Dealing With the Insurer After a Death in Arizona
In the aftermath of a death, families are grieving — and the at-fault party's insurer may move quickly, sometimes reaching out early with a settlement that does not reflect the full harm. How the claim is handled from the start matters, and your family should not have to face the insurer alone.
Be careful early
You are generally not required to give a recorded statement or accept an early offer, and it is wise to get advice first. Early settlements are often made before the full harm — your loved one's suffering and losses and your family's losses — is understood, and before the right person is in place to bring the claim.
One resolution, both claims
Because a survival action and a wrongful death claim can be resolved together, it is important that any settlement accounts for both, and that it is handled through the estate correctly. We make sure the full picture is on the table.
How we help
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Frequently asked questions
The insurer offered a settlement soon after the death. Should we take it?
Get advice first. An early offer is often made before the full harm and both claims — the survival action and any wrongful death claim — are understood, and before the estate is properly in place. A review can tell you whether it reflects the true harm.
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.
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
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