In Arizona, there are two different claims when a person dies through the negligence of another.  The first claim is called wrongful death, and the second claim is called a survival claim. 

The survival action and the wrongful death action are two separate and distinct actions.  The survival action permits recovery for the wrong the injured person suffered and is limited to his personal loss.  On the other hand, the wrongful death action is for the wrong to the decedent's beneficiaries, and is confined to their loss because of his death. 

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or other entity.

A.R.S. § 12-612 lists the parties and beneficiaries to a wrongful death action.  The parties that can act as plaintiffs in a wrongful death action are the surviving husband or wife of the decedent or the personal representative of the deceased. In addition, either parent may maintain an action for the death of a child.

In Arizona, the decedent's pain and suffering prior to his death is not recoverable in a wrongful death action. But the decedent's survivors are entitled to damages for personal anguish, sorrow, mental suffering, and pain and shock caused by the death of the decedent.

In Arizona, the current recommended jury instructions list the elements of damages that may be recovered in a wrongful death action. A jury may award an amount to compensate a plaintiff and the decedent's beneficiaries for the following:

1. The loss of love, affection, companionship, care, protection, and guidance since the death [of the decedent] and in the future.
2. The pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced, and reasonably probable to be experienced in the future.
3. The income and services that have already been lost as a result of the death, and that are reasonably probable to be lost in the future.
4. The reasonable expenses of funeral and burial.
5. The reasonable expenses of necessary medical care and services for the injuries that resulted in the death.

RAJI (Civil) 2d, Personal Injury Damages 3

In addition to damages for wrongful death, you may be able to recover damages for personal injury to the decedent. These are called "survival actions," since the personal injury action survives the person who suffered the injury.  A survival action depends on the existence of a cause of action that the decedent would have had if he or she had survived.

One drawback of wrongful death actions is that the defendant can raise the same defenses he could raise against the decedent directly against the beneficiaries.  In other words, as far as defenses go, the beneficiaries step into the shoes of the decedent.  Further, unlike typical comparative fault principles, in Arizona, if a beneficiary is partially at fault for the accident, that bars that beneficiary from recovery.  But a beneficiary who is not at fault can still recover.

If a loved one in your family has suffered the result of a wrongful death, please contact us today to get the help you deserve.