When you lose someone you love due to another person’s negligence or wrongful actions, the grief can feel overwhelming. While nothing can bring back your loved one, Arizona law provides a way for certain family members to seek justice and financial compensation through a wrongful death claim. But who exactly has the legal right to file such a claim in Arizona? The answer isn’t always straightforward, and understanding these rules is crucial for protecting your family’s rights during an already difficult time.
At Phoenix Accident and Injury Law Firm, we’ve helped hundreds of families navigate wrongful death claims over our 15+ years of practice. We understand that these cases involve much more than legal technicalities—they’re about honoring your loved one’s memory and ensuring your family’s financial security. Let’s walk through everything you need to know about who can file a wrongful death claim in Arizona.
Understanding Arizona’s Wrongful Death Law
Arizona’s wrongful death statute, found in Arizona Revised Statutes sections 12-611 and 12-612, defines wrongful death as occurring when someone dies due to “a wrongful act, neglect or default” that would have entitled the deceased person to file a personal injury lawsuit if they had survived. This means that if your loved one could have sued for their injuries while alive, their death may give rise to a wrongful death claim.
The key principle behind Arizona’s wrongful death law is that certain close family members shouldn’t have to bear the financial and emotional consequences of someone else’s negligent or intentional actions. These laws exist to provide both justice and practical support when families lose a primary breadwinner, caregiver, or loved one.
Who Can File a Wrongful Death Claim in Arizona?
Under Arizona Revised Statute 12-612, only specific people are legally permitted to file a wrongful death lawsuit. The law is quite specific about this, limiting claims to what are called “statutory beneficiaries.” Here’s who can file:
1. Surviving Spouse
The surviving husband or wife has the primary right to file a wrongful death claim in Arizona. This applies to legally married spouses, including same-sex married couples, as marriage equality has been recognized in Arizona since October 2014.
It’s important to note that this right belongs only to legal spouses. Arizona does not recognize common law marriage, and domestic partnerships—even long-term committed relationships—do not grant the same legal rights as marriage when it comes to wrongful death claims. Even if you lived with your partner for decades and shared everything, without a marriage certificate, you cannot file a wrongful death claim as a surviving spouse.
2. Children of the Deceased
Any child of the deceased person can file a wrongful death claim. This includes both natural (biological) children and legally adopted children. There’s no age limit for adult children—a 50-year-old can file a claim for their deceased parent just as much as a minor child can.
The law recognizes that children often depend on their parents financially and emotionally, regardless of age. Adult children who relied on their parents for support, or who would have inherited from their parents, have standing to bring wrongful death claims.
3. Parents of the Deceased
The parents of a deceased person can file wrongful death claims. This includes natural parents, adoptive parents, and legal guardians. Particularly heartbreaking are cases involving the death of a child, where either parent may maintain the action for the wrongful death of their child, including an unborn fetus.
Parents don’t lose their right to file a claim just because their child was an adult. The law recognizes the unique and irreplaceable bond between parents and children, regardless of the child’s age at the time of death.
4. Legal Guardians
If the deceased person was under a legal guardianship, the guardian may maintain the action for the death of their ward. This typically applies in cases involving minors or adults with disabilities who were under court-appointed guardianship.
5. Personal Representative of the Estate
Perhaps the most complex category involves the personal representative (sometimes called an executor in other states) of the deceased person’s estate. The personal representative can file a wrongful death claim on behalf of surviving spouses, children, or parents, or if none of these survive, on behalf of the deceased’s estate.
This is an important distinction. The personal representative doesn’t file the claim for themselves—they file it on behalf of the eligible family members or the estate. According to Arizona law, any person to whom letters testamentary or of administration are granted by competent authority can serve as personal representative, and they may maintain the wrongful death action without needing additional authorization.
Who Cannot File Wrongful Death Claims in Arizona?
Understanding who can’t file is just as important as knowing who can. Arizona law specifically excludes several categories of people who, while they may have been close to the deceased, don’t have legal standing to file wrongful death claims:
Domestic Partners and Unmarried Couples
Arizona excludes domestic partners and same-sex partners who aren’t legally married from filing wrongful death suits. While Arizona recognizes domestic partnerships for limited purposes (like healthcare decisions), these relationships don’t automatically extend the same rights as marriage.
This can be particularly difficult for couples who chose not to marry but lived together for years or decades. Under Arizona law, unmarried couples are treated essentially as strangers in the event of death, even if they were together for multiple decades. The only way for same-sex or opposite-sex couples to have wrongful death rights is through legal marriage.
Extended Family Members
Siblings, grandparents, aunts, uncles, cousins, and other extended family members generally cannot file wrongful death claims, even if they were close to the deceased or financially dependent on them. These groups are often not regarded as high on the hierarchy of inheritance laws and this carries over into wrongful death cases.
Close Friends
No matter how close friends were to the deceased—even if they considered each other family—friends have no legal standing to file wrongful death claims in Arizona.
Stepchildren (Without Legal Adoption)
Stepchildren who were never legally adopted by the deceased stepparent typically cannot file wrongful death claims. Only legal parent-child relationships, whether biological or through adoption, grant standing to file.
Special Situations and Considerations
When No Eligible Family Members Survive
If there are no surviving spouses, children, or parents, the personal representative may file a wrongful death claim on behalf of the deceased’s estate. In these cases, any compensation awarded becomes an asset of the estate and would be distributed according to the deceased’s will or Arizona’s intestate succession laws.
Disqualification for Criminal Conduct
Arizona law includes an important moral clause: if any eligible party is found guilty of, or pleads guilty or no contest to, certain crimes involving the death of the deceased person—including child abuse or murder—they are disqualified from filing or benefiting from a wrongful death claim. This prevents people from profiting from their own criminal actions.
Multiple Eligible Parties
Often, several people may have the right to file a wrongful death claim—for example, both a surviving spouse and adult children. In these situations, any eligible party can file, but Arizona law provides that compensation is allocated to survivors according to the “proportion of damages” as determined by the court.
The court takes into account the proportion of damages that each individual has been subjected to and makes the determination based on this proportion. Children of the deceased, particularly dependents, are more likely to get a higher percentage of the settlement due to their financial dependency on their lost parent.
The Role of the Personal Representative
The personal representative plays a unique role in Arizona wrongful death cases. This person is appointed by the probate court to handle the deceased’s estate, but they also have the authority to file wrongful death claims.
Who Can Serve as Personal Representative?
Arizona law establishes a priority order for who may apply for appointment as personal representative: first, a person named in the will; then the surviving spouse who receives property under the will; followed by other beneficiaries who receive property under the will; then the surviving spouse if there’s no will; then other heirs.
Personal Representative vs. Individual Claims
There’s an important distinction between wrongful death claims filed by individual family members and those filed by personal representatives. When eligible family members file individually, they’re seeking compensation for their own losses. When a personal representative files, they’re seeking compensation either on behalf of the eligible family members or on behalf of the estate if no eligible family members survive.
Survival Actions vs. Wrongful Death Claims
It’s worth understanding that Arizona recognizes two related but distinct types of legal actions following someone’s death: wrongful death claims and survival actions.
Wrongful death claims seek compensation for the losses suffered by surviving family members due to their loved one’s death. Survival actions, governed by Arizona Revised Statute 14-3110, can be used to hold defendants liable for the deceased person’s medical bills, lost income, and related losses from the time of the accident until death.
Survival actions can also recover funeral expenses, but compensation for the deceased’s pre-death pain and suffering is specifically excluded under Arizona law. These actions are typically filed by the personal representative of the estate.
Time Limits: The Two-Year Statute of Limitations
Arizona wrongful death claims must be filed within two years of the date of the deceased person’s death. This deadline is strict, and if the claim is not filed within the two-year period, the court will likely dismiss the case, and you will lose your opportunity to pursue justice and damages.
It’s important to note that the two-year time requirement doesn’t begin until the person actually passes away. For example, if someone is injured in an accident but lives for three years before passing away from those injuries, eligible parties still have two full years from the date of death to file a wrongful death lawsuit.
Special Rules for Government Entities
If a government entity (such as a school district, municipality, or the state of Arizona) was involved in the death, special timing requirements apply. A “Notice of Claim” must be filed within 180 days, and a lawsuit must be initiated within one year after the cause of action accrues. These shorter deadlines make it even more crucial to seek legal advice immediately if government negligence may have contributed to your loved one’s death.
Why Legal Representation Matters
Wrongful death cases involve complex legal and procedural requirements. From determining who has standing to file, to proving liability, to calculating damages, these cases require careful navigation of Arizona law.
At Phoenix Accident and Injury Law Firm, we understand that every family situation is unique. We’ve seen cases where multiple family members had standing to file, cases where determining the proper personal representative was complicated, and cases where families didn’t realize they had rights until time was running short.
Our Approach
We take a comprehensive approach to wrongful death cases:
- Immediate Assessment: We quickly determine who has standing to file and what deadlines apply
- Thorough Investigation: We investigate the circumstances of your loved one’s death to build the strongest possible case
- Family Coordination: When multiple family members are involved, we help coordinate their interests and ensure everyone’s rights are protected
- Comprehensive Damages: We work to recover all available damages, including economic losses, pain and suffering, and loss of companionship
Common Questions About Filing Rights
“My partner and I weren’t married, but we were together for 20 years. Can I file?”
Unfortunately, no. Arizona law requires legal marriage for spousal wrongful death rights. However, if you have children together, the children would have standing to file. Additionally, if your partner named you in their will or as personal representative, you might be able to file on behalf of eligible family members or the estate.
“I’m estranged from my adult child who died. Can I still file?”
Yes. Legal relationships, not emotional ones, determine standing to file wrongful death claims. Even if you hadn’t spoken to your adult child in years, as their parent, you have the legal right to file a wrongful death claim.
“My stepchild lived with us for 15 years. Can I file as their stepparent?”
Generally, no, unless you legally adopted your stepchild. Arizona law recognizes legal parent-child relationships, not emotional ones, for wrongful death purposes.
“Multiple family members want to file. What happens?”
Any eligible family member can file, but it’s usually more efficient for one party to file on behalf of all eligible parties, or for the personal representative to file on behalf of everyone. The court will ultimately determine how any compensation is distributed among eligible parties.
What Damages Can Be Recovered?
Arizona has no cap on wrongful death damages, meaning there’s no limit on how much compensation you can potentially receive. Recoverable damages typically include:
Economic Damages
- Lost income and earning capacity
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of financial support
- Loss of inheritance
Non-Economic Damages
- Pain and suffering of family members
- Loss of companionship and consortium
- Loss of guidance and nurturing (particularly in cases involving deceased parents)
- Mental anguish and grief
The distribution of damages depends on who files the claim. If the personal representative files on behalf of family members, compensation is allocated according to each person’s proportionate damages. If they file on behalf of the estate, the compensation becomes an asset of the estate.
Moving Forward After Loss
Losing a loved one due to someone else’s negligence creates a devastating combination of grief and financial uncertainty. While no amount of money can replace your loved one, a wrongful death claim can provide crucial financial support and a sense that justice has been served.
The most important thing is to act quickly. The two-year statute of limitations might seem like a long time when you’re grieving, but wrongful death cases require extensive investigation and preparation. Evidence can disappear, witnesses’ memories can fade, and important deadlines can be missed.
At Phoenix Accident and Injury Law Firm, we’ve been helping Arizona families through wrongful death claims for over 15 years. We understand the emotional weight of these cases and the practical importance of securing your family’s financial future. Our founder, Christy Thompson, has dedicated her career to fighting for families when they need it most.
We work on a contingency fee basis, which means you pay nothing unless we win your case. We’ll handle all the legal complexities while you focus on healing and remembering your loved one.
If you’ve lost someone due to another person’s negligence or wrongful actions, don’t wait to learn about your rights. Contact Phoenix Accident and Injury Law Firm today at (480) 725-4799 for a free consultation. We’ll help you understand whether you have standing to file a wrongful death claim and what steps you need to take to protect your family’s rights.
Time is limited, but justice doesn’t have to be. Let us fight for your family when you need it most.
