arizona Wrongful death ACTION vs. survival action

what is the difference between a wrongful death action and a survival action in arizona?

State law typically governs both wrongful death and survival actions.  In Arizona, wrongful death actions are authorized by statute (Arizona Revised Statutes ("A.R.S.") Sections 12-611 to 12-613), and survival actions are also authorized by statute (Arizona Revised Statute Section 14-3110).

Wrongful death and survival actions are separate lawsuits arising from the wrongful death of another.

The Arizona Supreme Court has described these:

• The [survival action] permits recovery for the wrong to the injured person and is confined to his personal loss while a [wrongful death action] is for the wrong to the beneficiaries, confined to their loss because of the death. The latter begins where the former ends and recovery on both is not a double recovery for a single wrong but rather separate recoveries for different wrongs.

There are two important differences between wrongful death and survival actions:  (1) who can file a lawsuit, and (2) the damages recoverable.

Who can file a wrongful death action in Arizona?
Certain surviving family members known as statutory beneficiaries are authorized to file a wrongful death lawsuit in Arizona. These include a surviving spouse, child, parent, guardian, or legal representative of the foregoing.   If there are no surviving beneficiaries, the estate of the deceased may file a wrongful death action.

Who can file a survival action in Arizona?

By contrast, the estate of the deceased is authorized to file a survival action.  The personal representative of the deceased’s estate typically files a survival action.

What damages are recoverable in wrongful death actions in Arizona?
In Arizona, wrongful death damages can include damages for loss of care, companionship, guidance and love, as well as consequent pain, grief, sorrow, anguish, mental suffering, shock, and stress caused by the wrongful death of a loved one.  An award of damages can vary based on the level of financial support provided by the deceased prior to death, such as financial support or household services and the dependency of the beneficiaries.

Wrongful death damages are not subject to debts or liabilities of the deceased.

What damages are recoverable in survival actions in Arizona?

In Arizona, survival action damages can include funeral and burial expenses, medical bills, the value of lost wages and benefits the deceased person would have earned from time of injury until death.  Pain and suffering by the decedent prior to death is not recoverable under state law, but could be available  for certain federal claims under certain circumstances.

Survival action damages can be subject to debts or liabilities of the deceased.

Speak to a knowledgeable wrongful death attorney.  If you have lost a loved one due to a wrongful act or neglect of another, it is important to speak with a knowledgeable attorney to learn the differences between wrongful death actions and survival actions, as well as the risks and benefits of each action.