29.12 Limits on Recovery

JurisdictionArizona

29.12 Limits on Recovery. The Wrongful Death Act is only intended to create a mechanism for survivors of a decedent to bring a claim in order to recover their damages. So the pain and suffering of the decedent caused by the wrongful act and other damages specific to the decedents and unrelated to any loss suffered by statutory beneficiary are not proper elements of a wrongful death recovery.90 The exception would be for an action brought by the decedent’s personal representative on behalf of the decedent’s estate in cases where there is no statutory beneficiary who survived the decedent. In those cases, the decedent’s estate stands precisely in the shoes of the decedent and the damages are calculated based solely...

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