29.4 Plaintiffs and Beneficiaries
Jurisdiction | Arizona |
29.4 Plaintiffs and Beneficiaries. The Wrongful Death Act provides that an action for wrongful death is to 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.”24 If none of these statutory beneficiaries survive, the action is to be brought on behalf of the decedent’s estate.25 Either parent may maintain an action for the death of a child.26 In the original version of the statute, the father was required to be the plaintiff in a wrongful death action for the death of a child unless he had died or abandoned the family,27 but there is no prioritization between and amongst the persons who can serve as the plaintiff in the current statute.28 A parent can maintain an action on behalf of a viable fetus who is killed as a result of another’s tortious conduct.29
It is important to note that it...
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- 29.1 Overview
- 29.1 Overview
- 29.2 History of Actions for Wrongful Death in Arizona
- 29.2 History of Actions for Wrongful Death in Arizona
- 29.3 The Statutes
- 29.3 The Statutes
- 29.4 Plaintiffs and Beneficiaries
- 29.4 Plaintiffs and Beneficiaries
- 29.5 Single Action (Wilmot v. Wilmot).
- 29.5 Single Action (Wilmot v. Wilmot).
- 29.6 Who May Not Be a Plaintiff or Beneficiary
- 29.6 Who May Not Be a Plaintiff or Beneficiary
- 29.7 Statute of Limitations
- 29.7 Statute of Limitations
- 29.8 Prosecuting a Wrongful Death Claim
- 29.8 Prosecuting a Wrongful Death Claim
- 29.9 Who May Be Sued and Proving Liability
- 29.9 Who May Be Sued and Proving Liability
- 29.10 Comparative Fault
- 29.10 Comparative Fault
- 29.11 Damages Recoverable.
- 29.11 Damages Recoverable.
- 29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering.
- 29.11.1 Loss of Consortium, Grief, Stress, and Mental and Emotional Suffering.
- 29.11.2 Loss of Income.
- 29.11.2 Loss of Income.
- 29.11.3 Other Expenses.
- 29.11.3 Other Expenses.
- 29.12 Limits on Recovery
- 29.12 Limits on Recovery
- 29.13 Aggravating or Mitigating Circumstances; Punitive Damages
- 29.13 Aggravating or Mitigating Circumstances; Punitive Damages
- 29.14 Settlements
- 29.14 Settlements
- 29.15 Non-Liability for Decedent's Debts; Liens
- 29.15 Non-Liability for Decedent's Debts; Liens
- 29.16 Tax Issues
- 29.16 Tax Issues
- 29.17 Allocation of Attorneys' Fees Among Separate Counsel
- 29.17 Allocation of Attorneys' Fees Among Separate Counsel
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