Bereaved Rights

State wrongful death guide

Arizona Wrongful Death Law Guide

Arizona wrongful death claims must be filed within two years and may be brought by close family or the estate, with damages covering both economic loss and emotional harm.

Quick facts for Arizona

  • Who can file: Arizona permits the surviving spouse, children, or parents of the deceased to file a wrongful death action. If none survive, the estate’s personal representative may bring the claim.
  • Deadline to file: Most Arizona wrongful death actions must be filed within two years of the date of death.
  • Key statute: A.R.S. § 12-611 to § 12-613

Types of compensation families may pursue

  • Loss of financial support and income
  • Loss of companionship, guidance, and care
  • Survivors’ emotional suffering, grief, and sorrow
  • Medical and funeral expenses
  • Punitive damages in egregious cases

Arizona does not impose general damage caps on wrongful death claims. Punitive damages are allowed in cases involving aggravated wrongdoing.

Arizona wrongful death law: a guide for grieving families

Arizona’s wrongful death law recognizes that a preventable death affects a family emotionally, financially, and practically. This guide breaks down the essentials in calm, plain-English terms so you can understand your rights without facing legal jargon alone.

1. What is “wrongful death” in Arizona?

A wrongful death occurs when someone’s wrongful act, neglect, or default causes a person’s death, and the deceased could have brought a personal injury claim if they had survived.

Common causes include:

  • Vehicle crashes
  • Medical negligence
  • Nursing home neglect
  • Unsafe property or premises
  • Defective products

2. Who may file the lawsuit?

Arizona law allows these survivors to bring the claim:

  • Surviving spouse
  • Children
  • Parents

If none of these relatives are alive, the personal representative of the estate may file on behalf of the estate.

3. What damages are available?

Arizona permits both economic and noneconomic damages, including:

  • Loss of financial support
  • Loss of companionship, care, and guidance
  • Survivors’ grief, sorrow, and emotional anguish
  • Funeral and medical expenses
  • Punitive damages if the conduct was especially wrongful

4. Are there damage caps?

There are no general caps on compensatory damages.

Punitive damages are allowed when the defendant acted with aggravated, wanton, or malicious conduct.

5. Filing deadline

Most wrongful death cases must be filed within:

  • Two years of the date of death

Disclaimer

This guide is general information, not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Arizona? +

Most wrongful death lawsuits in Arizona must be filed within two years of the date of death. Courts strictly enforce this deadline, and filing late usually ends the claim. This answer is informational only and not legal advice.

What damages are available in an Arizona wrongful death case? +

Arizona allows survivors to recover damages for financial losses, loss of companionship and guidance, emotional anguish, funeral expenses, and in some cases punitive damages. The state does not cap compensatory wrongful death damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Arizona? +

Arizona law allows the surviving spouse, surviving children, or surviving parents of the deceased to file a wrongful death lawsuit. If none of these relatives survive, the estate’s personal representative may bring the claim. Family members do not file multiple separate lawsuits; instead, one action is brought, and eligible survivors share in any recovery. This answer is informational only and not legal advice.