Losing a family member because of someone else’s negligence is devastating on its own, before any legal process even begins. In Tucson, wrongful death claims follow Arizona’s statewide statute and, if a case doesn’t resolve, the Pima County Superior Court.
Who Arizona law allows to file
Arizona Revised Statutes §§ 12-611 through 12-613 govern wrongful death claims statewide. The law sets a strict order for who may bring the claim. A surviving spouse has first priority. Surviving children come next, followed by surviving parents or a legal guardian. If none of those relatives exist or are able to act, the deceased person’s estate can bring the claim instead. Only one named plaintiff represents the case, even when several eligible family members exist — the court can divide any recovery among them. Our full guide to who can file and what’s covered walks through this in more depth.
The filing deadline
Arizona gives eligible family members two years from the date of death, not the date of the original injury, to file a wrongful death claim. A separate 180-day notice-of-claim deadline applies first if a government entity is involved, such as a city vehicle or a public roadway defect. That deadline sits well ahead of the two-year window.
Where a Tucson case is filed
A wrongful death lawsuit gets filed in the Pima County Superior Court here, rather than Maricopa County. The underlying law doesn’t change based on county. Neither do the categories of damages a jury can consider: medical and funeral costs, lost future income, and the loss the surviving family has experienced.
The bottom line
Arizona’s wrongful death statute applies the same way in Tucson as anywhere else in the state. What’s local is the courthouse, not the law. The filing priority and two-year deadline are worth understanding even while a family is still absorbing the loss itself.
Frequently asked questions
Arizona law gives priority in order to a surviving spouse, then children, then parents or a legal guardian, and finally the estate.
Generally two years from the date of death, though a much shorter 180-day notice applies if a government entity is involved.
In the Pima County Superior Court rather than Maricopa County.
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Get MatchedKeep reading: Wrongful death claims in Arizona: who can file and what they cover · Filing a lawsuit in Pima County Superior Court · or browse all guides from Awesome Attorneys.
This article is general information about Arizona law, not legal advice, and reading it does not create an attorney–client relationship. We’re sorry for your loss — a licensed Arizona attorney can walk you through your family’s specific situation when you’re ready.