When someone dies because of another person’s negligence in Arizona, state law allows certain surviving family members the right to pursue two types of civil claims for damages: wrongful death and survival action. Both aim to provide families financial support and justice for their loss. Understanding Arizona wrongful death and survival action is the first step toward knowing what your family may be entitled to recover.
To help ease the uncertainty of what comes next, our Arizona wrongful death attorneys at Lerner and Rowe Injury Attorneys put together the following insights about how these claims work. You’ll also learn more about the benefits of having an experienced lawyer at your side to directly deal with insurance companies that might try to undercut the settlement amount of these types of high-value claims.
Arizona Wrongful Death and Survival Action Claims
Survival action and wrongful death are both types of personal injury claims. Both claims can arise from the same death, and understanding the difference between them can significantly affect how much compensation a family is able to recover, especially in a high-value claim where the losses are substantial.
Wrongful Death Claim (A.R.S. § 12-611)
Under Arizona law, certain family members are allowed to file a wrongful death claim to compensate for their losses. Only certain individuals are allowed to file the claim:
- Surviving spouse
- Children (including legally adopted children)
- Parents, if there is no surviving spouse or children
- The estate, if none of the above survive the decedent
Survival Action (A.R.S. § 14-3110)
A survival action claim allows for the estate to seek damages for losses during the time between the accident and death.
An example would be if someone were seriously injured in a car accident and spent two weeks in the ICU prior to their death. During those two weeks, that person experienced pain and suffering, ran up significant medical bills, and lost wages.
Both can usually be filed at the same time. Knowing that they are an option gives families the opportunity to pursue full financial recovery for a high-value claim.
Signs of a High-Value Arizona Wrongful Death or Survival Action Claim
Not every wrongful death or survival action case qualifies as a high-value claim. Your claim might be considered high-value if:
- The deceased was a high earner
- The deceased was young
- The deceased experienced suffering prior to their death, e.g., hours or days between injury and death
- The at-fault party engaged in gross negligence, recklessness, or intentional misconduct
- Multiple parties are found liable
- The at-fault party is a corporation, business, hospital, or government entity
An attorney will be able to review the facts of your case and determine if a high-value claim applies in your case. Recognizing the signs early matters—it affects how the case is investigated, documented, and presented. The difference between a thorough case and an incomplete one can be significant.
How a Lawyer Can Help You Fight for Your High-Value Claim
To file a successful personal injury claim, the negligence or recklessness of another must have directly caused the accident and subsequent death. When reviewing your claim, an Arizona personal injury attorney must prove that negligence or recklessness occurred.
Insurance companies often deny or underpay claims. High-value wrongful death and survival action cases can have a huge gap between what an insurer offers and what a family is entitled to. An experienced attorney can build that case and fight insurers who try to shift blame to avoid paying a high-dollar claim.
To do this, your attorney will:
- Review all evidence related to the accident
- Determine if the family can file both a wrongful death claim and a survival action claim
- Work with accident reconstructionists, medical experts, and financial analysts to document the full amount of losses
- Calculating the true amount of damages
- Negotiating with insurance companies and countering bad-faith tactics
What Damages Are Available for an Arizona Wrongful Death or Survival Action Claim?
In an Arizona wrongful death and survival action case, recoverable damages can include compensation from both claims. Potential compensation can include:
- Lost earnings
- Loss of consortium
- Funeral and burial expenses
- Pain and suffering
- Lost inheritance value
- Punitive damages
Arizona does not cap wrongful death damages, so the value of any given claim depends on the deceased’s age and earning capacity, the nature of the survivors’ losses, and the degree of the defendant’s negligence. Each of these factors plays a role in determining whether a case qualifies as a high-value claim.
Contact an Arizona Wrongful Death Attorney at Lerner and Rowe Today
Arizona wrongful death and survival action cases involve serious legal questions at an already difficult time. The personal injury lawyers at Lerner and Rowe Injury Attorneys are here to help with high-value wrongful death and survival action claims. We’ve won billions for clients nationwide and have earned hundreds of five-star reviews along the way.
Arizona’s statute of limitations for wrongful death claims is two years from the date of death, so don’t wait. Call (602) 667-7777 today. We work on contingency, so you won’t owe anything unless we recover compensation for you.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.