Wrongful Death Demand Letter - Arizona

DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF ARIZONA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Arizona ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Arizona

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Claims Representative / Risk Management / Defendant]
[Insurance Company / Entity Name]
[Street Address]
[City, State ZIP]

RE: WRONGFUL DEATH CLAIM - SETTLEMENT DEMAND
Decedent: [Decedent Full Name]
Date of Death: [Date of Death]
Date of Incident: [Date of Incident, if different]
Claimant(s): [Names of Statutory Beneficiaries / Personal Representative]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Name(s)] regarding the wrongful death of [Decedent Name], who died on [Date of Death] as a direct and proximate result of [describe cause - e.g., "a motor vehicle collision caused by your insured," "medical negligence," "a dangerous condition on your insured's property," etc.].

This letter constitutes our formal demand for settlement of all wrongful death and survival claims arising from this tragedy.

I. ARIZONA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - A.R.S. Section 12-611 et seq.

This wrongful death claim is brought pursuant to the Arizona Wrongful Death Act, A.R.S. Section 12-611, which provides:

"When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages."

B. Who May Bring the Action - A.R.S. Section 12-612

Under A.R.S. Section 12-612(A), a single wrongful death action is brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased, for and on behalf of all the statutory beneficiaries (the surviving spouse, children, and parents). Only if none of these survive is the action brought on behalf of the decedent's estate. Either parent may maintain the action for the death of a child. A.R.S. Section 12-612(B). The amount recovered is distributed among the beneficiaries in proportion to their respective damages. A.R.S. Section 12-612(C). A beneficiary who caused the decedent's death (through an offense enumerated in the statute) is deemed to have predeceased the decedent and is disqualified from recovering. A.R.S. Section 12-612(D).

Statutory Plaintiffs / Beneficiaries (A.R.S. Section 12-612): surviving spouse; surviving child or children; surviving parent(s); or the personal representative on behalf of the estate if none of the foregoing survive.

Plaintiffs in This Case:

C. Statute of Limitations

Under A.R.S. Section 12-542, the wrongful death action must be commenced within two (2) years from the date of death.

• Date of Death: [Date of Death]
• Limitations Period Expires: [Expiration Date]

D. Survival Action - A.R.S. Section 14-3110

In addition to the wrongful death action, Arizona recognizes a survival action under A.R.S. Section 14-3110, brought by the personal representative to recover the decedent's own pre-death losses. Recoverable survival damages include:

• Medical expenses incurred prior to death
• The decedent's lost earnings from injury to death
• Punitive damages, where warranted — these survive the decedent's death. Quintero v. Rodgers, 221 Ariz. 536, 212 P.3d 874 (App. 2009)

Critical Arizona limitation: A.R.S. Section 14-3110 expressly provides that "damages for pain and suffering of such injured person shall not be allowed." The decedent's pre-death pain and suffering — and loss of enjoyment of life, treated as a species of pain and suffering — are therefore not recoverable in an Arizona survival action, regardless of whether the decedent was conscious. Quintero v. Rodgers, 221 Ariz. 536, 212 P.3d 874 (App. 2009).

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this claim, including but not limited to:

• All evidence relating to the incident causing death
• All documents, photographs, and recordings
• Electronic data, including EDR/black box data (vehicle cases)
• Surveillance footage
• Communications with your insured regarding the incident
• Complete claims file and investigation materials
• All applicable insurance policies
• Prior claims or incidents involving your insured
• [Add case-specific evidence items]

Please preserve the listed materials and tell us promptly if any item cannot be preserved.

III. STATEMENT OF FACTS

A. The Decedent - [Decedent Name]

[Decedent Name] was a [Age]-year-old [describe decedent - occupation, family role, community involvement]:

Personal Background:

• Date of Birth: [DOB]
• Age at Death: [Age]
• Residence: [City], Arizona
• Occupation: [Occupation/Employer]
• Annual Income: $[Amount]
• Education: [Education level]

Family:

• Spouse: [Name], married [years]
• Children: [Names and ages]
• Parents: [Names, if surviving]
• [Other relevant family information]

Character and Contributions:
[Describe the decedent as a person - their role in the family, community involvement, personal qualities, etc.]

B. The Incident Causing Death

On [Date], at approximately [Time], [describe the incident with specificity]:

[Detailed factual description of the incident, the defendant's conduct, and how it caused the decedent's death]

C. The Death

[Decedent Name] [died at the scene / was transported to [Hospital] where [he/she] died / survived for [time period] before succumbing to injuries].

If Survival Period:

From the time of injury until death, a period of [time period], [Decedent Name]:

• Was conscious and aware of [his/her] injuries
• Suffered extreme physical pain from [injuries]
• Was aware [he/she] would not survive
• [Describe other suffering during survival period]

Note: Arizona bars recovery of the decedent's own pre-death pain and suffering in the survival action (A.R.S. § 14-3110). Describe pre-death events only when they are independently relevant to liability, a beneficiary's own damages, or a properly supported punitive-damages theory.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name] under Arizona law.

Elements of Negligence:

Under Arizona law, a plaintiff must prove: (1) duty; (2) breach; (3) causation; and (4) damages. Gipson v. Kasey, 214 Ariz. 141, 150 P.3d 228 (2007).

1. Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]

2. Breach: [Defendant] breached this duty by:
   - [Describe specific breaches with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries

B. Negligence Per Se (If Applicable)

[Defendant] violated [Arizona Statute/Regulation], which [sets a specific standard of conduct / supports the applicable standard of care] and was designed to protect [class of persons] from [type of harm]. Confirm that Arizona treats the particular enactment as supplying negligence per se rather than merely evidence of breach, and that the statute supports the asserted duty or claim. CVS Pharmacy, Inc. v. Bostwick, 251 Ariz. 511, 494 P.3d 572 (2021).

C. Arizona's Pure Comparative Negligence Rule

Arizona follows the pure comparative negligence rule under A.R.S. Section 12-2505. Under this doctrine:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery ordinarily is not barred regardless of the degree of fault, subject to § 12-2505's exception for a claimant who intentionally, wilfully, or wantonly caused or contributed to the injury or death
• The jury apportions fault among parties and properly noticed non-parties under A.R.S. § 12-2506

[Decedent Name] Was Not Negligent:

[Decedent Name] bore no fault for [his/her] own death. [He/She] was:

• [Describe lawful, careful conduct]
• [Additional evidence of due care]

Any assertion of comparative fault on the part of [Decedent Name] would be unsupported by the facts.

V. DAMAGES

A. Wrongful Death Damages - A.R.S. Section 12-613

Under A.R.S. Section 12-613, the damages recoverable in a wrongful death action include:

"In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default."

Arizona Constitution article 2, § 31 generally bars a state-law limit on damages for death or personal injury, subject to its express felony-conduct exception. The requested amount still requires proof under the governing wrongful-death statute.

1. Loss of Financial Support:

[Decedent Name] was the [primary/secondary] financial provider for [his/her] family.

2. Loss of Services and Consortium:

Under Arizona law, the jury may consider the statutory beneficiary's proven loss of services, care, protection, and guidance under A.R.S. § 12-613. Ahmad v. State, 246 Ariz. 67, 434 P.3d 1278 (App. 2018).

[Decedent Name] provided valuable services to [his/her] family, including:

• [Describe services - household, childcare, guidance, etc.]
• Estimated annual value: $[Amount]
• Present value of future lost services: $[Amount]

3. Loss of Love, Affection, and Companionship:

Arizona allows the jury to consider a statutory beneficiary's proven loss of love, affection, companionship, care, protection, and guidance, as well as the beneficiary's own pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced and reasonably probable in the future. A.R.S. § 12-613; Ahmad v. State, 246 Ariz. 67, 434 P.3d 1278 (App. 2018).

Surviving Spouse - [Spouse Name]:

[Describe the marital relationship - years together, activities shared, closeness, impact of death]

Surviving Children:

[Child 1 Name], Age [Age]:

[Describe parent-child relationship and impact on child]

[Child 2 Name], Age [Age]:
[Same structure as above]

Surviving Parents (if applicable):

4. Funeral and Burial Expenses:

B. Survival Action Damages (Estate Claim)

1. Pre-Death Medical Expenses:

2. Pre-Death Lost Earnings:

Lost wages from date of injury to date of death: $[Amount]

C. Punitive Damages (If Applicable)

Arizona permits punitive damages only on clear and convincing evidence of the requisite "evil mind"—conduct beyond negligence or gross negligence that is outrageous, oppressive, or intolerable and reflects a conscious and deliberate disregard of others' interests and rights. Swift Transportation Co. of Arizona, L.L.C. v. Carman, 253 Ariz. 499, 524 P.3d 288 (2022).

Depending on the claim and evidence, the required state of mind may be established by showing:

• The defendant intended to injure the plaintiff;
• The defendant was motivated by spite or ill will; or
• The defendant consciously and deliberately disregarded a substantial risk of tremendous harm to others.

Mere carelessness, reckless conduct, or gross negligence is not enough. Swift Transportation, 253 Ariz. 499.

[Defendant's] conduct warrants punitive damages because:

• [Describe egregious conduct]
• [Evidence of evil mind - conscious disregard of known risk]

Arizona has no generally applicable statutory cap on punitive damages for death or personal injury. Ariz. Const. art. 2, § 31; art. 18, § 6. Verify governmental immunity, federal-law, due-process, and defendant-specific restrictions.

D. Summary of Damages

Survival Action (Estate Claim):

Wrongful Death Action:

Punitive Damages (If Applicable): $[Amount]

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the devastating loss suffered by the surviving family members, and the substantial damages, we hereby demand:

$[DEMAND AMOUNT]

[OR - Policy Limits Demand:]

TENDER OF ALL AVAILABLE POLICY LIMITS, INCLUDING:

• Primary liability policy: $[Amount]
• Umbrella/Excess policy: $[Amount]
• Any additional coverage: $[Amount]
• TOTAL LIMITS DEMANDED: $[Amount]

B. Allocation Among Beneficiaries

Subject to agreement among the statutory beneficiaries and any approval required for a minor or protected person, settlement proceeds would be allocated as follows:

C. Time for Response

This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that the documented damages may substantially exceed available policy limits. When evaluating a third-party settlement demand, an Arizona liability insurer must give equal consideration to the insured's interests and independently assess and value the claim. Apollo Education Group, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, 250 Ariz. 408, 480 P.3d 1225 (2021). Please promptly communicate this demand and material excess-exposure information to the insured and evaluate the offer under the policy and current Arizona law. This notice does not predetermine whether any later bad-faith claim would exist.

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Medical records and bills (pre-death treatment)
• Autopsy report (if applicable)
• Funeral and burial expense receipts
• Decedent's tax returns (3 years)
• Employment records and income verification
• Marriage certificate
• Birth certificates of children
• Police/incident report
• Witness statements
• Photographs
• [Other case-specific documentation]

IX. CONCLUSION

The death of [Decedent Name] was a preventable tragedy caused entirely by [Defendant's] negligence. [He/She] was taken from [his/her] family, leaving a spouse and [number] children without [his/her] love, support, guidance, and companionship.

The liability in this case is clear. The damages are substantial. We urge you to resolve this matter fairly and promptly.

If this matter cannot be resolved, we are prepared to file suit immediately in the [Superior Court of Arizona in and for [County] County] and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
State Bar of Arizona No. [Number]
Attorney for [Claimant Name(s)]

ENCLOSURES: [List]

cc: [Claimant(s)]
[File]

ARIZONA-SPECIFIC PRACTICE NOTES

Critical Arizona Wrongful Death Considerations:

1. NO DAMAGE CAPS: Arizona has no statutory cap on wrongful death damages (economic or non-economic).

2. PURE COMPARATIVE NEGLIGENCE: A.R.S. § 12-2505 ordinarily reduces damages in proportion to claimant fault, but provides no comparative-negligence right when the claimant intentionally, wilfully, or wantonly caused or contributed to the injury or death.

3. FAULT ALLOCATION TO NON-PARTIES: Under A.R.S. Section 12-2506, defendants may seek to allocate fault to non-parties ("empty chair" defense).

4. STATUTORY PLAINTIFFS: Unlike some states, Arizona allows survivors (spouse, children, parents) to sue directly rather than requiring personal representative.

5. SURVIVAL ACTION BARS THE DECEDENT'S PAIN AND SUFFERING: A.R.S. § 14-3110 does not allow the decedent's pre-death pain and suffering (or loss of enjoyment of life) in a survival action, regardless of consciousness; the estate's survival recovery is economic (plus punitive damages, which do survive).

6. PUNITIVE DAMAGES - "EVIL MIND": High standard requiring conscious disregard of known risk.

Arizona Venue and Procedure:

• Venue: County where defendant resides, where cause of action arose, or where plaintiff resides (if defendant does not reside in Arizona). A.R.S. Section 12-401.
• Service: Arizona Rules of Civil Procedure, Rule 4.1 and 4.2.
• Mandatory Arbitration: Each superior court sets its own jurisdictional limit by local rule, not exceeding $65,000. A.R.S. § 12-133. Verify the county's current rule and amount in controversy.

Arizona Medical Malpractice (if applicable):

• File and serve with the claim a certification stating whether expert opinion testimony is necessary. A.R.S. § 12-2602(A).
• If expert testimony is certified as necessary, serve the preliminary expert opinion affidavit with the Rule 26.1 initial disclosures, unless the court extends the time for good cause or by stipulation. A.R.S. § 12-2602(B)-(C).

SOURCES AND VERIFICATION REFERENCES

• Arizona Legislature — A.R.S. § 12-542
• Arizona Legislature — A.R.S. §§ 12-611, 12-612, and 12-613
• Arizona Legislature — A.R.S. § 14-3110
• Arizona Legislature — A.R.S. §§ 12-2505 and 12-2506
• Arizona Constitution, art. 2, § 31 and art. 18, § 6
• Arizona Supreme Court — CVS Pharmacy, Inc. v. Bostwick (2021)
• Arizona Court of Appeals — Ahmad v. State (2018)
• Arizona Supreme Court — Apollo Education Group, Inc. v. National Union (2021)
• Arizona Legislature — A.R.S. §§ 12-133, 12-401, and 12-2602
• CourtListener — Quintero v. Rodgers (2009)
• CourtListener — Gipson v. Kasey (2007)
• CourtListener — Swift Transportation Co. of Arizona, L.L.C. v. Carman (2022)

This template must be customized by a licensed Arizona attorney.