Wrongful Death Laws in Arizona
Losing a loved one due to someone else’s carelessness or misconduct is one of the hardest experiences a family can face. In Arizona, state law allows certain surviving family members to file a wrongful death claim to pursue justice and financial relief. While no amount of money can undo the pain, a successful claim can provide stability and accountability during an incredibly difficult time.
Who Can File a Wrongful Death Claim in Arizona?
Arizona law allows specific individuals to file a wrongful death lawsuit, including:
- The surviving spouse
- Children of the deceased
- The deceased’s parents or guardians
- The personal representative of the deceased’s estate
If no eligible relatives are available or willing to file, the personal representative can act on behalf of the estate and surviving family members.
What Constitutes a Wrongful Death in Arizona?
A wrongful death occurs when someone dies due to the negligence, wrongful act, or failure to act of another person or entity. Common causes include:
- Car or motorcycle crashes
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Workplace accidents
- Violent crimes
The key requirement is that the death could have led to a personal injury claim if the person had survived.
Types of Compensation Available
Wrongful death damages in Arizona are meant to support survivors and recognize the loss of a loved one. Families may be eligible to receive:
- Funeral and burial expenses
- Medical bills related to the final injury
- Lost income or benefits the deceased would have provided
- Loss of companionship, care, and guidance
- Emotional distress and grief
In some cases, punitive damages may be awarded if the responsible party acted with extreme recklessness or intentional harm.
Arizona’s Statute of Limitations
Survivors must file a wrongful death lawsuit within two years of the person’s death. This is a strict deadline, and missing it could result in the case being dismissed. Early legal guidance is often critical, especially when liability is unclear or multiple parties are involved.
Wrongful Death from Car Accidents
Car accidents are one of the most common sources of wrongful death claims in Arizona. If the crash was caused by a drunk driver, distracted driver, or another negligent party, surviving family members have the right to pursue a civil claim.
Even if the at-fault driver faces criminal charges, a wrongful death lawsuit is a separate process and can proceed regardless of the criminal outcome.
Can a Lawsuit Be Filed After a Workplace Death?
Yes. If an employer’s negligence or a third party contributed to a fatal workplace incident, a wrongful death claim may be an option. However, families may also need to explore workers’ compensation death benefits if the death occurred during the course of employment.
Frequently Asked Questions About Wrongful Death in Arizona
Do wrongful death settlements go through probate?
No. The damages awarded in a wrongful death lawsuit go directly to the surviving beneficiaries and are not subject to probate.
What if the deceased had no spouse or children?
If there are no surviving spouse or children, the deceased’s parents may file the claim. In the absence of any eligible family members, the estate’s personal representative may pursue the claim on behalf of other dependents.
Can more than one person file the lawsuit?
Only one wrongful death claim can be filed, but it may include multiple beneficiaries. A personal representative or one family member typically files on behalf of all eligible survivors.
What if the responsible party is a government employee?
Claims against public entities (such as state or city agencies) follow different procedures. You must file a Notice of Claim within 180 days of the death before pursuing a lawsuit.
Speak With a Wrongful Death Lawyer in Arizona
Arizona’s wrongful death laws are designed to support families and deliver justice after a preventable loss. If your loved one died due to another person’s negligence, speak with a qualified wrongful death attorney. An attorney can explain your legal rights, gather evidence, and guide you through the process from start to finish.