What Is a Survival Action in Arizona?
In the difficult time after losing a loved one, the legal terms can feel like the last thing you should have to learn. A survival action is a simple idea at heart: it is the injury claim your loved one could have brought had they lived, now brought on their behalf.
The claim that survives your loved one
When someone is injured by negligence and later dies, the law lets their claim 'survive' them — it is brought by their estate for what they themselves endured between the injury and their death. That is the survival action. It exists so that the harm done to your loved one is not erased by their passing.
What it focuses on
A survival action focuses on your loved one's own losses: the physical pain and suffering they experienced, the medical care they needed, and the income they lost during that time. Exactly what can be recovered depends on the state and has changed over time.
How we help
We explain how it works for your family, help bring the claim through the estate, and pursue it with care, often alongside a wrongful death claim. The review is free and confidential. Se habla español.
Frequently asked questions
Why is it called a “survival” action?
Because the claim survives the person's death. It is the injury claim your loved one could have brought if they had lived, now brought by their estate for what they endured before passing.
Is this the same as a wrongful death claim?
No — they are separate. A wrongful death claim is the family's own claim; a survival action is the estate's claim for what your loved one themselves suffered. The two are often brought together.
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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