Arizona Wrongful Death Lawyer

Who can bring an Arizona wrongful death claim?

A surviving spouse, child, parent or guardian, or the personal representative of the estate, may bring the claim for all eligible family members. Only one action is brought, and it covers every eligible beneficiary.

That structure can raise practical questions. Family members may disagree about who should lead the case, or there may be children from more than one relationship. Every eligible beneficiary must be considered, and the court can decide how any recovery is divided if the family cannot agree. Our team helps families sort out these questions early. Opening an estate is not always required to start an Arizona wrongful death case, but it is often needed for a related survival claim or to handle settlement money for minor children, so it is worth planning for from the beginning.

What damages can an Arizona family recover?

Arizona allows the jury to award damages it finds fair and just, considering the losses the family suffered. Because the Arizona Constitution prohibits laws limiting damages for death, there is no statutory cap.

Typical categories include:

• Loss of love, affection, companionship, consortium and guidance.
• The family's emotional suffering and grief.
• Lost financial support and services the person would have provided.
• Medical and funeral expenses.

Arizona also allows the jury to consider aggravating or mitigating circumstances surrounding the death. In cases involving extreme recklessness, punitive damages may be possible under a higher standard of proof.

How is a survival claim different from a wrongful death claim?

A survival claim belongs to the estate and recovers losses the person suffered before death, such as medical expenses and lost earnings between the injury and death. Arizona generally does not allow the person's own pain and suffering to be recovered through a survival claim.

The wrongful death claim, by contrast, compensates the family's own losses. Both claims are often pursued together, and they can involve different deadlines and different recipients of the money.

How does fault sharing affect a family's recovery in Arizona?

The recovery is reduced by any share of fault assigned to the person who died, but it is never barred. Arizona also generally makes each defendant pay only its own share.

Consider a fatal crash on State Route 87 where a pickup crosses the center line. The family's damages total $2,000,000. The jury finds the pickup driver 70% at fault, a contractor that left an unmarked lane drop 20% at fault, and the deceased driver 10% at fault for speed. The family recovers $1,800,000 in total, with the pickup driver's side generally owing $1,400,000 and the contractor $400,000. Without the contractor in the case, the family might collect only the pickup driver's share.

What if a government agency is involved?

A notice of claim must generally be filed within 180 days with the public entity or employee, and a lawsuit generally must follow within 1 year. This applies to deaths involving city vehicles, police pursuits, dangerous road conditions, public hospitals and other public property.

The notice must include facts and a specific settlement amount and must reach the right official. Our page on government and public property claims explains more.

How does a criminal case affect the civil claim?

They are separate. A criminal case punishes a crime and may result in restitution, while the civil case compensates the family. A conviction can be powerful evidence, but the civil case can succeed without one because the standard of proof is lower. The 2-year civil deadline keeps running during a prosecution, and criminal restitution usually covers only limited out-of-pocket costs, so families should not wait for the criminal case to end.

While both cases move forward, a few early steps protect the family's claim:

1. Request the death certificate and the police or incident report.
2. Keep photos, messages, pay records and anything showing the person's role in the family.
3. Avoid recorded statements to insurers before speaking with a lawyer.
4. Note whether a city, county or state agency may be involved, so the 180-day notice is not missed.
5. Discuss who will bring the claim on behalf of all beneficiaries.

If a medical error caused the death, see our Arizona medical malpractice page. Learn about these cases nationally on our wrongful death page, or visit our Arizona injury guide. We offer a free, confidential case review, and families pay no fee unless we win.