Wrongful Death Claims in Arizona — Who Can File?
Under Arizona Revised Statutes § 12-612, a wrongful death claim can be filed by the surviving spouse, children, parents, or the personal representative of the deceased's estate. The claim must be filed within two years of the date of death. Arizona's wrongful death law is designed to compensate surviving family members for both economic and non-economic losses caused by the negligent or wrongful act that caused the death.
Wrongful death claims can arise from car accidents, truck accidents, workplace accidents, medical malpractice, defective products, or any situation where negligence or wrongful conduct caused a fatal injury. The standard of proof is the civil standard — a preponderance of the evidence — not the criminal standard of beyond reasonable doubt.
What Compensation Can Arizona Wrongful Death Claims Include?
- Loss of financial support the deceased would have provided over their lifetime
- Loss of household services and contributions
- Medical expenses incurred before death
- Funeral and burial expenses
- Loss of companionship, love, affection, and guidance
- Emotional pain and suffering of surviving family members
- Loss of inheritance that the deceased would have accumulated
- Punitive damages in cases of gross negligence or intentional conduct
How Arizona Wrongful Death Compensation Is Calculated
Wrongful death compensation in Arizona is calculated based on the specific losses of each surviving family member. Economic losses — lost income, support, and services — are calculated using actuarial and economic expert analysis. Non-economic losses — grief, loss of companionship, emotional suffering — are assessed based on the relationship between the deceased and each claimant. There is no cap on wrongful death damages in Arizona.
What to Do After a Wrongful Death in Phoenix
In the immediate aftermath of losing a family member to negligence, the priority is your family's wellbeing. However, certain steps protect your legal rights: preserve any evidence related to the incident, avoid making statements to insurers or other parties, obtain the official incident or accident report, and contact an attorney as soon as you are able. The two-year statute of limitations begins from the date of death.