There is nothing a lawyer can do that brings someone back. What we can do is take the procedural weight off your family and hold the responsible party accountable in a forum designed for exactly that.
Wrongful-death litigation in Arizona is governed by a tightly drawn statutory framework that defines who may bring the claim, what damages are recoverable, and how proceeds are distributed among the beneficiaries. A.R.S. § 12-612 limits the universe of plaintiffs to the surviving spouse, children, parents, and — where none exists — the personal representative of the estate on behalf of statutory heirs. The right to sue does not pass to siblings, fiancés, or longtime partners outside marriage, regardless of the closeness of the relationship. We confirm the statutory standing question at the outset of every potential matter, because filing on behalf of the wrong party can extinguish the claim entirely once the two-year limitations period has run.
The damages recoverable in a wrongful-death action are categorically different from those in a personal-injury case. The decedent's own pain and suffering is recoverable only through a parallel survival action under A.R.S. § 14-3110, which requires opening the decedent's estate and prosecuting the claim in the name of the personal representative. The wrongful-death claim itself compensates the surviving beneficiaries for their own losses: loss of love, companionship, comfort, guidance, and counsel; loss of financial support; and the anguish, sorrow, and stress caused by the death. These categories are inherently more subjective than medical specials and lost wages, and they require the kind of trial preparation — day-in-the-life evidence, family testimony, and where appropriate economist opinion — that documents the loss with specificity.
The intersection with probate is unavoidable in most cases. When the decedent left a surviving spouse and minor children, the wrongful-death claim usually proceeds without a formal probate, but the proceeds must still be apportioned among the statutory beneficiaries — sometimes by agreement, sometimes by the court. When there is no spouse or child, the personal representative must be appointed by the probate court before the wrongful-death action can be filed at all. When there is a contested apportionment among beneficiaries with divergent interests, separate counsel may be required to protect each beneficiary's share. We coordinate the probate and the tort claim from a single office so the timelines align, the filings are consistent, and the family is not navigating two separate firms during the worst period of their lives.
At a glance
- Statutory beneficiaries under A.R.S. § 12-612.
- Survival actions for the decedent's own pre-death suffering.
- Punitive damages in cases of egregious conduct.
- Coordinated probate where required to open the estate.
Who may recover
Under A.R.S. § 12-612, a surviving spouse, children, parents, or guardian — and where none exist, the personal representative of the estate — may bring a claim.
What is recoverable
Loss of love, companionship, and guidance; pain and anguish of survivors; loss of financial support; funeral and burial costs; and, in egregious cases, punitive damages.
Survival actions
Damages the decedent could have recovered had they lived — pre-death pain and suffering, medical expenses, and lost income — pass to the estate under A.R.S. § 14-3110.
Common case types
Motor-vehicle fatalities, medical-negligence deaths, workplace and construction fatalities, premises hazards, and defective products.
Representative results
Past outcomes do not guarantee a future result. Details are generalized to preserve client confidentiality.
- Confidential resolution of a multi-vehicle freeway fatality where federal trucking regulations established liability.
- Settlement for the surviving children of a workplace fatality with a third-party contractor.
- Successful punitive-damages claim against a drunk driver in a Mesa neighborhood-street collision.
Common mistakes to avoid
- Signing carrier paperwork before probate is opened; settlement authority belongs to the personal representative.
- Posting on the decedent's social media accounts before counsel preserves the data.
- Cremating or releasing the vehicle before the experts have inspected both.
Fees
Contingency fee. Probate costs and expert fees are advanced by the firm and reconciled at settlement.
Governing law
- A.R.S. § 12-611
- Wrongful death — creation of the cause of action.
- A.R.S. § 12-612
- Parties who may bring suit.
- A.R.S. § 14-3110
- Survival of causes of action.
Citations are general references, not legal advice. Statutes are amended; consult counsel for the current text as it applies to your matter.
Wrongful Death by city
Each page below covers the local court, ZIP codes, neighborhoods, and the issues that come up most in that city.
Common questions
- How long do we have?
- Generally two years from the date of death. Earlier is always better for evidence.
- Do we need to open probate?
- Sometimes — particularly when there is no spouse, child, or parent, or when settlement proceeds must pass through the estate.
- Are the damages taxable?
- Compensatory wrongful-death damages are generally not taxable; punitive damages and interest typically are.
- Can we sue if a criminal case is pending?
- Yes. The civil case proceeds on its own track and on a lower burden of proof.