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Under ARS 12-612, the surviving spouse, children, or parents of the decedent, or the personal representative of the estate on their behalf. If none exist, the estate itself may bring the action. Siblings generally cannot sue unless they are the personal representative.
Under ARS 12-613: loss of financial support and services, loss of companionship and consortium, grief and anguish, medical and funeral expenses, and the decedent's pain and suffering before death (via a survival action). Damages are paid to statutory beneficiaries, not the estate.
Two years from the date of death under ARS 12-542. Claims against government defendants require a 180-day notice of claim under ARS 12-821.01. File immediately; evidence vanishes and witnesses scatter within months.
No. The Arizona Constitution (Article 2, Section 31) prohibits caps on damages in wrongful death and personal injury cases. Juries decide the amount without a statutory ceiling. Medical malpractice cases follow the same rule despite periodic legislative attempts.
Yes, where the defendant's conduct was intentional, malicious, or showed reckless disregard. Drunk driving, fleeing police, and commercial-trucker hours violations are typical fact patterns. Punitives require clear and convincing evidence and are not dischargeable in bankruptcy.