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A Death Somebody Caused

A.R.S. 12-612 — a spouse, child, parent or the personal representative sues for the family

In Arizona, when a death is caused by a wrongful act, neglect or default that would have let the injured person sue had they lived, the person or corporation that would have been liable is liable to an action for damages, even where the death amounts in law to murder or manslaughter.

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Who brings it, and for whom. The surviving husband or wife, a child, a parent or guardian, or the personal representative brings the action for the surviving spouse, children or parents, or, if none of them survive, for the estate. Either parent may sue for the death of a child.

Damages. What the jury finds fair and just for the injury the death caused to the survivors, having regard to the mitigating or aggravating circumstances of the wrongful act. The recovery is not subject to the decedent's debts unless brought on behalf of the estate.

Disqualified. A party convicted of, or pleading guilty or no contest to, the homicide or child abuse offenses the section lists in the decedent's death is treated as having died first and recovers nothing.

Two years from the death. An action for injuries done to a person when death ensues is brought within two years, and accrues at the death of the injured person.

The questionThe statute's answer
The questionWho filesThe statute's answerThe surviving spouse, a child, a parent or guardian, or the personal representative
The questionFor whomThe statute's answerThe surviving spouse, children or parents, or the estate if none survive
The questionHow longThe statute's answerTwo years, accruing at the death

How the recovery is divided among the survivors in proportion to their damages, and claims against public entities, are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Arizona attorney.

Sources for this section (4)
  1. A.R.S. 12-611 — Liability
  2. A.R.S. 12-612 — Parties plaintiff; recovery; distribution; disqualification
  3. A.R.S. 12-613 — Measure of damages; nonliability for debts of decedent
  4. A.R.S. 12-542 — Two year limitation

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.

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