No family wants to think about deadlines while grieving. This guide exists because the law, unfortunately, doesn't pause — and understanding the timelines early protects choices a family may want to have later, without committing anyone to anything.
The General Rule: Two Years From the Date of Death
Arizona law generally allows two years to bring a wrongful death claim, and the clock runs from the date of death. That distinction matters in the hardest cases: when a loved one survives an accident for weeks or months before passing, the two years is measured from the death itself, not from the day of the crash or injury. The same principle shapes how wrongful death claims work after a crash.
When a Public Entity Is Involved: Much Shorter
If the loss involved a public entity — a government vehicle, a public facility — Arizona requires a formal notice of claim within one hundred eighty days, and the overall deadlines that follow are shorter than the standard two years. These are the cases where the calendar is least forgiving, and where early awareness matters most.
When Minor Children Are Survivors
Deadlines can work differently for minor children among the survivors — the law recognizes that a child cannot act on their own behalf. How this applies is case-specific, and it's the kind of question a consultation can answer for a particular family's situation, along with who can bring a wrongful death claim.
Why the Legal Clock and the Practical Clock Differ
Two years sounds like time to breathe — and in one sense, it is. A family does not need to make legal decisions in the first days or weeks of grief, and nothing here suggests otherwise. But the practical clock runs faster than the legal one: camera footage is kept for days or weeks, witness memories fade, and records become harder to gather. Understanding where things stand early — even if a family chooses to do nothing for a while — preserves the options.
A Gentle Word About Timing
There is no pressure in any of this. Some families reach out quickly; many wait months. Understanding the deadlines is not the same as acting on them — it simply means that whenever a family is ready, the door is still open.
If your family is facing this, and you simply want to understand where things stand, Saguaro Injury Law offers free, confidential consultations any hour — in English or Spanish, with no fee unless there is a recovery. Call (602) 217-0000 whenever you're ready.
