In Arizona, when a person dies as a result of another party’s accidental or intentional action, the deceased person’s family or estate could be eligible to file a wrongful death lawsuit. In this article, we’ll examine several key aspects of the laws that apply to wrongful death claims in Arizona, including:
- how the state defines “wrongful death”
- who can file a wrongful death claim in the state’s courts
- the potential “damages” that might be available in a wrongful death claim, and
- the time limit on filing this type of lawsuit.
What Is “Wrongful Death” in Arizona?
Arizona law defines a “wrongful death” as a death that is caused “by wrongful act, neglect or default.” (Arizona Revised Statutes § 12-611 (2021).) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by:
- a negligence-based incident (such as a car accident)
- medical malpractice, or
- an intentional act (including a crime).
As in other types of personal injury lawsuits, the defendant’s liability in a successful wrongful death case is expressed solely in terms of financial compensation (“damages”) that the court orders the defendant to pay to the deceased person’s survivors or estate. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.
There are other differences between a criminal prosecution for homicide and a wrongful death civil lawsuit. For instance, in a criminal case, the accused’s guilt must be established “beyond a reasonable doubt,” which is a very high bar for the prosecution to clear. In a civil lawsuit, the defendant’s liability must be shown only “by a preponderance of the evidence,” meaning it’s more likely than not that the defendant is responsible for the death. It is possible, though, for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court while facing criminal charges related to the same death.
Who Can File a Wrongful Death Lawsuit in Arizona?
A wrongful death case may be brought to court if the deceased person could have filed a personal injury lawsuit based on the wrongful or negligent conduct that caused his or her death. In other words, a wrongful death case is like a personal injury case in which the injured person (the deceased) is no longer able to bring the claim on his or her own behalf. Instead, someone else must step in and file the lawsuit.
According to Arizona law, the following people are permitted to file a wrongful death lawsuit in the state’s civil courts:
- the deceased person’s surviving spouse
- any surviving child of the deceased person
- a surviving parent or guardian of the deceased person, or
- the deceased person’s personal representative (called an “executor” in some states) on behalf of a surviving spouse, child, or parent, or on behalf of the estate if none of those people survived the deceased.
If the deceased person is a child, either of the child’s parents or a legal guardian may file a wrongful death claim on his or her behalf. (Ariz. Rev. Stat. § 12-612 (2021).)
What Damages Are Available in an Arizona Wrongful Death Case?
In a wrongful death case, “damages”—or the plaintiff’s claimed losses—are typically divided into two categories: economic damages and noneconomic damages. Economic damages typically include money paid to the deceased person’s survivors to cover financial losses associated with the death. In Arizona, some common economic damages include:
- funeral and burial expenses
- medical bills
- the value of lost wages and benefits the deceased person would have earned if he or she had lived, and
- the repair or replacement of any property damaged in the event.
Noneconomic damages can be more difficult to quantify than economic damages, but they are intended to compensate for the intangible losses suffered by the deceased person’s family as a result of the death. Noneconomic damages can include:
- loss of the deceased person’s love, affection, comfort, companionship, and guidance,
- loss of household services the deceased provided, and
- survivors’ emotional pain and suffering.
Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit, but Arizona has no such limit. Get more details on damages that might be available in a wrongful death case.
How Long Do I Have to File a Wrongful Death Claim in Arizona?
Wrongful death claims must be filed within a specific period of time, set by a law known as a statute of limitations. In Arizona, a wrongful death case must be filed within two years of the date of the person’s death. If the case is not filed within this time period, the court will likely refuse to hear it altogether. (Ariz. Rev. Stat. § 12-542 (2021).)
If you’re considering a wrongful death lawsuit in Arizona, please contact the AZ Hometown Lawyers via the contact form or call (602) 495-1005. Wrongful death cases can be complicated, and you need an experienced lawyer that can explain how the law might apply to your specific situation.
Credit: Nolo.com
Photo Credit: “Crying Man” by ThoroughlyReviewed is licensed under CC BY 2.0
