Who Can File a Wrongful Death Claim in Arizona?

Under Arizona law, a wrongful death action is brought by the deceased person's surviving spouse, child, parent or guardian, or by the personal representative of the estate — and, in general, it must be filed within two years of the death. Those rules come from A.R.S. §§ 12-611, 12-612, and 12-542.

When a wrongful death claim exists

A.R.S. § 12-611 sets the basic test. When a death is "caused by wrongful act, neglect or default," and the act is one that would have entitled the injured person to sue for damages if they had survived, the person or company that would have been liable "shall be liable to an action for damages, notwithstanding the death of the person injured." In plain terms: if the person could have brought an injury claim had they lived, a wrongful death claim can follow when they did not.

The statute also says the civil claim exists "although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter." A criminal case and a civil wrongful death case are separate matters; one does not replace the other.

Who is allowed to bring the case

A.R.S. § 12-612(A) says the action is brought "by and in the name of" the surviving husband or wife, child, parent or guardian, or personal representative of the deceased. It is brought on behalf of the surviving spouse, children, or parents — or, if none of them survive, on behalf of the decedent's estate.

A few details from the same statute:

• Either parent may bring the action for the death of a child, and a guardian may bring it for the death of a ward.
• A "personal representative" includes anyone granted letters testamentary or of administration under the laws of Arizona or another state, and that person can bring the case without further letters or authorization.
• Any recovery is divided among the eligible family members "in proportion to their damages." If the claim is brought for the estate, the money becomes an estate asset.
• A family member who has been found guilty of, or pled guilty or no contest to, certain offenses involving the decedent's death — the statute lists A.R.S. §§ 13-1103, 13-1104, 13-1105, and, for a child decedent, 13-3623 — is treated as having died first and cannot recover.

How damages are decided

Under A.R.S. § 12-613, the jury awards "such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover," taking into account "mitigating or aggravating circumstances attending the wrongful act." Unless the action is brought on behalf of the estate, the amount recovered is not subject to the deceased person's debts or liabilities. The statute does not provide a formula, so the figure depends heavily on the facts and on the evidence presented about the family's losses.

The deadline

A.R.S. § 12-542 sets a two-year limit for personal injury and wrongful death actions, and states that a wrongful death action is "considered as accruing at the death of the party injured." That means the clock for a wrongful death claim generally runs from the date of death, not the date of the crash or incident that caused it. Claims against public entities can involve separate notice requirements — our guide on how long you have to file a personal injury lawsuit in Arizona covers the general deadline and the government notice rule.

What families should do early

Wrongful death cases often grow out of serious collisions. If the other driver left the scene, our explainer on whether leaving the scene of an accident is illegal in Arizona outlines the criminal penalties, which run separately from any civil claim. Keep the death certificate, medical and funeral records, the police report, and insurance information together, and speak with an attorney well before the two-year mark so that who files, and on whose behalf, is settled in time.

This article explains Arizona's wrongful death statutes for general informational purposes and is not legal advice. Every case turns on its own facts; consider speaking with an attorney about your situation.