Compensation & What the Estate Recovers in Arizona
No claim can undo the loss of your loved one. What a survival action can do is recover, on behalf of the estate, the losses your loved one themselves suffered before passing — and, brought alongside a wrongful death claim, it helps account for the full harm.
What a survival action can recover
For the estate, a survival action can generally recover your loved one's pre-death medical expenses and lost income, and — where the law allows — the pain and suffering they endured before death. What is recoverable varies by state and has changed, which we confirm for your situation.
Together with wrongful death
A survival action recovers what belonged to your loved one; a wrongful death claim recovers the family's own losses. Brought together, they aim to account for the full harm — to your loved one and to those left behind. Any recovery generally passes through the estate.
How we help
We document what your loved one endured and the estate's losses, pursue the survival action and any wrongful death claim together, and handle everything with care. The review is free and confidential. Se habla español.
Frequently asked questions
What can a survival action recover for our family?
For the estate, it can recover your loved one's pre-death medical bills and lost income, and — where the law allows — the suffering they endured. Brought with a wrongful death claim, it helps account for the full harm. Recovery generally passes through the estate.
Arizona law — what people ask
How long do I have to file an injury claim in Arizona?
Generally two years. But if a public entity is involved you must serve a formal notice of claim within 180 days and file suit within one year — and Arizona runs a much shorter one-year clock on dog-bite strict-liability claims specifically.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona applies pure comparative negligence, so fault reduces your recovery rather than ending the claim, and there is no percentage at which it cuts off. Arizona also treats fault questions as belonging to the jury rather than being resolved beforehand.
Does Arizona cap what I can recover?
No — and this sets Arizona apart from most states. Its constitution prohibits laws limiting damages for injury or death, and that applies to medical-malpractice claims too, where most states impose a cap. If you have read that pain and suffering is capped, that is not Arizona law.
What if more than one party was responsible?
Arizona generally applies several liability, so each responsible party answers for its own share rather than the whole judgment. That makes identifying every responsible party early a practical question about what is actually collectible.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured coverage is the usual route. Arizona also requires insurers to offer that coverage in writing — so if you were told your policy carries none, the underwriting file is worth checking before that answer is accepted.
Will the jury hear that my health insurance paid my bills?
Usually not — Arizona generally follows the collateral source rule. Medical-negligence cases are the statutory exception, where that evidence has been made admissible, which changes how medical damages are presented in those claims specifically.
Injury law in Arizona
Arizona injury law has some features that set it apart from its neighbors.
- Filing deadline: Arizona generally gives you two years from the injury to file, but only 180 days to serve a notice of claim on a public entity.
- Fault: Arizona follows pure comparative negligence — being partly, or even mostly, at fault reduces your recovery but does not bar it.
- Damage caps: Arizona is unusual: its constitution prohibits caps on injury or death damages, so a statutory cap does not limit what you can recover.
- Multiple defendants: Arizona generally applies several (not joint) liability, so each responsible party is accountable for its own share.
Related topics
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
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