Wrongful Death

A wrongful death claim is a civil case that a family can bring when a person dies because of another party's wrongful act, neglect or default. It does not put a price on a life. It asks whether someone failed in a legal duty and what the death has taken from the people left behind. Not every sudden or unexpected death supports a claim, and the rules on who may file, what may be recovered and how long families have differ from state to state. A wrongful death lawyer can help a family sort out which of those rules apply and what the records show.

When a death may lead to a wrongful death claim

Arizona's wrongful death statute builds on an ordinary injury claim. If the person who died could have sued for the injury had they lived, the party who would have been liable may be liable to an action for damages after the death1. In other words, the family has to show the same things an injured person would: a duty, a failure to meet it, and a link between that failure and the death.

Deaths from injuries are common. CDC mortality data list 197,449 unintentional injury deaths in the United States in 2024, including 41,241 motor vehicle traffic deaths and 48,308 deaths from unintentional falls12. Most of those deaths will never lead to a lawsuit, and many should not. The families who contact us usually describe circumstances like these:

• A vehicle crash involving a car, truck, motorcycle, rideshare or a person on foot
• A fall or other incident on property that was not kept reasonably safe
• A product that failed or lacked a needed warning
• Neglect in a nursing home or other care setting
• A workplace or construction incident involving someone other than the employer
• A drowning at a pool or other supervised place
• An assault where a property's security may have been inadequate

Each of these can also happen with no one at fault. A claim depends on what the evidence shows about the conduct of a person or company, not on how the death happened. Many of these situations have their own pages, including truck accidents, premises liability and nursing home neglect.

How a wrongful death affects a family

Grief comes first, and it does not follow a schedule. MedlinePlus describes grief as a normal reaction to loss that can be mental, physical, social or emotional, and notes that it can affect sleep and appetite13. A sudden death can bring added strain, because there was no time to prepare.

Families also face practical changes, often all at once:

• Loss of a paycheck or other financial support the household relied on
• Loss of care, help around the home, or help raising children
• Loss of a parent's guidance, or of a child's love and companionship
• Medical bills from the final injury or illness
• Funeral and burial costs
• Time away from work to handle the estate and other affairs

Not every family experiences every loss, and the law does not treat all of them the same way in every state. Some losses may belong to the survivors' wrongful death claim, while others may belong to the estate. The next sections explain why that difference matters.

Proving responsibility in a wrongful death lawsuit

A wrongful death lawsuit asks the same core questions as any negligence case. Did the person or company owe a duty of care? Did they fall short of it? Did that failure cause the death, as opposed to an illness, an unrelated event or something no one could have prevented? The answers usually come from records and from people with the right expertise, such as crash reconstruction specialists or doctors who review the medical chart.

Families deserve clear answers about how a loved one died, whether or not those answers lead to a claim.

How Arizona wrongful death law works

Arizona is one example. Its statutes are short, but each sentence matters. Other states name different family members, measure damages differently and set different deadlines.

Arizona wrongful death rules at a glance

Who files

The action is brought by and in the name of the surviving spouse, a child, a parent or guardian, or the personal representative of the person who died2.

Who it is for

The action is brought on behalf of the surviving spouse, children or parents. If none of them survive, it is brought on behalf of the estate2.

Not every relative

The statute names spouses, children and parents. It does not list brothers, sisters, grandparents or other relatives as people the action is brought for2.

Sharing a recovery

Any recovery is divided among those survivors in proportion to their damages. A recovery on behalf of the estate becomes an estate asset2.

How damages are measured

The jury awards damages it finds fair and just for the injury the death caused the survivors, considering any mitigating or aggravating circumstances of the wrongful act3.

Debts of the person who died

A recovery is not subject to the decedent's debts, unless the action is brought on behalf of the estate3.

Disqualification

A beneficiary found guilty of, or who pleads guilty or no contest to, certain homicide offenses or child abuse involving the death is treated as having died first and cannot recover2.

Because one family member's filing is for the benefit of others too, families often need to talk with each other early about who will bring the case. A lawyer can explain how the statute applies to your family's situation.

Wrongful death compared with survival, estate and criminal cases

Families are often dealing with several legal processes at the same time. They are related, but they are not the same thing.

• Wrongful death claim: A civil claim for the losses the death caused the survivors, brought under the wrongful death statute12.
• Survival claim: The claim the person who died already had before death, which in Arizona survives and may be brought by the personal representative4. Arizona does not allow damages for the injured person's own pain and suffering in that claim after death4.
• Estate proceeding: A probate case to manage the decedent's property. To act as personal representative, a person must be appointed by the court or registrar and issued letters5.
• Criminal case: A prosecution by the government, which must prove guilt beyond a reasonable doubt. Civil claims use the lower preponderance standard, which asks whether a claim is more likely true than not10.

A criminal conviction is not required for a civil claim. Arizona's statute says the civil liability exists even when the death happened under circumstances that amount in law to murder or manslaughter1. If there is a criminal case, it may also lead to restitution, which is a court-ordered payment by a convicted person to the victim11. Arizona also runs county-based crime victim compensation programs that may help with costs such as funeral and burial expenses and counseling, subject to eligibility rules11. These are separate from a civil claim.

Who may be responsible

Responsibility is never presumed. Depending on the facts, a wrongful death claim might involve:

• A driver, and in some cases the driver's employer or the vehicle owner
• A trucking or transportation company
• A property owner, landlord or manager
• A product manufacturer, distributor or seller
• A nursing home, assisted living facility or other care provider
• A contractor or other company at a work site
• A city, county or state agency, subject to special notice rules

More than one party may share responsibility, and insurance coverage may come from several sources. When a crash is involved, our pages on car accidents and pedestrian accidents explain the questions those cases raise.

Records that help a wrongful death claim

Families do not need to gather everything before reaching out. Many records can be requested later. Still, some evidence, such as video or a damaged vehicle, may not last, so it helps to know what matters.

Documents and evidence to keep

About the death

• Certified death certificate
• Autopsy or medical examiner report, if one was done
• Hospital, ambulance and treatment records
• Police, incident or accident reports
• Photos, video and names of witnesses

About the family

• Marriage certificate
• Birth or adoption records for children
• Guardianship papers, if any
• Letters of appointment for the personal representative

About financial losses

• Tax returns, pay stubs and benefit records
• Medical, funeral and burial bills
• Insurance policies and any letters from insurers
• Records of household help or care the person provided

When to talk to a wrongful death lawyer

There is no right moment to think about a lawsuit while grieving, and many families wait until the funeral is over. It may help to talk with a wrongful death lawyer sooner when:

• An insurer is calling or asking for a recorded statement
• A company or agency may be involved, which can shorten deadlines
• Evidence such as video, vehicles or equipment could be lost
• Family members disagree about who should bring the claim
• No estate has been opened and a personal representative may be needed
• There is a criminal case and you want to understand how it relates to a civil claim

A claim review looks at how the death happened, which state's law applies, who may bring the case, which losses the law may allow, and how much time is left. The Arizona personal injury overview describes the broader process.

Filing deadlines for a wrongful death lawsuit

Every state limits the time to file, and the limits differ. In Arizona, a lawsuit for injuries that result in death generally must be filed within two years, and the claim is considered to accrue at the death6. Exceptions can change the timing in some cases.

Claims against a public entity or public employee follow shorter rules. A written notice of claim generally must be filed within 180 days after the cause of action accrues, with facts supporting liability and a specific amount for which the claim can be settled8. The lawsuit itself generally must be filed within one year7. A survival claim and any estate proceeding may have their own timing requirements.

These deadlines can pass while a family is still grieving. Reaching out early does not commit you to anything, and it can protect your options.

Tell Us Your Story →

What happens after you contact CBW Law

How a wrongful death review works

1. We listen

   Tell us about your loved one and what happened, at whatever pace feels right. You do not need every detail or document.

2. We look at the records

   We review what you have, such as reports and medical records, and identify what else may need to be requested or preserved.

3. We explain who may bring a claim

   We look at which state's law applies, which family members it names, whether a personal representative is needed, and what deadlines may apply.

4. We tell you what we think

   We explain honestly what the evidence suggests and whether we can help. If we cannot, we will say so.

Plain English

Medical, Health & Insurance

Death records, probate papers and insurance letters use terms most families have never needed before. These come up often after a wrongful death.

Medical and record terms

Death certificate

The official record of a death, including the cause and manner of death. Certified copies are requested from a vital records office.

Cause of death

The disease or injury that led to the death, as listed on the death certificate.

Manner of death

A category such as accident, natural, homicide or suicide recorded on the death certificate. It does not decide civil liability.

Autopsy

A medical examination after death to find or confirm the cause of death.

Legal and estate terms

Personal representative

The person appointed to manage an estate. In Arizona, the term includes anyone granted letters testamentary or of administration2.

Letters

The court or registrar document that gives a personal representative authority to act5.

Survival claim

The claim the person had before death, which continues after death and is brought by the personal representative4.

Beneficiary

A person a wrongful death action is brought for. In Arizona, the surviving spouse, children or parents, or the estate if none survive2.

Restitution

Money a criminal court orders a convicted person to pay the victim. It is separate from a civil claim11.

Insurance and billing terms

Liability insurance

Insurance that pays for harm the policyholder is legally responsible for causing to others.

Life insurance

A policy that pays a named beneficiary after a death. It is usually separate from any claim against the party at fault.

Lien

A claim by a hospital, health plan or government program to be repaid from a recovery for bills it paid.

Release

A signed document giving up claims, often in exchange for a payment. It should be reviewed carefully before signing.

Questions

Frequently asked wrongful death questions

Short answers to questions families ask us first.

Who can file a wrongful death lawsuit in Arizona?

Arizona's statute says the action is brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the person who died2. It is brought on behalf of the surviving spouse, children or parents, or on behalf of the estate if none of them survive2. Other states set different rules.

Can a brother, sister or grandparent bring a claim?

Arizona's wrongful death statute does not name siblings or grandparents among the people the action is brought for2. That does not mean there is nothing to discuss, since estate and other claims can involve different people. Rules in other states also differ, so a wrongful death attorney should review your family's situation.

Does there have to be a criminal conviction?

No. A civil claim does not depend on a criminal case, and Arizona's statute allows civil liability even when the death amounts in law to murder or manslaughter1. Civil cases also use a lower standard of proof than criminal cases10. A criminal case can still produce useful records.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim is for the losses the death caused the survivors3. A survival claim is the claim the person who died already had, which continues after death and is brought by the personal representative4. In Arizona, the survival claim does not allow damages for the person's own pain and suffering4.

Do I need to open an estate?

Not always for the wrongful death claim itself, since a spouse, child or parent can bring it in Arizona2. A personal representative, appointed through the court or registrar, is usually needed to bring a survival claim or manage estate property45. A lawyer can explain which steps your situation needs.

How is a wrongful death recovery divided?

In Arizona, a recovery is divided among the surviving spouse, children or parents in proportion to their damages. If the recovery is on behalf of the estate, it becomes an asset of the estate2. Other states use different rules, and some require court approval.

Will a recovery go to pay my loved one's debts?

Under Arizona's statute, a wrongful death recovery is not subject to the debts or liabilities of the person who died, unless the action is brought on behalf of the estate3. Liens for medical bills paid by insurers or public programs can raise separate questions.

How long do we have to file?

In Arizona, generally two years from the date of death for a wrongful death lawsuit6. If a public entity or employee may be responsible, a notice of claim is generally due within 180 days and the lawsuit within one year78. Other states differ, and exceptions can apply.

What if my loved one was partly at fault?

Arizona uses comparative fault. A finding that the person who died was partly at fault does not bar the claim, but it reduces damages in proportion to that share of fault9. Some other states bar or limit recovery when the injured person's share of fault is high enough.

What is a wrongful death case worth?

No one can responsibly put a number on a case at the start, and no amount measures the value of a life. Arizona leaves damages to a jury's judgment of what is fair and just for the survivors' loss3. A review can explain which kinds of losses the law may consider.

Tell Us Your Story

A wrongful death claim is a civil case about whether another party's wrongful conduct caused a death, and what that loss has meant for the family. Who may bring it, what it may include and how long you have depend on the law that applies.

When you are ready, CBW Law can listen, review the records with you and explain your options. We will be honest about what we find and whether we can help.

Tell Us Your Story →Call (800) 476-2416

This page is general information about wrongful death. It is not legal or medical advice and does not create an attorney-client relationship. An accident, an injury or a loss does not, by itself, establish that anyone was negligent or legally responsible, and the law differs from state to state. No outcome can be promised in any case.