Who May Bring A Wrongful Death Claim?
A.R.S. § 12-612 defines who may bring forward a wrongful death cause of action:
- 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.
- Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian’s ward.
The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A in proportion to their damages, and if recovery is on behalf of the decedent’s estate the amount shall be an asset of the estate.
For the purposes of subsection A, “personal representative” includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law.
