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.
B. 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.
C. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section 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.
D. If any party listed in subsection A of this section is found guilty of or guilty except insane for, or pled guilty or no contest to, a violation of section 13-3623 involving the death of the child decedent or a violation of section 13-1103, 13-1104 or 13-1105 involving the death of the decedent, the party is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits. This subsection applies to a person who is found guilty of or guilty except insane for, or pled guilty or no contest to, an offense committed in another jurisdiction that has the same elements of an offense listed in this subsection and that if committed in this state would be a violation of any of the offenses listed in this subsection.
E. For the purposes of subsection A of this section, "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.
Notes of Decisions
Cited in
126
cases (
25 in the last 5 years), 1958–2026 · leading case:
Watts v. State, 566 P.2d 693 (Ariz. Ct. App. 1977).
Watts v. State, 566 P.2d 693 (Ariz. Ct. App. 1977).
· cites it 36× “However, that complaint, as a result of apparent mistakes in drafting, was from plaintiffs' standpoint deficient in two respects: First, the wrongful death claims were not brought in the name of the personal representative of the decedent as required by our wrongful death…”
Lueck v. Superior Court, Cnty. of Cochise, 469 P.2d 68 (Ariz. 1970).
· cites it 44× “" The appellant, Southern Pacific Company, contends that a fair reading of A.R.S. § 12-612, subsec. C indicates a legislative intention to cut off the parents' right to sue when there are wife and children surviving, this being indicated by the fact that under the Arizona law…”
Wilmot v. Wilmot, 58 P.3d 507 (Ariz. 2002).
· cites it 12× “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,____ A.R.S. § 12-612(A) and (C) (1973). 1 The action was originally brought as “Connie I.”
Brown v. Sears, Roebuck & Co., 667 P.2d 750 (Ariz. Ct. App. 1983).
· cites it 14× “Brown, filed a complaint pursuant to A.R.S. § 12-612 relating to the death of her late husband, Mark McCormick Brown (Decedent), naming three defendants: Sears, Roebuck & Company (Sears), The Singer Company (Singer), and Coleman Cable and Wire Company (Coleman Cable).”
Jeter v. Mayo Clinic Arizona, 121 P.3d 1256 (Ariz. Ct. App. 2005).
· cites it 8× “In 2000, the Legislature amended A.R.S. § 12-612 to address who can be a party plaintiff for a child.”
Knauss v. DND Neffson Co., 963 P.2d 271 (Ariz. Ct. App. 1997).
· cites it 13× “Plaintiff challenges those rulings in this appeal. In their cross-appeal, the mall defendants contend the trial court should have dismissed the action because the personal *194 representative of decedent’s estate, rather than decedent’s father, is the only proper plaintiff under…”
Sedillo v. City of Flagstaff, 737 P.2d 1377 (Ariz. Ct. App. 1987).
· cites it 16× “That rule was abrogated effective January 1, 1978 and was replaced by rule 1, Arizona Rules of Civil Appellate Procedure.”
EDONNA v. Heckman, 253 P.3d 627 (Ariz. Ct. App. 2011).
· cites it 16× “The superior court ruled that Edonna was Edward’s child, and therefore was a proper person to bring a wrongful death claim under AR.S. § 12-612. We conclude that the legislature’s broad wording of AR.”
Vasquez v. State, 206 P.3d 753 (Ariz. Ct. App. 2008).
· cites it 6× “In the context of a wrongful death claim, the trier of fact is asked to "give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover.”
James v. State, 158 P.3d 905 (Ariz. Ct. App. 2007).
· cites it 6× “¶ 27 Seeking to avoid this conclusion, Burkhamer points to the Arizona statutes that create and define a wrongful death action and Arizona case law describing such actions.”
Quinonez on Behalf of Quinonez v. Andersen, 696 P.2d 1342 (Ariz. Ct. App. 1984).
· cites it 8× “Appellees urge that under A.R.S. § 12-612(C), it is not only the jury’s function to award damages, but also to apportion those damages among the persons who have a statutory right to participate in the award.”
Solomon v. Harman, 489 P.2d 236 (Ariz. 1971).
· cites it 13× “Accordingly, the statute provides as follows: “§ 12-612. Parties plaintiff; recovery; distribution “A.”
— Ariz. Rev. Stat. § 12-612(A) — 46 cases
Wilmot v. Wilmot, 58 P.3d 507 (Ariz. 2002).
“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,____ A.R.S. § 12-612(A) and (C) (1973). 1 The action was originally brought as “Connie I.”
Watts v. State, 566 P.2d 693 (Ariz. Ct. App. 1977).
“However, that complaint, as a result of apparent mistakes in drafting, was from plaintiffs' standpoint deficient in two respects: First, the wrongful death claims were not brought in the name of the personal representative of the decedent as required by our wrongful death…”
EDONNA v. Heckman, 253 P.3d 627 (Ariz. Ct. App. 2011).
“The superior court ruled that Edonna was Edward’s child, and therefore was a proper person to bring a wrongful death claim under AR.S. § 12-612. We conclude that the legislature’s broad wording of AR.”
— Ariz. Rev. Stat. § 12-612(B) — 3 cases
James v. State, 158 P.3d 905 (Ariz. Ct. App. 2007).
“¶ 27 Seeking to avoid this conclusion, Burkhamer points to the Arizona statutes that create and define a wrongful death action and Arizona case law describing such actions.”
Knauss v. DND Neffson Co., 963 P.2d 271 (Ariz. Ct. App. 1997).
“Plaintiff challenges those rulings in this appeal. In their cross-appeal, the mall defendants contend the trial court should have dismissed the action because the personal *194 representative of decedent’s estate, rather than decedent’s father, is the only proper plaintiff under…”
— Ariz. Rev. Stat. § 12-612(C) — 13 cases
Quinonez on Behalf of Quinonez v. Andersen, 696 P.2d 1342 (Ariz. Ct. App. 1984).
“Appellees urge that under A.R.S. § 12-612(C), it is not only the jury’s function to award damages, but also to apportion those damages among the persons who have a statutory right to participate in the award.”
Wilmot v. Wilmot, 58 P.3d 507 (Ariz. 2002).
“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,____ A.R.S. § 12-612(A) and (C) (1973). 1 The action was originally brought as “Connie I.”
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