29.7 Statute of Limitations
Jurisdiction | Arizona |
29.7 Statute of Limitations. The statute of limitations for wrongful death claims is found not in the Wrongful Death Act but in A.R.S. § 12-542 , the statute of limitations for tort claims generally. Section 12-542 states that actions “for injuries done to the person of another when death ensues from such injuries” must be brought within two years of the wrongful death. The application of other, potentially longer statutory periods is pre-empted by § 12-542, and the 2-year period is not extended by § 12-504, which allows for a one-year tolling of the statute of limitations for causes of action held by a party before their death.52 Nor does § 12-502 toll the statute of limitations for a wrongful death claim where the claim is brought on behalf of a minor.53
Because a survivor’s wrongful death claim does not accrue until “the death of the party injured,”54 where the decedent lives for some period following an injury the decedent’s cause of action against the tortfeasor for his or her injuries will accrue earlier than the wrongful death claim, even years earlier. In Frongillo v. Grimett , a widow’s wrongful death claim brought within two years of her husband’s death but eight years after the tortious conduct causing harm was found to be timely.55
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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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