Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Arizona, wrongful death claims are governed by Arizona Revised Statutes Sections 12-611 to 12-613. These statutes allow the surviving spouse, children, parents, or the estate of the deceased person to file a wrongful death lawsuit. The claim must be based on the premise that the death was caused by a wrongful act, neglect, or default of another party. The damages that may be recovered include funeral expenses, loss of companionship, pain and suffering, and lost future income. The statute of limitations for filing a wrongful death claim in Arizona is generally two years from the date of death. However, specific circumstances can affect this time frame, so it is important to consult with an attorney to understand the relevant deadlines and legal requirements for a wrongful death claim in Arizona.