Wrongful Death Statute of Limitations in Arizona
Last verified 2026-07 · Source: Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612.
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Under Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612, you have 2 years from Date of death to file a wrongful death lawsuit in Arizona. Miss it and you lose the right to sue — but several Arizona-specific exceptions can extend (or shorten) that window, detailed below.
Arizona Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 |
| Car Accident | 2 yrs | A.R.S. § 12-542(1) |
| Credit Card Debt | 6 yrs | Ariz. Rev. Stat. § 12-548(A) |
| Medical Malpractice | 2 yrs | A.R.S. § 12-542 |
| Personal Injury | 2 yrs | A.R.S. § 12-542 |
| Dog Bite | 2 yrs | A.R.S. § 11-1025 (strict liability dog bite); SOL: A.R.S. § 12-542 |
| Slip and Fall | 2 yrs | A.R.S. § 12-542 |
| Defamation | 1 yr | A.R.S. § 12-541(1) |
| Breach of Contract | 6 yrs | Ariz. Rev. Stat. § 12-548 |
| Medical Debt | 6 yrs | A.R.S. § 12-548 |
When the Clock Starts
In Arizona, the limitations period for wrongful death claims generally begins on Date of death. Arizona does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Damage caps: None
Spouse, children, or parents of the deceased may file; if the deceased is a minor, either parent or a legal guardian may file. No cap on wrongful death damages.
Source: Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612, official Arizona statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Arizona government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Arizona Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Arizona | 2 years | Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Nevada | 2 yrs | Nev. Rev. Stat. §§ 41.085, 11.190(4)(e) |
| Utah | 2 yrs | Utah Code § 78B-2-304 |
| New Mexico | 3 yrs | NMSA 1978, § 41-2-2 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Arizona?
You have 2 years from Date of death, under Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612.
Can I still sue after 2 years in Arizona?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official Arizona Revised Statutes § 12-542 – Two-year limitation on personal injury and wrongful death actions
- Corroborating How Do Arizona Wrongful Death Lawsuits Work? – Nolo
- Corroborating Arizona Revised Statutes § 12-611 (2025) – Wrongful Death Liability – Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arizona attorney.