Opening an Estate & the Personal Representative in Arizona
Because a survival action belongs to the estate, there is often a practical step involved — making sure the estate has someone authorized to act for it. This can sound daunting during grief, but it is manageable, and we help.
What a personal representative does
A personal representative (sometimes called an executor or administrator) is the person the court authorizes to act on behalf of the estate, including bringing a survival action. If your loved one left a will, it may name one; if not, the law sets who can serve.
Coordinating it with the claim
Opening an estate and getting a representative appointed can be coordinated with the injury claim, so the survival action is brought properly and on time. We help handle these steps so your family does not have to navigate them alone.
How we help
We guide your family through the necessary estate steps and coordinate them with the claim. The review is free and confidential. Se habla español.
Frequently asked questions
This sounds complicated during a hard time. Can you help with the estate part?
Yes. We help identify who should serve, coordinate the steps to get them authorized, and handle it alongside the claim, so your family is not left to navigate the process alone.
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.
This is general information about Arizona injury law, not legal advice. Every case is different.
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