What Is a Survival Action in Arizona?

Wrongfully losing a loved one in an accident is devastating. The grief alone is a lot to carry, but many families also find themselves buried under medical bills, lost income, and other burdens they weren’t prepared for. It’s an incredibly difficult situation on every level.

At Saavedra Law Firm, attorney Freddy Saavedra has spent years standing beside grieving families and helping them recover. One of the most important legal tools available to these families is something called a survival action, a claim that allows the deceased’s estate to seek compensation for the financial losses the deceased experienced before passing. Understanding how survival actions work is crucial for families going through this difficult legal process. Let’s explore these concepts in more detail to help you understand your options during this challenging time.

How Is a Survival Action Different from a Wrongful Death Claim?

These two claims are often confused, but they serve very different purposes:

• A survival action is essentially the personal injury claim the deceased could have pursued if they had lived. It covers losses they personally experienced before their death. Any money recovered through a survival action goes to the deceased’s estate.
• A wrongful death claim provides compensation for the surviving family members, covering losses like financial support, companionship, funeral expenses, and related costs. Any awarded compensation goes directly to the family.

It’s often possible to pursue both of these claims simultaneously. This comprehensive approach is common and highly recommended because it addresses both the losses suffered by the deceased before their death and the losses experienced by their family after their death. Filing both allows all damages to be accounted for, maximizing the potential for full compensation.

Who Can File a Survival Action in Arizona?

Survival actions are typically filed by the personal representative of the deceased’s estate. This person acts on behalf of the estate throughout the legal process. A personal representative may be:

• A surviving spouse
• An adult child
• Another family member
• A court-appointed individual

Because the filing process involves specific legal requirements, consulting with an attorney early on is critical.

What Damages Can Be Recovered in a Survival Action?

With a survival action, you can pursue compensation for the financial losses the deceased suffered before passing. These typically include:

• Medical expenses incurred from the accident up until death
• Lost wages or income the deceased would have earned
• Property damage caused by the accident

One important limitation: damages for pain and suffering are not recoverable in an Arizona survival action. This is because that type of compensation is considered personal to the individual, and under Arizona law, it does not transfer to the estate after death.

How Long Do You Have to File a Survival Action in Arizona?

In Arizona, the statute of limitations for survival actions is generally two years from the date of the accident or death. Once that window closes, you may lose the right to file altogether.

A few things to keep in mind:

• Acting quickly helps preserve evidence and build a stronger case
• Exceptions may apply in certain situations, such as cases involving minors or government entities
• Every case is different, so it’s worth getting legal guidance as soon as possible

Get Support After a Tragic Loss

The legal system can feel complicated, especially when you’re grieving, but with the right support, families can hold negligent parties responsible and recover the financial losses they’ve incurred.

At Saavedra Law Firm, Freddy Saavedra is committed to fighting for your family with tenacity and compassion. We’ll meet you wherever you’re comfortable, whether that’s at home, at the hospital, or over coffee, and you won’t pay a dime unless we win. Start the conversation with us today, so we can help you get past this dark period a little faster.