Who Can Sue for Wrongful Death in Arizona?

When you lose someone close to you in an unexpected accident, you may be forced to contend with more than grief. A sudden death can mean the unforeseeable loss of a loved one. If your loved one’s death was the result of another party’s negligence, you could recover compensation for those losses by filing a wrongful death claim.

Only certain parties are eligible to sue for wrongful death under Arizona law. You can file a wrongful death lawsuit in Arizona if you are a surviving spouse, child, parent, or guardian of the deceased. A personal representative of the deceased’s estate may also sue for wrongful death, but any compensation the representative recovers will go to surviving family members.

To learn more about wrongful death claims in Arizona, contact the trusted wrongful death attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C.. We can answer your legal questions and evaluate your case at no charge during an initial strategy session.

What Is a Wrongful Death Claim?

Arizona Revised Statute (ARS) § 12-611 specifies that a wrongful death occurs when someone dies as the result of another party’s “wrongful act, neglect, or default.” Generally, if the other party’s actions would have entitled the fatally injured person to file a personal injury lawsuit if they had survived, then the at-fault party can be held liable in a wrongful death claim.

In other words, wrongful death victims cannot recover compensation for themselves, so wrongful death claims allow surviving loved ones to take legal action on their behalf. There are many potential scenarios that could give rise to a wrongful death claim, including fatal car crashes, medical malpractice, and workplace accidents.

Keep in mind that a wrongful death claim is a type of civil action, which is completely separate from any criminal charges that may be brought. The outcome of one type of case may not directly impact the other, so neither a lack of criminal charges nor a not guilty verdict automatically means a wrongful death claim will fail.

Additionally, while a criminal conviction on homicide or manslaughter charges could result in jail time and other legal penalties, liability in wrongful death claims is expressed only in monetary terms. As a result, when a party is found to be at fault in a wrongful death claim, their only possible punishment is being ordered to pay surviving family members or the deceased’s estate.

Who May Not File a Wrongful Death Lawsuit in Arizona?

We know that surviving spouses, children, parents, guardians, and personal representatives are the only parties with the authority to file wrongful death claims in Arizona. But who can and can’t be a personal representative?

ARS § 14-3203 outlines which parties can seek to be appointed as personal representatives in Arizona and who has priority:

• Nominated executors – An executor is a person nominated to manage the estate of the deceased in a valid will. These individuals have first priority.

• Surviving spouses – Surviving spouses who are devisees of the deceased (meaning the deceased arranged to leave them property) have the next priority. Surviving spouses who are not devisees have fourth priority after other surviving devisees.

• Other surviving “devisees” – Other surviving devisees who are entitled to property left behind by the deceased have third priority.

• Other surviving heirs – Next in line after surviving spouses and devisees are any other surviving heirs of the deceased. Unlike devisees, heirs are almost always individuals who are entitled to inherit from ancestors or other relatives.

• Veterans’ agencies – If the deceased was a veteran or the immediate family member of a veteran, the Department of Veterans’ Services may step in.

• Creditors of the deceased – If no other party with higher priority seeks to be a personal representative during the 45 days after a wrongful death occurs, creditors other than funeral directors or funeral homes have priority.

• Public fiduciaries – Finally, if no other party steps in as a personal representative, a public fiduciary appointed by the state may act as the personal representative.

So, those who are not included on this list may not file a wrongful death claim in Arizona.

What Type of Compensation Is Available in a Wrongful Death Claim?

The amount of compensation available in an Arizona wrongful death claim can vary considerably depending on the circumstances. Generally speaking, wrongful death claimants may be entitled to compensation for the following types of losses:

• Any out-of-pocket medical expenses incurred on behalf of the deceased before they ultimately died from their injuries

• The costs of repairing or replacing any property damaged in the incident

• Reasonable funeral, burial, or crematory expenses for the deceased

• The value of any wages or benefits the deceased would have earned and provided to dependents if they had survived

• The intangible value of the loss of the love, affection, consortium, comfort, companionship, guidance, and household services provided by the deceased

How Is Compensation Divided in a Wrongful Death Claim?

Arizona law only states that compensation from a wrongful death claim should be distributed to eligible beneficiaries “in proportion to their damages.” In some cases, this means all beneficiaries agree to take certain percentages or equal shares. If the beneficiaries can’t agree on the best way to distribute the money, the court may step in and make the decision based on each beneficiary’s relationship with the deceased.

Is There a Time Limit for Wrongful Death Lawsuits in Arizona?

Yes, there is a time limit for wrongful death lawsuits in Arizona. Under ARS § 12-542, eligible parties have two years from the date of their loved one’s death to file wrongful death claims in civil court. If you miss the two-year deadline, known as the statute of limitations, the court can dismiss your case, so it’s important to speak with a knowledgeable Arizona wrongful death attorney as soon as possible to get the claims process started.

Contact an Arizona Wrongful Death Lawyer Today

If you need answers in the aftermath of a loved one’s death in Arizona, look no further than the dedicated legal team at Mushkatel, Gobbato, & Kile, P.L.L.C.. Our full-service law firm can handle every aspect of your wrongful death claim while you take the time you need to mourn properly and move forward after such a tragic event. Contact us today to learn more about your legal options in an initial case review.

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…