential wrongful death claim to take some worries off your plate.

Call Thompson Law anytime at 866-293-4768 or send us a message online to set up a free initial consultation.