When a person dies because of another's negligence or wrongful act, Arizona law allows the surviving family to bring a wrongful death claim. Under A.R.S. § 12-611, the claim exists when the death was caused by conduct that would have entitled the victim to sue had they survived. These claims arise from car and truck crashes, medical malpractice, dangerous premises, defective products, and workplace accidents.
What a Wrongful Death Claim Is
A wrongful death claim is not about replacing a life, which is impossible, but about holding the responsible party accountable and providing financial security for those left behind.
Who Can File in Arizona
Arizona law specifies who may bring the claim: a surviving spouse, a child, or a parent of the deceased, or the personal representative of the estate on behalf of those beneficiaries. The statute sets an order and structure for who has the right to sue, which can become complicated in blended families or where no immediate family survives.
An attorney can clarify who has standing to file and ensure the claim is brought by the proper party, which is essential to its validity.
What Families Can Recover
Arizona allows recovery for the survivors' losses, including the loss of love, companionship, care, guidance, and society; their grief, sorrow, and mental anguish; the lost income and benefits the deceased would have provided; and funeral and burial expenses. Because Arizona prohibits caps on damages, these losses are not artificially limited.
Unlike some states, Arizona's wrongful death damages focus on what the survivors have lost, recognizing the profound personal and financial impact of losing a family member.
Taking the First Step While Grieving
Pursuing a legal claim is the last thing most families want to think about after a loss. There is no pressure and no obligation in simply understanding your rights. A free, confidential conversation can explain the applicable deadlines, generally two years, with a 180-day notice if a government entity is involved, so that the family's options are preserved while they grieve.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.