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Under current laws, legal surviving spouses, children, and parents of the deceased may initiate the claims process for recovery. If the family does not file a claim within three months of a loved one's death, an estate representative may also file a wrongful death claim.
A survival claim is a claim made on behalf of the deceased individual as if they were still living. A wrongful death claim is made on behalf of the deceased's family for their own damages due to the loss of their loved one.
Only certain parties are eligible to sue for wrongful death under Arizona law. You can file a wrongful death lawsuit in Arizona if you are a surviving spouse, child, parent, or guardian of the deceased.
The statute of limitations in Arizona is set at two years for all personal injury claims.
A. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.