29.13 Aggravating or Mitigating Circumstances; Punitive Damages

• Jurisdiction: Arizona

29.13 Aggravating or Mitigating Circumstances; Punitive Damages. The term “aggravating circumstances” as used in A.R.S. § 12-613 allows for the imposition of punitive damages in a wrongful death action.⁹³ The “aggravating circumstances” which justify the imposition of punitive damages do not have to be directly involved in the event causing wrongful death itself as long as there is some causal link to the plaintiff’s harm.⁹⁴ Although the use of the terms “mitigating or aggravating circumstances” would seem to indicate that a wrongful death jury could consider either factor separately from the issue of punitive damages, Arizona courts have found that “aggravating circumstances” is synonymous with punitive damages.⁹⁵ No published case has ever addressed or interpreted “mitigating circumstances,” in any context.⁹⁶ To be eligible to receive punitive...