Wrongful Death FAQs
Common questions about wrongful death claims in Arizona. This is general information, not legal advice — for guidance on your family’s situation, start a free, confidential review.
Who can file a wrongful death claim in Arizona?
The law limits it to certain family members — typically a spouse or domestic partner and children, and sometimes parents or dependents. The exact rules vary, so a free review is the best way to know.
How long do we have to file in Arizona?
Wrongful-death deadlines can be short and generally run from the date of death — shorter still if a government entity is involved. Because a missed deadline can end a claim, reach out as soon as you are able.
What can our family recover?
Depending on the state and the facts, claims can address medical and funeral costs, lost financial support, and loss of care and companionship. What applies to you is what our attorney evaluates for free.
How much does it cost to hire your firm?
Wrongful-death matters are handled on a contingency basis for qualifying cases — no fee unless we recover — and the initial review is always free. Fee terms are confirmed in a written agreement.
Arizona law — what people ask
Who can file a wrongful death claim in Arizona?
Arizona defines the class by statute — generally the surviving spouse, children, or parents, or the personal representative of the estate acting on their behalf. A single action is typically brought for the benefit of all statutory beneficiaries rather than each filing separately.
How long do we have to bring a claim in Arizona?
Generally two years from the date of death. If a public entity is involved, a notice of claim is due within 180 days and suit within one year — far shorter, and running while a family is still in the earliest stage of grief.
Does Arizona cap wrongful death damages?
No. Arizona’s constitution prohibits laws limiting damages for death or injury, including in medical-malpractice cases where most states impose a cap. What a jury may award is decided on the evidence rather than by a statutory ceiling.
What can an Arizona family recover?
Arizona allows recovery for the loss of love, affection, companionship and guidance, for the family’s grief and sorrow, and for financial losses including lost support and services, along with funeral and medical expenses. Arizona is comparatively generous in recognizing the emotional loss itself.
What is the difference between wrongful death and a survival claim?
The wrongful-death claim compensates the family for their loss. A survival claim belongs to the estate for what the person suffered before death and for losses incurred before dying. They are pleaded together frequently and have different recipients.
Can we recover punitive damages in Arizona?
Sometimes, where the conduct meets Arizona’s demanding standard — what its courts call an evil mind, proven to a heightened standard. They are not available against public entities or public employees, whatever the conduct.