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When someone dies from another person's negligence in Arizona, the family often has two separate legal claims: a wrongful death claim and a survival action. Each compensates for different losses. Filing both maximizes recovery.
What a Wrongful Death Claim Covers
Arizona wrongful death (ARS §12-611) compensates the surviving family for losses they personally suffered: lost financial support, loss of companionship, funeral costs, pain and suffering. The damages flow to surviving spouse, children, parents, or estate per ARS §12-612.
What a Survival Action Covers
A survival action covers damages the deceased could have claimed if they had survived: pain and suffering experienced between injury and death, medical bills incurred, lost wages between injury and death. These damages flow to the deceased's estate, then distributed under the will or intestate succession.
Why Both Are Often Filed Together
When the deceased survived for any period after the injury (hours, days, weeks), the survival action picks up substantial damages — pain endured, medical costs, lost wages, mental anguish before death. The wrongful death claim covers what the family loses going forward.
Distribution Differs
Wrongful death proceeds go directly to the statutory beneficiaries. Survival action proceeds go to the estate first, then distribute under the will or intestate succession. This means the two streams may end up with different people.
Strategic Considerations
For instant deaths, the survival action damages are limited (no pre-death suffering or expenses). For deaths after extended treatment, the survival action can be the larger recovery. We evaluate both at the start.
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📞 Call 623-632-0959Frequently Asked Questions
Can both a wrongful death and survival action be filed in Arizona?
Yes. They are separate claims but typically filed together in a single lawsuit when the same incident caused both pre-death damages and the death.
Who pays funeral costs — the wrongful death or survival action?
Funeral costs are typically recovered through the wrongful death claim in Arizona. Final medical bills before death are recovered through the survival action.
Are punitive damages available in both?
Punitive damages can be available in either case if the underlying conduct meets the threshold (recklessness or intentional misconduct). Each claim is evaluated separately.
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 Is the Statute of Limitations for Wrongful Death in Arizona? →
- What Damages Can You Recover in an Arizona Wrongful Death Case? →
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.
