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Wrongful Death vs Survival Action Claims in Arizona

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Posted on June 21, 2025 in

Arizona law allows some legal claims to continue even after a loved one in your immediate family dies because of the wrongful act of someone else. The two ways this can happen are through a wrongful death lawsuit or a claim under the Arizona Survival Statute.

These are distinct legal causes of action, and it is important to know the differences between them. In this article we discuss what a wrongful death claim is, what a survival action claim is, and how to tell them apart.

If you need to file a wrongful death lawsuit, please call Stone Rose Law at (480) 631-3025.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action. 

It allows surviving linear family members or the estate of a deceased person to recover damages against the responsible party for causing or contributing to the death of the deceased family member. 

The people who receive compensation in a wrongful death claim are the linear survivors of the decedent, for the harms they suffer because of another person’s death.

Arizona has a statute that defines what a wrongful death claim is: ARS 12-611

Its key considerations are:

  • The decedent’s death must have been caused by a wrongful act, or neglect, or default of another person.
  • The death would not have occurred but for such wrongful act, neglect, or default.
  • If the decedent had lived, that person would have had a legal cause of action against the person or legal entity that caused the death.

In a wrongful death action, qualifying surviving family members or the estate of the decedent can bring the legal claims that the decedent would have had against the party that committed the wrongful, fatal behavior.

Often, wrongful death claims are associated with negligence, like medical malpractice, but any kind of wrongful act will suffice. This includes reckless and even intentional behaviors.

Who Can File a Wrongful Death Claim?

In Arizona, the following individuals are proper plaintiffs in a wrongful death lawsuit:

  • The spouse of the decedent
  • Children of the decedent, including adopted children
  • A parent, guardian, or personal representative of the decedent

What Compensation Is Available for a Wrongful Death Claim?

The kinds of financial compensation that a wrongful death plaintiff can sue for are related to the economic and non-economic damages they suffered because of the death of their loved one. 

Common damages in wrongful death cases include:

  • Funeral expenses and burial costs
  • Medical expenses paid to treat the decedent because of the wrongful death-causing behavior
  • The value of the decedent’s future earnings he or she would have earned if that person had survived
  • Loss of household services, emotional support, parental companionship, love, affection, and consortium
  • Emotional pain, suffering, and mental anguish

Any amounts recovered as damages or settlement for a wrongful death action are distributed to the plaintiff beneficiaries in proportion to their damages.

What is the Statute of Limitations for a Wrongful Death Claim?

In Arizona, under ARS 13-542, you must file a wrongful death claim within two years from the date of the deceased’s death. However, if the tortfeasor/defendant is a government entity, then you only have 180 days to serve a Notice of Claim as required by Arizona law.

What Is a Survival Action?

A survival claim lawsuit is referred to as a “survival” action because it is based on legal claims the decedent would have had had the decedent survived the incident. Often, a survival action is a continuation of a lawsuit filed before the decedent died.

The Arizona statute that provides for survival actions is ARS 14-3110. The personal estate of the decedent effectively “inherits” these legal claims on behalf of the decedent.

A noteworthy aspect of a survival action lawsuit is that if the person responsible for causing your loved one’s death dies as well, the estate of the wrongdoer can still be sued by the estate of your deceased family member.

Who Can File a Survival Action?

The proper plaintiff in an Arizona survival action is the deceased individual’s estate through the estate’s personal representative or administrator. 

A surviving family member can bring a survival action if that person is acting as the estate’s personal representative.

What Compensation Is Available in a Survival Action?

A survival action seeks compensation for losses the decedent suffered, like in a personal injury lawsuit, and not damages for surviving family members. This is a key distinction between a wrongful death claim and a survival action.

Common kinds of damages the deceased’s estate seeks in a survival action lawsuit include:

  • Medical bills the decedent incurred before death
  • Property damage compensation
  • Lost wages that the deceased would have earned
  • Punitive damages, if applicable
  • Funeral expenses and burial costs

The Arizona statute bars recovery of pain and suffering damages in a survival action claim. This is another distinction between a wrongful death claim and a survival action.

Key Differences Between Wrongful Death and Survival Actions

An infographic comparing wrongful death cases and survival action cases.

The main difference between a wrongful death suit as opposed to a survival action claim is who the proper plaintiff is.

  • Qualifying surviving family members are the usual plaintiffs in a wrongful death claim. In some cases, when a surviving family member does not bring a wrongful death lawsuit, the decedent’s estate can do so.
  • The estate of the decedent is the proper plaintiff in a survival action.

A second key difference is the kind of damages the plaintiffs seek.

  • In a wrongful death action, the plaintiffs seek compensation for the damages they have suffered because of the death of the decedent. This includes pain and suffering damages.
  • In a survival action, the deceased person’s estate seeks compensation for losses the decedent suffered before that individual’s death. In Arizona, this does not include pain and suffering damages.

A third key difference is who is entitled to compensation.

  • In a wrongful death action, the surviving family member plaintiffs receive damages in proportion to the harm they have suffered.
  • In a survival action lawsuit, the estate receives any damages awarded or settlement payout. Surviving family members may be the ultimate recipients of sums awarded, but they receive these amounts as distributions from the estate, not from the defendant in the lawsuit.

A fourth key difference is whether creditors of the decedent can make claims against a judgment award.

  • Because a wrongful death award is made to the surviving family members instead of to the estate of the decedent, award sums are not subject to claims of the decedent’s creditors.
  • Creditors of the decedent may be able to make claims against a survival claim award.

Survival actions and wrongful death actions are not mutually exclusive. The death of a loved one can give rise to both causes of action, but any judgment award or settlement amount will pay only once for a given kind of damages.

For example, a wrongful death lawsuit may claim funeral costs and burial expenses, and a parallel survival action may claim them as well. But the defendant will not be liable to pay those expenses in both claims.

Have You Lost a Loved One Because of Someone Else’s Wrongful Act?

A wrongful death or survival action judgment award or negotiated settlement can never make up for the loss of your loved one. Still, it can help provide your family with some financial security.

To find out whether you can seek damages in a wrongful death claim or whether the estate of your deceased loved one has a survival action claim against a negligent party, call the Stone Rose Law at (480) 631-3025

Our personal injury legal team has a proven track record in legal actions involving wrongful death or survival claims. We can give you the professional guidance you need to understand your legal options as a possible plaintiff and to know if a wrongful death action or survival action is best for you.