Who Can File a Wrongful Death Lawsuit in Arizona?

Losing someone suddenly is always devastating—but when that loss is caused by someone else’s negligence, it can feel even more painful. In Arizona, certain family members may have the right to file a wrongful death lawsuit to seek justice and compensation.

Knowing who is eligible and what a claim includes can help you understand your legal rights and take the next step toward healing.

Who Is Allowed to File in Arizona?

Under Arizona law, only specific people may file a wrongful death lawsuit. These include:

• The surviving spouse of the deceased

• The children of the deceased

• The parent or guardian of the deceased

• The personal representative of the estate, on behalf of these family members

If none of the above individuals are available, the personal representative of the estate can pursue the claim to benefit the estate or next of kin.

How Wrongful Death Differs From a Survival Action

Arizona law recognizes two types of civil actions after a death:

Wrongful death claims are filed by family members to recover for their own losses due to the death, such as loss of financial support, companionship, and emotional suffering.

Survival actions, on the other hand, are filed by the deceased person’s estate to recover for damages the person suffered before passing away—such as pain and suffering, medical bills, or lost wages during that period.

Both types of claims can sometimes be brought together, depending on the circumstances.

Damages Available in a Wrongful Death Claim

Arizona law allows eligible family members to recover both economic and non-economic damages. These may include:

• Funeral and burial expenses

• Loss of the deceased’s income or financial support

• Loss of care, guidance, and companionship

• Emotional pain and suffering

• Medical expenses related to the final injury or illness (if part of a survival action)

The specific damages depend on the relationship between the deceased and the person filing, as well as the nature of the loss.

Why Hire Fielding Law

Wrongful death cases are deeply emotional, legally complex, and time-sensitive. At Fielding Law, we help grieving families understand their rights and pursue fair compensation with compassion and care. Our team works with top experts to prove liability, calculate losses, and hold the responsible parties accountable.

If you have questions about who can file a wrongful death lawsuit in Arizona, let us guide you through every step.

Call Fielding Law at 833.88.SHARK for a free and confidential consultation.