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Wrongful Death
Wrongful Death Lawyer in Arizona
No settlement changes what happened. Arizona law does give surviving family members a real path to hold the responsible party accountable and secure the support the loss has cost your family.
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Who Can File a Wrongful Death Claim in Arizona?
Quick answer: Under A.R.S. § 12-612, only specific people can bring the claim, in order of priority: the surviving spouse, then surviving children, then surviving parents or guardian, or the personal representative of the estate on behalf of those beneficiaries. Only one lawsuit can be filed on behalf of everyone eligible, even though several family members may be able to recover.
On This Page
What Qualifies as Wrongful Death
Under A.R.S. § 12-611, a wrongful death claim can be brought when a death is caused by a wrongful act, neglect, or default that would have supported a personal injury claim if the person had survived. This covers fatal car and truck accidents, medical malpractice, defective products, premises liability incidents, and other negligence-based deaths.
Awards & Recognition
Founding Partners Michael Tamou and Simon Touma’s personal injury litigation work has been independently recognized, earned, never purchased.
Who Can Bring the Claim
Arizona law sets a strict priority order under A.R.S. § 12-612: surviving spouse first, then surviving children, then surviving parents or guardian, and finally the personal representative of the estate acting on behalf of the statutory beneficiaries. Only one wrongful death action can be filed, representing all eligible survivors together.
How Damages Are Divided
Under A.R.S. § 12-613, damages recovered in a wrongful death case are distributed among the eligible survivors in proportion to their actual damages, as determined by the court or jury, not necessarily in equal shares.
Deadline to File
Wrongful death claims are generally subject to the same two-year statute of limitations under A.R.S. § 12-542, running from the date of death, not the date of the underlying incident if they differ. If a government entity is involved, a Notice of Claim is required within 180 days under A.R.S. § 12-821.01.
Lost a family member due to someone else’s negligence in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What You Can Recover
Remedies & Damages
Arizona wrongful death damages account for both the financial and human loss suffered by surviving family.
Economic Damages
Lost future income & supportCase-specific
Medical & funeral expensesActual costs
Non-Economic Damages
Loss of companionship & guidanceCase-specific
Grief and emotional sufferingCase-specific
In Egregious Cases
Punitive damagesReckless or intentional conduct
Only One Claim Can Be Filed
Arizona law allows a single wrongful death action representing all eligible beneficiaries. Getting the right plaintiff and case structure matters from day one.
How These Disputes Get Resolved
Litigation Strategy
Common Defenses Raised in Wrongful Death Cases
Comparative fault: attributing some responsibility to the deceased to reduce damages.
Causation disputes: arguing the death resulted from an unrelated medical condition.
Standing disputes: challenging whether the right party filed the claim.
Common Questions
Wrongful Death Lawyer in Arizona FAQs
Can more than one family member file a wrongful death claim?
No, only one lawsuit can be filed, but it can represent all eligible beneficiaries in the statutory priority order under A.R.S. § 12-612.
What if there’s no surviving spouse or children?
Surviving parents or a guardian may bring the claim next, and if none exist, the personal representative of the estate can file on behalf of eligible beneficiaries.
How is a wrongful death claim different from a criminal case?
A criminal case, if one is filed, is brought by the state and focused on punishment. A wrongful death claim is a separate civil case brought by the family seeking compensation, and it can proceed regardless of the criminal case’s outcome.
How long do we have to file?
Generally two years from the date of death under A.R.S. § 12-542, though claims against a government entity require a 180-day Notice of Claim.
How are damages divided among family members?
Under A.R.S. § 12-613, damages are divided in proportion to each beneficiary’s actual damages, not necessarily equally.
Key Takeaways
- Only specific survivors, in a set priority order, can bring an Arizona wrongful death claim.
- Only one lawsuit is filed, representing all eligible beneficiaries together.
- Damages account for both financial loss and the human cost of losing a family member.
- The two-year deadline runs from the date of death, and government-entity claims need a 180-day notice.
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Arizona Litigation Group · Phoenix Office
The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
