Fatal Accidents & Causes in Arizona
A survival action can follow any death caused by another's negligence, whatever the underlying cause. What matters is that someone was responsible for the fatal injury — and establishing that is the foundation of both the survival action and any wrongful death claim.
The causes behind these claims
Survival actions arise from the same wide range of causes as other injury claims — motor-vehicle and truck crashes, medical malpractice, defective products, unsafe premises, workplace incidents, and more. Whatever the cause, if negligence led to the death, a survival action may follow.
Establishing responsibility
The underlying claim must show who was responsible for the fatal injury, using the same kind of investigation and evidence as any serious injury case. That foundation supports both the survival action and any wrongful death claim brought with it.
How we help
We investigate how the death happened and who is responsible, and pursue the survival action and any wrongful death claim together. The review is free and confidential. Se habla español.
Frequently asked questions
Does a survival action only apply to certain kinds of accidents?
No. It can follow any death caused by another's negligence — a crash, a medical error, a defective product, an unsafe property, and more. What matters is that someone was responsible for the fatal injury.
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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