Arizona's wrongful death statute
Arizona wrongful death actions are governed by A.R.S. §§ 12-611 through 12-613. The statute creates a cause of action when a person's death is caused by a wrongful act, neglect, or default of another that would have entitled the deceased to bring a personal injury claim if they had lived.
Under A.R.S. § 12-612, the action may be brought by the surviving spouse, the surviving children, the surviving parents or guardian (if there is no spouse or child), or by the personal representative of the deceased's estate for the benefit of these family members.
Damages recoverable in Arizona wrongful death cases
Under A.R.S. § 12-613, the jury (or judge in a bench trial) may award damages that are "fair and just" with reference to:
- Loss of love, affection, companionship, care, protection, and guidance — non-economic damages that recognize the relationship itself.
- Loss of financial support — the income, services, and contributions the deceased would have provided.
- Loss of household services — the value of the work the deceased performed for the family.
- Loss of inheritance — the assets the deceased would have accumulated and passed on.
- Survivors' grief, sorrow, and emotional distress.
- Medical and funeral expenses.
- Punitive damages where the defendant's conduct was reckless, malicious, or intentional.
Common causes of wrongful death we handle
- Fatal car, truck, and motorcycle crashes
- Pedestrian fatalities
- Construction-site fatalities and workplace deaths beyond workers' compensation
- Drunk driving and other intentional/reckless conduct
- Defective products and dangerous premises
- Medical malpractice
- Nursing-home neglect and elder abuse
The first 90 days matter
Wrongful death cases require fast evidence preservation — particularly in trucking, workplace, and product-defect deaths, where the responsible party will be doing everything possible to limit its exposure. We immediately send preservation letters, retain reconstruction and engineering experts where appropriate, and obtain death certificates, autopsy reports, and any government investigation files. If the family is dealing with funeral and estate issues, we coordinate with probate counsel so the litigation moves forward without adding burden to the family.