What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies due to another party’s negligent, reckless, or intentional conduct. It is separate from any criminal case—a wrongful death verdict is about financial compensation for the surviving family, not punishment of the defendant.
Arizona Wrongful Death Law: ARS § 12-611
Under ARS § 12-611, a wrongful death action may be brought when the death results from a wrongful act, neglect, or default that would have entitled the deceased to sue had they survived. Arizona law limits who can bring the claim:
- The surviving spouse
- A surviving child (including adult children)
- The surviving parent or guardian
- The personal representative of the estate, on behalf of all beneficiaries
The statute of limitations for wrongful death is two years from the date of death (ARS § 12-542). The claim belongs to the survivors, not the estate—meaning it does not go through probate and is not subject to the deceased’s creditors.
What Damages Can You Recover?
Arizona wrongful death damages fall into two categories:
- Economic: Lost income and financial support the deceased would have provided, funeral and burial costs, medical expenses related to the final injury or illness.
- Non-economic: Loss of companionship, love, affection, guidance, consortium. Arizona courts have allowed substantial non-economic awards in wrongful death cases.
Example Scenario
A father of two is killed in a highway collision caused by a distracted truck driver outside Tucson. His surviving spouse files a wrongful death claim under ARS § 12-611. The claim includes 25 years of lost earning capacity, loss of spousal companionship, and loss of parental guidance for the two minor children. The estate separately closes through probate; the wrongful death claim proceeds independently.
Frequently Asked Questions
Can siblings or grandchildren file a wrongful death claim in Arizona?
Generally, no—ARS § 12-612 limits standing to the spouse, children, parent, or estate representative. Siblings and grandchildren typically cannot file unless they were dependents and fall under a specific guardianship relationship. An attorney can assess whether any exception applies.
Is a wrongful death settlement taxable in Arizona?
Under federal tax law (IRC § 104), compensatory damages in a wrongful death case are generally not taxable income. Punitive damages, if awarded, are taxable. Consult a tax attorney or CPA for specifics to your situation.
Have questions about a wrongful death claim? Call Wood Injury Law at (623) 207-0000 for a free case review.