Wrongful Death Complaint - Arizona

WRONGFUL DEATH COMPLAINT (ARIZONA)

Before you use this: Confirm the proper statutory plaintiff, every surviving beneficiary, the filing deadline, and any public-entity notice requirements. Complete the facts and the claimed discovery tier before filing. If the filing court uses compulsory arbitration, file its separate certificate with the complaint and check the court's current local arbitration limit.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR [COUNTY] COUNTY

COMPLAINT FOR WRONGFUL DEATH

Plaintiff alleges:

Claimed discovery tier under Ariz. R. Civ. P. 26.2: ☐ Tier 1 ☐ Tier 2 ☐ Tier 3. [SELECT THE TIER SUPPORTED BY THE CLAIMED DAMAGES AND CASE FACTS; THE COURT ASSIGNS THE TIER.]

1. Parties and statutory capacity

1. [DECEDENT FULL NAME] died on [DATE OF DEATH]. The surviving spouse, children, and parents are [NAMES AND RELATIONSHIPS; STATE "NONE" FOR EACH EMPTY CLASS]. [IDENTIFY ANY PERSON DISQUALIFIED FROM RECOVERY UNDER A.R.S. § 12-612(D), OR STATE "NONE".]

2. Plaintiff brings this single wrongful-death action in the following capacity under A.R.S. § 12-612(A) (select and complete one):

☐ Plaintiff is the surviving [SPOUSE / CHILD / PARENT / GUARDIAN]. Plaintiff sues in Plaintiff's own name for and on behalf of the surviving spouse, children, or parents identified above.

☐ Plaintiff is the personal representative of Decedent, appointed by [COURT AND CASE NUMBER]. Plaintiff sues in that capacity for and on behalf of the surviving spouse, children, or parents identified above.

☐ Plaintiff is the personal representative of Decedent, appointed by [COURT AND CASE NUMBER]. No spouse, child, or parent survived Decedent. Plaintiff sues on behalf of Decedent's estate.

3. Defendant is [PERSON OR ENTITY DESCRIPTION AND RESIDENCE OR PRINCIPAL ADDRESS]. Defendant can be served at [SERVICE ADDRESS AND RECIPIENT].

2. Court and incident

4. Plaintiff files this action in [COUNTY] County. Facts supporting this county as the place of filing are [DEFENDANT'S RESIDENCE OR OTHER VENUE FACTS].

5. On [DATE AND TIME], at [PRECISE LOCATION], [DESCRIBE THE INCIDENT AND DEFENDANT'S ACT OR OMISSION].

6. Before death, Decedent could have maintained an action for damages arising from that act or omission because [FACTS SHOWING DUTY OR OTHER BASIS OF LIABILITY, BREACH, CAUSATION, AND INJURY].

7. Defendant's [WRONGFUL ACT / NEGLECT / DEFAULT] caused Decedent's death. [STATE MEDICAL AND OTHER CAUSATION FACTS, INCLUDING DATE OF DEATH].

3. Claim for wrongful death

8. Plaintiff incorporates paragraphs 1 through 7. Under A.R.S. § 12-611, Defendant is liable for the death caused by the conduct described above because Decedent could have maintained an action for damages had death not ensued.

9. The persons for whose benefit this action is brought suffered injury from the death as follows. Identify each eligible person's injury separately: [BENEFICIARY NAME, RELATIONSHIP, INJURY RESULTING FROM THE DEATH, AND SUPPORTING FACTS].

10. Plaintiff requests damages that the jury finds fair and just with reference to the injury resulting from Decedent's death to the surviving parties entitled to recover, having regard to the circumstances of Defendant's conduct, under A.R.S. § 12-613. If this action is brought for the estate because no spouse, child, or parent survived, Plaintiff requests recovery for the estate under §§ 12-612(A) and 12-613.

4. Request for relief

Plaintiff requests judgment against Defendant for:

1. Damages under A.R.S. § 12-613 in an amount proved at trial;
2. Taxable costs and interest, to the extent allowed by applicable law; and
3. Any other relief the Court determines proper on the pleaded claim.

☐ Plaintiff demands a jury trial on triable issues.

Dated: [__/__/____]

[ATTORNEY NAME], Arizona Bar No. [NUMBER]

[FIRM NAME], [ADDRESS], [TELEPHONE], [EMAIL]

Counsel for Plaintiff

Signature: ______________________________