After a fatal accident: how wrongful death claims work in Arizona

No article can address the weight of losing someone you love. This is only a plain-language overview of how Arizona treats these claims, for families who want to understand their options when they're ready.

What a wrongful death claim is

Under A.R.S. § 12-611, a wrongful death claim exists when a death is caused by a wrongful act, neglect, or default that would have supported a personal injury claim had the person survived. In other words: a personal injury case in which the injury proved fatal.

Who can bring the claim

Arizona law (A.R.S. § 12-612) is specific about who has standing, in order of priority: a surviving spouse, then surviving children, then surviving parents or a guardian, and finally the personal representative of the estate on behalf of the beneficiaries. Arizona consolidates everything into a single action, so one eligible person brings the claim on behalf of all statutory beneficiaries.

What damages may be available

These can include lost financial support and future earnings, the loss of companionship, guidance, and consortium, and funeral and medical expenses. A separate survival action under A.R.S. § 14-3110 may cover the losses the deceased personally suffered before death, such as their own medical bills and pain. Proceeds from a wrongful death claim generally go to the surviving beneficiaries, not to the estate's creditors.

The deadlines are strict

Most wrongful death claims must be filed within two years of the date of death. If a government entity is involved, a notice of claim is generally due within 180 days under A.R.S. § 12-821.01. Missing these deadlines usually ends the claim, so it's worth understanding them early.

Handled with care

These cases are as much about accountability and stability as compensation. Randy handles them with the sensitivity they deserve, and with a clear-eyed view of how the other side will approach them.

This article is general information, not legal advice. Every case is different; contact the firm to discuss yours.