Survival Action vs. Wrongful Death in Arizona
After a death caused by negligence, two related claims can arise, and they are easy to confuse. Understanding the difference matters, because they compensate different losses and are often pursued together.
Two different losses
A wrongful death claim belongs to the family, for their own losses — their grief, the loss of the person's companionship and guidance, and the support the person would have provided. A survival action belongs to the estate, for what your loved one themselves endured before passing — their pain, medical bills, and lost income.
Often brought together
Because these cover different harms, they can usually be brought together after a death, so that both your loved one's suffering and your family's loss are accounted for. Sorting out which claims apply and who brings each is part of what we handle.
How we help
We identify every claim that applies, sort out who should bring each, and pursue them together with care. The review is free and confidential. Se habla español.
Frequently asked questions
Can my family bring both claims?
Often, yes. A wrongful death claim (the family's losses) and a survival action (the estate's claim for what your loved one endured) cover different harms and can usually be brought together. We help sort out which applies and who brings each.
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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