Survival and wrongful death claims are both made following the death of the victim of abuse, but they are slightly different:
A survival claim is a claim made on behalf of the deceased individual as if they were still living.
A wrongful death claim is made on behalf of the deceased’s family for their own damages due to the loss of their loved one.
The other main difference is the type of damages that can be recovered.
Wrongful death claims can include the pain and suffering of family members, loss of income beyond death, and funeral expenses.
Survival claims in Arizona also cover a specific range of damages, which we’ll look at in more detail below.
In Arizona, you may bring a survival claim and a wrongful death claim simultaneously.
