Who Can Bring a Survival Action in Arizona?
Because a survival action belongs to your loved one's estate, it is brought by the person the law authorizes to act for the estate — not simply by any grieving relative. Understanding who that is, and getting them in place, is an early step.
The estate’s representative
A survival action is generally brought by the estate's personal representative — the person appointed to administer the estate — or, in some situations, by a successor in interest. This differs from a wrongful death claim, which certain family members bring in their own right.
If no estate has been opened
If probate has not been started and no representative has been appointed, that does not prevent a claim — we can help identify the right person and take the steps to authorize them to bring the survival action on the estate's behalf.
How we help
We identify who should bring the claim, help get them appointed if needed, and pursue the action for the estate. The review is free and confidential. Se habla español.
Frequently asked questions
Do I have to open an estate to bring a survival action?
Usually the claim is brought by the estate's representative, so some estate step is often involved — but if none has been opened, we can help identify the right person and take the steps to authorize them. It does not have to stop a claim.
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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