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Arizona gives surviving family two years to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the accident. Miss the deadline and the case is over, regardless of how clear the liability was.
The Two-Year Rule Under ARS §12-542
Arizona's wrongful death statute of limitations is two years from the date of death. The death date controls — not the date of the accident, the date of injury, or the date the family learned the cause. If a person dies six months after a crash from injuries sustained, the two-year clock starts on the death, not the crash.
Special Rule for Government-Entity Claims
If a government entity (state, county, city, or public employee) is potentially liable, ARS §12-821.01 requires a written Notice of Claim within 180 days of the death. Filing suit without first serving the notice is grounds for dismissal.
Wrongful Death From Medical Malpractice
Medical malpractice wrongful death claims still follow the two-year rule but have additional procedural requirements: certification by a qualified expert, specific pleading standards, and pre-litigation notice in some cases.
Tolling and Exceptions
In limited cases, the statute can be paused (tolled): if the at-fault party left Arizona to avoid service, if a beneficiary is a minor, or if the cause of death was concealed (fraud). These exceptions are narrow and fact-specific.
Why Two Years Is Less Time Than It Sounds
Wrongful death cases require investigation, expert review, medical record gathering, and often pre-litigation negotiation. Cases filed in the final weeks rarely settle well — there is no leverage to reject a low offer when the courthouse is about to close.
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📞 Call 623-632-0959Frequently Asked Questions
What if the death happened a year after the accident? When does the clock start?
The two-year clock starts on the date of death, not the date of the accident. If your loved one died a year after the crash, you have two years from the death date — not the crash date.
What if the at-fault party is a city or police officer in Arizona?
Government-entity claims require a Notice of Claim within 180 days under ARS §12-821.01. The two-year statute still applies after that, but missing the 180-day notice almost always defeats the case.
Can the deadline ever be extended in Arizona?
In rare cases. Tolling applies if a beneficiary is a minor, the at-fault party fled, or fraud concealed the cause. These are interpreted narrowly. Don't rely on tolling — file early.
Get help with your case
A Arizona wrongful death case has tight deadlines and complex rules. The earlier we are involved, the more we can do for the family.
Learn more about wrongful death cases 📞 Or call 623-632-0959Related guides on wrongful death in Arizona
- Who Can File a Wrongful Death Lawsuit in Arizona? →
- What Damages Can You Recover in an Arizona Wrongful Death Case? →
- How Long Does an Arizona Wrongful Death Case Take? →
This article provides general information about Arizona wrongful death law and is not legal advice. Every case is fact-specific. For advice on your particular situation, contact a Arizona-licensed attorney.
