Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-613 (2026)

Measure of damages; nonliability for debts of decedent

✓ current as of May 2026
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In an action for wrongful death, the jury shall 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, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default. The amount recovered in such action shall not be subject to debts or liabilities of the deceased, unless the action is brought on behalf of the decedent's estate.

Notes of Decisions
Cited in 71 cases (4 in the last 5 years), 1956–2026 · leading case: HOWARD FRANK, MD, PC v. Superior Court, 722 P.2d 955 (Ariz. 1986).
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HOWARD FRANK, MD, PC v. Superior Court, 722 P.2d 955 (Ariz. 1986). · cites it 16× “After analyzing Arizona's wrongful death statute, A.R.S. § 12-613, which has been interpreted to allow for consortium damages, the court concluded that "[w]e are unable to justify denial of an award in such circumstances when only the bare fact of the child's existence…”
Haralson v. Fisher Surveying, Inc., 31 P.3d 114 (Ariz. 2001). · cites it 14× “But because Braun was a wrongful death action, the dissent initially focuses on Ariz.Rev.Stat. § 12-613. Infra ¶¶ 33-34. Five years before Braun was decided, we held that punitive damages are recoverable under that statute, which permits the judge or jury to consider…”
Boies v. Cole, 407 P.2d 917 (Ariz. 1965). · cites it 28× “Appellants and cross appellees were defendants in a wrongful death action brought pursuant to A.R.S. § 12-613. They are the Sheriff of Maricopa County and the surety company that wrote his bond.”
White v. Greater Arizona Bicycling Ass'n, 163 P.3d 1083 (Ariz. Ct. App. 2007). · cites it 26× “Further, although the majority 21 nevertheless upheld the jury’s award of zero damages because A.R.S. § 12-613 “reserves to the jury [the authority] to award such damages as are ‘fair and just’” and testimony about the Quinonezes’ marriage could support the jury’s conclusion…”
Quinonez on Behalf of Quinonez v. Andersen, 696 P.2d 1342 (Ariz. Ct. App. 1984). · cites it 16× “In turn, this evidence would only be material to proving “aggravating circumstances” (that is, punitive damages) under A.R.S. § 12-613 1 , against Roofing Wholesale, individually, as the negligence of its employee and its respondeat superior liability were admitted.”
Sedillo v. City of Flagstaff, 737 P.2d 1377 (Ariz. Ct. App. 1987). · cites it 16× “The jury was therefore under an obligation, by virtue of A.R.S. § 12-613, to give such damages as it deemed "fair and just" with reference to the injuries suffered.”
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 4× “Ariz.Rev.Stat.Ann. § 12-613. See Boise v.”
Michael Soto v. Anthony M Sacco, 398 P.3d 90 (Ariz. 2017). · cites it 5× “They reason that Ahmad , even if correct, applies only to special statutory considerations under the wrongful death statute, A.R.S. § 12-613, which provides that “[i]n an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the…”
Walsh v. Advanced Cardiac Specialists Chartered, 258 P.3d 172 (Ariz. Ct. App. 2011). · cites it 19× “A.R.S. § 12-613. Thus, unlike a negligence claim, damages is not an essential element of a wrongful death claim.”
Welch v. McClure, 598 P.2d 980 (Ariz. 1979). · cites it 10× “The issues raised on appeal are as follows: 1) Are aggravating circumstances damages as set out in A.R.S. § 12-613 equivalent to punitive damages? If so, are punitive damages recoverable against the state absent statutory authority? 2) Did the trial court commit error in…”
Vasquez v. State, 206 P.3d 753 (Ariz. Ct. App. 2008). · cites it 6× “" A.R.S. § 12-613. One such party who may recover is a surviving parent.”
Englert v. Carondelet Health Network, 13 P.3d 763 (Ariz. Ct. App. 2000). · cites it 4× “" A.R.S. § 12-613; see Mullen v. Posada del Sol Health Care Ctr.”
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