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Wrongful Death

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In Arizona, a wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

There are many types of accidents or circumstances that may give rise to a wrongful death case in Arizona. Common examples include:

  • Motor vehicle accidents
  • Boating accidents
  • Construction site accidents
  • Accidents caused by defective products
  • Death caused by medical negligence


In general, Arizona law provides for the following compensation:

  • Expenses incurred by the death of the victim (funeral, medical, etc.).
  • Loss of future earnings anticipated over the lifetime of the victim.
  • Benefits lost due to the victim’s death (medical insurance, pension, 401K, etc.).
  • Survivors pain, suffering and mental anguish caused by the victims death.
  • Companionship, care or protection lost to the survivors as a result of the death.

Who Can Bring A Wrongful Death Action in Arizona?

Arizona Statute 12-612 permits a wrongful death claim to be brought “on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent’s estate.”

Do you still have questions?  Call us today at (602) 685-1061 to speak to an attorney.