After a fatal accident, some families assume they must wait for a criminal case to conclude before they can act. However, the civil justice path established by the Arizona wrongful death statute is entirely separate. This distinction allows a family to pursue a claim for their loss without delay.
A wrongful death lawyer in Arizona helps survivors to seek accountability and resources to move forward.
Key Takeaways for Arizona Wrongful Death Statute
- A surviving spouse, child, parent, or the personal representative of the estate may file a wrongful death claim.
- The general deadline to file a claim is two years from the date of the person's death, but the window shortens drastically for claims against government bodies.
- A wrongful death claim compensates the survivors for their losses, while a separate survival action addresses the losses the deceased person suffered before their death.
- The compensation recovered from a wrongful death lawsuit goes directly to the surviving beneficiaries, not into the deceased's estate to pay off debts.
- An attorney plays a critical part in identifying all eligible claimants and ensuring the action represents every beneficiary's interests according to Arizona law.
Who Has the Right To File a Wrongful Death Claim?
The Arizona wrongful death statute creates a specific framework that designates who can initiate a legal action after a loved one’s death. Arizona law consolidates this power into a single lawsuit: one eligible person acts on behalf of all the statutory beneficiaries.
This approach streamlines the legal process, prevents multiple lawsuits, and helps ensure a fair distribution of any compensation among all qualifying family members.
The designated individuals who can file for wrongful death in Arizona include:
- The Surviving Spouse: The husband or wife of the deceased has the primary right to file.
- A Surviving Child: If there is no surviving spouse, or if the spouse is unable to act, an adult child of the deceased may file the claim.
- A Surviving Parent or Guardian: In the absence of a spouse or children, the parents or legal guardian of the deceased may initiate the action.
- The Personal Representative: The personal representative of the deceased person’s estate can file on behalf of the beneficiaries or the estate itself.
Beneficiaries of the Wrongful Death Action
While only one person files the claim, the action aids all beneficiaries. The Arizona wrongful death statute identifies who can receive compensation, known as damages. These beneficiaries are the people who have suffered direct losses because of their loved one's death.
Qualifying beneficiaries include the spouse who lost their partner, children (regardless of age) who lost a parent, and the deceased’s parents who lost a child. The court distributes the final compensation among these parties in proportion to their individual damages.
For example, a young child who lost a parent may have a different amount of damages than a financially independent adult child. A lawyer helps prove the extent of each beneficiary's unique loss.
The Role of the Personal Representative
A personal representative, also known as an executor or administrator, is the person appointed to manage the deceased's estate. The Arizona wrongful death statute permits this individual to file the claim on behalf of the surviving spouse, children, or parents.
This often occurs when the family prefers a neutral party to handle the legal complexities or when they cannot agree on who should file. The personal representative also has the unique ability to file on behalf of the decedent's estate if no other statutory beneficiaries exist.
In such cases, the recovered funds become an asset of the estate.
Wrongful Death vs. Survival Actions
Families often learn that Arizona law allows for two distinct but related types of legal actions after a death caused by negligence. The first is the wrongful death claim, and the second is a survival action.
A wrongful death claim focuses on the harm done to the surviving family members. It seeks to compensate them for their personal losses stemming from the death. In contrast, a survival action allows the deceased's estate to pursue the claim the person could have filed had they lived.
This claim addresses the damages the deceased person personally suffered. An attorney can determine whether a family has grounds to pursue one or both actions.
Compensation in a Wrongful Death Claim
The Arizona wrongful death statute empowers a jury to award damages to the surviving family members for their injuries. This compensation is for the survivors' losses, not the deceased’s. It belongs to the family members and isn’t subject to the deceased person's debts or creditors.
Damages in a wrongful death claim may cover:
- Loss of Companionship, Comfort, and Guidance: A claim compensates for the profound emotional void left by the absence of a spouse, parent, or child.
- Pain, Grief, and Sorrow: The action seeks to address the mental and emotional anguish the survivors experience.
- Loss of Financial Support: Compensation includes the income and other financial contributions the deceased would have provided to the family.
- Loss of Household Services: A settlement accounts for the value of the tasks and chores the deceased performed around the home.
The Estate’s Claim in an Arizona Survival Action
An Arizona survival action functions differently. The law allows a personal injury claim to survive the person's death. The estate's personal representative files this lawsuit to recover damages for the harm the deceased physically experienced between the moment of injury and their eventual death.
The goal is to compensate the estate for losses the deceased themselves incurred. These funds do become part of the estate and may go toward satisfying the decedent’s debts. An Arizona survival action lets an estate pursue compensation that would have belonged to the deceased.
Common examples include:
- Medical Expenses: The estate may recover the cost of medical care and treatment the deceased received before passing away.
- Lost Wages: A survival action may pursue the income the deceased lost between the time of their injury and their death.
- Pain and Suffering of the Deceased: The claim may seek compensation for the physical pain and emotional distress the deceased endured before death.
- Funeral and Burial Expenses: The deceased's estate recovers these costs through a survival action if they represent a direct financial loss to the estate. If an individual survivor paid for the funeral or burial, they may recover damages in the wrongful death claim.
Statutory Deadlines in Arizona
Filing a wrongful death claim in Arizona requires strict adherence to legal deadlines. The statute of limitations sets a firm two-year time limit for initiating a lawsuit. Missing this deadline almost always results in the court dismissing the case, forever barring the family from seeking compensation.
The two-year clock starts ticking on the day the person dies, which may not be the same day the accident occurred. This timeframe gives a family a period to grieve and consult with an attorney to build a strong case.
Waiting too long creates significant problems. Evidence can disappear, witnesses' memories may fade, and the opportunity for a thorough investigation diminishes.
Shorter Deadlines for Government Claims
A critical exception to the two-year rule applies when the at-fault party is a government employee or agency. If you believe a city, county, or state entity is responsible for your loved one's death, you must act much faster.
Arizona law requires that you file a formal Notice of Claim within 180 days of the death. After filing the Notice of Claim, you must then file the lawsuit within one year. These deadlines are extremely short and have very strict procedural requirements.
An oversight can easily jeopardize a family's rights, which highlights the need for immediate legal guidance when pursuing a claim under the Arizona wrongful death statute against a public entity.
How a Lawyer Helps With Your Arizona Wrongful Death Statute Claim
When you're facing a potential wrongful death claim, an attorney provides critical support and guidance. A lawyer handles the legal burdens, allowing your family to focus on healing.
They work methodically to protect your rights and build a comprehensive case that accurately reflects your family's total losses.
Here is how a lawyer assists you with the Arizona wrongful death statute:
- Thorough Investigation: Your attorney conducts an in-depth investigation to uncover the cause of your loved one's death and gather all necessary evidence, such as accident reports, witness statements, and expert analysis.
- Accurate Identification of Parties: A lawyer correctly identifies all statutory plaintiffs and beneficiaries and ensures all potentially liable parties are named in the lawsuit.
- Comprehensive Damage Calculation: Your legal team works with financial and economic experts to calculate the full value of your claim, accounting for lost income, loss of companionship, and future financial needs.
- Skillful Negotiation: Your attorney manages all communication and negotiations with insurance companies and opposing counsel, working to reach a fair settlement that honors your family's loss.
- Litigation and Court Representation: If a fair settlement cannot be reached, your lawyer can take your case to trial, presenting a compelling argument to a judge and jury.
- Deadline Management: Your lawyer tracks and meets all filing deadlines, including the short 180-day notice period for government claims.
FAQ for Arizona Wrongful Death Statute
What Is the Time Limit To File a Wrongful Death Claim in Arizona?
You generally have two years from the date of the deceased person’s death to file a wrongful death claim in Arizona. This deadline is known as the statute of limitations.
A significant exception applies to claims against public entities or employees, requiring you to file a formal Notice of Claim within 180 days.
Who Receives the Compensation From a Wrongful Death Settlement in Arizona?
Compensation from a wrongful death settlement is distributed among the surviving statutory beneficiaries, which include the spouse, children, and parents of the deceased.
The distribution isn’t necessarily equal. A judge approves the final allocation based on the proportion of damages each individual beneficiary suffered.
Can Siblings File a Wrongful Death Lawsuit in Arizona?
Typically, siblings cannot file a wrongful death lawsuit in Arizona. The Arizona wrongful death statute restricts this right to the surviving spouse, children, parents, or the personal representative of the estate.
A sibling may file a lawsuit only if they were appointed as the personal representative and no other qualifying survivors exist.
How Does the Arizona Wrongful Death Statute Address Deaths Caused by Criminal Acts?
The Arizona wrongful death statute allows a family to pursue a civil claim for damages regardless of any criminal proceedings. A civil wrongful death claim and a criminal case are two separate legal actions with different goals and standards of proof.
A family can seek financial compensation in civil court even if the responsible party isn’t convicted of a crime.
What Types of Damages Can a Family Recover in a Wrongful Death Claim?
A family can recover various types of damages to compensate for the wide-ranging impacts of their loss. A claim filed under the Arizona wrongful death statute seeks to address both the financial and emotional toll.
Damages may include the following:
- Economic Damages: This covers measurable financial losses, such as medical bills incurred before death, funeral and burial expenses, and the loss of the deceased's wages and benefits.
- Non-Economic Damages: This addresses the intangible, personal losses, such as the family's pain and suffering, emotional distress, and the loss of love, care, and companionship.
- Punitive Damages: In rare cases where the defendant's conduct was exceptionally outrageous or malicious, a court may award punitive damages to punish the wrongdoer and deter similar behavior.
We’re Here for Your Family
The legal road ahead may seem complex, but your first step can be simple. Gather key documents related to your loved one, such as the official death certificate, accident or incident reports, and records showing their recent income.
The team at Gallagher & Kennedy can help you start a wrongful death claim. We understand the complexities of the Arizona wrongful death statute and how to build a case that honors your loved one and protects your family's future.
Call us at (602) 530-8400 to learn how we can help you move forward.