Wrongful Death Lawsuits in Arizona
Who can bring a wrongful death claim in Arizona, the deadline to file, and any limits on damages.
Short answer: The action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative, on behalf of the surviving spouse, children or parents (or the estate if none of them survive). Ariz. Rev. Stat. §§ 12-611, 12-612
| Who can sue for wrongful death | The action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative, on behalf of the surviving spouse, children or parents (or the estate if none of them survive). Either parent may sue for the death of a child. The recovery is divided among those family members in proportion to their damages. A person convicted of certain homicide or child-abuse offenses involving the death is disqualified. Re-verified 2026-10-27. |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years; the claim is treated as accruing at the date of death. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 12-542(2) |
| Damage caps | None. Arizona's Constitution says no law may limit the amount of damages for causing the death or injury of any person, and that the amount recovered for injuries is not subject to any statutory limitation. The only exception stated is that a crime victim cannot be sued by a person hurt while committing, attempting or fleeing a felony. Re-verified 2026-10-27. |
More Arizona personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Arizona
- Medical Malpractice Rules in Arizona
- Car Accident Claims in Arizona
- Dog Bite Liability in Arizona
- Motorcycle Accident Claims in Arizona
- Pedestrian Accident Claims in Arizona
- Bicycle Accident Claims in Arizona
- Uber and Lyft Accident Claims in Arizona
- Construction Site Injuries in Arizona
- All Arizona personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Arizona?
The action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative, on behalf of the surviving spouse, children or parents (or the estate if none of them survive). Either parent may sue for the death of a child. The recovery is divided among those family members in proportion to their damages. A person convicted of certain homicide or child-abuse offenses involving the death is disqualified.
How long do you have to file a wrongful death lawsuit in Arizona?
A wrongful death lawsuit must be filed within two years; the claim is treated as accruing at the date of death.
Does Arizona cap damages in personal injury cases?
None. Arizona's Constitution says no law may limit the amount of damages for causing the death or injury of any person, and that the amount recovered for injuries is not subject to any statutory limitation. The only exception stated is that a crime victim cannot be sued by a person hurt while committing, attempting or fleeing a felony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.