Suing a City or Government for Wrongful Death in Arizona

TL;DR

Yes, you can sue a city, county, or other government entity for wrongful death in Arizona, but you must follow a very strict and time-sensitive process. The most critical step is filing a formal “Notice of Claim” with the correct government body within 180 days of the incident. This notice must state the facts of the case and demand a specific settlement amount. Failure to file this notice correctly and on time will permanently bar you from bringing a lawsuit, regardless of how strong your case is. After the notice is filed, you have one year from the date of the incident to file the actual lawsuit in court.

Key Highlights

180-Day Notice of Claim: You have only 180 days from the date of death to formally notify the government entity of your intent to sue.
One-Year Lawsuit Deadline: The lawsuit itself must be filed in court within one year of the incident.
“Sum Certain” Required: Your Notice of Claim must include a specific dollar amount you are willing to accept to settle the case.
Sovereign Immunity is Limited: Arizona law, through the Arizona Tort Claims Act, has significantly reduced the historical protection known as sovereign immunity, making government bodies liable for negligence in many situations.
Legal Counsel is Crucial: The procedural requirements are complex and unforgiving. Missing a deadline or making an error in the Notice of Claim can end your case before it begins.

Losing a family member is a profound tragedy, and the pain is compounded when the death was preventable and caused by the carelessness of another party. When that party is a government body a city, a county, or a state agency, families often feel powerless, believing the government is untouchable. In Arizona, however, the legal landscape provides a structured path for holding public entities accountable for their actions. This accountability is rooted in the principle that government, just like any individual or corporation, has a duty to act with reasonable care to prevent harm to the public it serves.

The legal foundation for these claims is the Arizona Tort Claims Act (ATCA), found in Arizona Revised Statutes (A.R.S.) § 12-820 through § 12-826. This set of laws effectively waives the old doctrine of “sovereign immunity,” a legal concept inherited from English law that held the government could not be sued without its consent. The ATCA specifies that public entities in Arizona are liable for their acts and the acts of their employees acting within the scope of their employment, under the same principles that would apply to a private person. However, this waiver of immunity comes with a strict set of rules that must be followed perfectly.

Pursuing a wrongful death claim against a government entity is fundamentally different from suing a private citizen or a business. The process is filled with unique procedural hurdles and drastically shorter deadlines designed to protect public funds and allow the government time to investigate. Understanding these special requirements, particularly the 180-day Notice of Claim deadline, is not just important; it is the absolute key to preserving a family’s right to seek justice. The journey begins not with a lawsuit, but with a formal, detailed notice that sets the entire legal process in motion.

Understanding Sovereign Immunity and the Arizona Tort Claims Act

To grasp the challenges and opportunities in a wrongful death claim against the government, one must first understand the concept of sovereign immunity. It’s a legal principle with deep historical roots, based on the idea that “the king can do no wrong.” For centuries, this meant that citizens could not sue the government or its agencies for injuries or damages, no matter how negligent the government’s actions were. This created a significant imbalance, leaving individuals with no recourse for harm caused by public entities.

Recognizing this injustice, Arizona, like many other states, enacted legislation to limit this broad protection. The Arizona Tort Claims Act (ATCA) is the primary law that governs when and how you can bring a claim against a public entity or public employee in the state.

How the ATCA Changed Government Accountability

The ATCA essentially levels the playing field, stating that public entities are generally liable for their torts (wrongful acts) in the same way a private person or company would be. If a city employee driving a garbage truck runs a red light and causes a fatal collision, the ATCA allows the victim’s family to hold the city responsible, just as they would hold a private trucking company responsible.

The Act applies to a wide range of government bodies, including:

The State of Arizona and its agencies (e.g., Arizona Department of Transportation – ADOT).
Counties (e.g., Maricopa County, Pima County).
Cities and towns (e.g., City of Phoenix, City of Tucson).
School districts.
Special taxing districts.
Any other political subdivision of the state.

Exceptions to the Waiver of Immunity

While the ATCA opens the door for lawsuits, it doesn’t leave it wide open. The law preserves immunity for certain types of government functions, recognizing that some decisions are fundamental to the act of governing and should not be second-guessed by courts. A public entity is generally not liable for:

Legislative Actions: The act of passing or failing to pass a law or ordinance. For example, you cannot sue a city for wrongful death because it failed to pass a law that might have prevented the incident.
Judicial Actions: Decisions made by judges or other judicial officers in their official capacity.
Licensing and Inspection Decisions: The decision to issue, deny, suspend, or revoke a license, permit, or certificate. For example, if a city issues a building permit for a structure that later collapses, the city may be immune from liability for the act of issuing the permit itself.
Enforcement of Laws: A public entity is generally immune for failing to enforce a law or for the method of enforcement it chooses.

The most important distinction is between “operational” negligence and “discretionary” or “policy-level” decisions. A city is immune from a lawsuit challenging its policy decision on how to allocate its budget for road repairs. However, if the city undertakes to repair a specific road and its workers perform the job negligently, creating a dangerous condition that leads to a fatal accident, that is an operational failure for which it can be held liable. Proving your case falls into the “operational” category is a key legal challenge an attorney will address.

The Critical First Step: The Notice of Claim

The single most important and unforgiving requirement in any claim against a government body in Arizona is the Notice of Claim. It is a procedural trap that has ended countless valid wrongful death cases before they ever had a chance to be heard in court. Unlike a typical personal injury or wrongful death case against a private party, where you have two years to file a lawsuit, the clock starts ticking much faster with the government.

What is a Notice of Claim?

A Notice of Claim is a formal written document that a claimant must send to the government entity before they are legally allowed to file a lawsuit. Its purpose is twofold:

To Inform: It officially notifies the government that a person believes they have been wronged and intends to seek compensation. This gives the entity a chance to investigate the claim, assess its potential liability, and preserve evidence.
To Facilitate Settlement: It opens the door for a potential settlement without the need for expensive and time-consuming litigation. The government can evaluate the claim and decide whether to offer a settlement.

This is not an informal letter or a phone call. It is a legal document with strict statutory requirements.

The 180-Day Deadline: An Absolute Bar

Under A.R.S. § 12-821.01, a claimant has 180 days from the date the cause of action “accrues” to file the Notice of Claim. In a wrongful death case, the cause of action generally accrues on the date of the person’s death.

This 180-day deadline is absolute and strictly enforced by Arizona courts. There are very few, if any, exceptions. Being hospitalized, grieving, or simply being unaware of the law are not valid excuses for missing the deadline. If you fail to serve a proper Notice of Claim on the correct entity within 180 days, your right to sue is permanently lost.

What Must Be Included in the Notice?

The statute is very specific about the contents of the Notice of Claim. An incomplete or defective notice can be just as fatal to your case as a late one. The notice must contain:

Sufficient Facts: A detailed description of what happened, including the date, time, and location of the incident. It must contain enough information for the government entity to understand the basis of the claim and how it was allegedly at fault.
A “Sum Certain”: This is a specific dollar amount for which the claim can be settled. You cannot use vague language like “in an amount to be determined” or “in excess of $1,000,000.” You must state a concrete number, such as “$2,500,000.” This figure requires a careful calculation of all potential damages, as it sets a ceiling for what you can demand in a pre-litigation settlement.
Facts Supporting the Amount: The notice must also include the facts that support the settlement demand. This involves breaking down the damages, such as lost income, medical expenses, funeral costs, and the value of the loss of love, care, and companionship for the surviving family members.

Who Receives the Notice?

Properly serving the notice is just as important as its content and timing. You must deliver the notice to the correct person or office authorized to accept it for that specific government entity.

For a claim against the State of Arizona, the notice must be sent to the Attorney General.
For a claim against a city or town, it typically goes to the city clerk.
For a claim against a county, it is usually served on the Clerk of the Board of Supervisors.

Sending the notice to the wrong department, even within the correct government entity, can result in the claim being denied for improper service. An experienced arizona wrongful death attorney will verify the correct individual and method of service to ensure this critical step is handled flawlessly.

Filing the Lawsuit: The Statute of Limitations and Legal Process

Successfully serving a Notice of Claim within 180 days does not mean you have filed a lawsuit. It is merely the mandatory prerequisite. After the notice is served, another important clock starts ticking: the statute of limitations.

The One-Year Statute of Limitations

For claims against a public entity in Arizona, the statute of limitations is one year (A.R.S. § 12-821). This means you must file your formal wrongful death lawsuit with the appropriate court within one year from the date the cause of action accrued (the date of death).

It is crucial to understand the relationship between the two deadlines:

Notice of Claim: Must be filed within 180 days of the death.
Lawsuit: Must be filed within one year of the death.

You cannot wait until day 360 to think about the Notice of Claim. The notice must be done within the first 180 days. This compressed timeline leaves no room for delay. Families must act quickly to preserve their legal rights during an already difficult time.

The Government’s Response Period

Once the Notice of Claim is properly served, the government entity has 60 days to respond. During this time, they will likely assign the claim to an investigator or an attorney to review the facts and assess their liability. They can do one of three things:

Accept the Claim: They can agree to pay the “sum certain” you demanded in your notice and settle the case. This is rare but possible if liability is clear and the demand is reasonable.
Deny the Claim: They can send a formal letter denying the claim, either because they believe they are not at fault or because they believe the notice was defective.
Do Nothing: If the 60-day period passes with no response, the claim is considered “denied by operation of law.”

Once the claim is denied (either explicitly or by silence), you are free to file your lawsuit in court, provided you are still within the one-year statute of limitations. You cannot file the lawsuit before the 60-day response period has expired unless the government has already sent a formal denial.

The Litigation Process

If a settlement is not reached and a lawsuit is filed, the case proceeds much like any other civil lawsuit, but with the government as the defendant. This process involves several stages:

Filing the Complaint: Your attorney will draft and file a formal complaint in Superior Court, outlining the legal claims against the public entity.
Discovery: This is the evidence-gathering phase. Both sides will exchange documents, request information, and take depositions (sworn testimony) from witnesses, experts, and government employees.
Motions: The government’s attorneys will often file motions to try to get the case dismissed, frequently arguing that they are protected by sovereign immunity or that the Notice of Claim was defective.
Settlement Negotiations/Mediation: Throughout the process, there will be opportunities to negotiate a wrongful death settlement, often with the help of a neutral third-party mediator.
Trial: If no settlement can be reached, the case will proceed to trial, where a jury will hear the evidence and decide whether the government entity was negligent and, if so, the amount of damages to award to the family.

Proving Negligence: What Does It Take to Win?

Filing the paperwork correctly is only the first part of the battle. To win a wrongful death case against a government entity, you must prove that its negligence directly caused your loved one’s death. This involves establishing the same four elements required in any negligence case:

Duty: You must show that the government entity owed a duty of care to the deceased. For example, a city has a duty to maintain its roads in a reasonably safe condition for drivers.
Breach: You must prove that the government breached this duty. This means showing that its actions (or inaction) fell below the standard of care expected of a reasonable public entity in similar circumstances. For example, failing to repair a large, known pothole for months would be a breach of its duty.
Causation: You must connect the government’s breach directly to the death. The fatal accident must have been a direct and foreseeable result of the government’s negligence. The pothole must have been the actual cause of the driver losing control and crashing.
Damages: You must demonstrate the losses suffered by the surviving family members as a result of the death.

The Standard of Proof: Negligence vs. Gross Negligence

In most cases, you only need to prove “ordinary negligence.” However, in some situations involving claims against public employees, the law requires a higher standard of proof. To hold a public employee personally liable, you may need to show that their conduct constituted “gross negligence” or was an “intentional or malicious act.”

Ordinary Negligence: A failure to exercise reasonable care.
Gross Negligence: A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinary negligence.

For instance, a city road worker who accidentally leaves a tool on the road might be an example of ordinary negligence. A supervisor who knowingly sends a crew to work with faulty equipment that has a history of failing and causing injuries could be an example of gross negligence. An attorney can determine the specific standard of proof required for your case.

Essential Evidence in Government Liability Cases

Building a strong case against a government entity requires extensive and compelling evidence. Government bodies have vast resources to defend themselves, so your case must be meticulously prepared. Key evidence often includes:

Official Reports: Police accident reports, coroner’s reports, and internal investigation documents.
Public Records: Maintenance logs, inspection reports, work orders, and internal emails obtained through public records requests. These can show that the government knew about a dangerous condition but failed to act.
Witness Testimony: Statements from eyewitnesses to the incident.
Expert Testimony: Opinions from qualified experts are often essential. This can include:
- Accident Reconstructionists to determine how a crash occurred.
- Civil Engineers or Highway Safety Experts to testify about unsafe road design or maintenance.
- Medical Experts to establish the cause of death.
- Economists to calculate the financial losses suffered by the family.

Common Scenarios of Government Liability in Wrongful Death Cases

Wrongful death claims against the government can arise from a wide variety of situations where public entities or their employees fail in their duties. Understanding these common scenarios can help you recognize if you might have a valid claim.

Dangerous Road Conditions

This is one of the most frequent sources of claims against city, county, and state governments. The Arizona Department of Transportation (ADOT), counties, and municipalities have a duty to design, build, and maintain public roads in a reasonably safe condition. Liability can arise from:

Poor Maintenance: Failure to repair potholes, large cracks, or shoulder drop-offs that can cause a driver to lose control.
Defective Design: Roads with unsafe curves, improper grading that allows water to pool, or intersections with poor lines of sight.
Inadequate Signage or Signals: Missing stop signs, malfunctioning traffic lights, or lack of warning signs for sharp curves, construction zones, or known hazards like rockfall areas.
Obstructions: Leaving debris, equipment, or unlit barriers in the roadway.

For example, if a county has received multiple complaints about a specific intersection where a stop sign is consistently obscured by overgrown trees and does nothing about it, it could be held liable if a fatal T-bone collision occurs as a result.

Negligence by Government Employees

Public employees, when acting in the scope of their employment, can commit negligent acts that lead to a person’s death. The public entity that employs them is typically responsible for their actions under a legal doctrine called “respondeat superior” (let the master answer).

Vehicle Accidents: A city bus driver, a police officer, a sanitation worker, or any other government employee who causes a fatal accident while driving a public vehicle.
Public Transit Incidents: Negligence related to the operation of light rail or city buses, such as sudden stops that cause fatal injuries to passengers or accidents at crossings.
Public Works Errors: A municipal water department employee who fails to properly secure a work zone, leading to someone falling into an open manhole.

Unsafe Public Property

Government entities own and operate numerous public spaces, including parks, swimming pools, community centers, and government buildings. They have a duty to maintain these properties in a safe condition for visitors.

Public Pools: Drowning deaths caused by a lack of proper safety equipment, broken gates, or the absence of a required lifeguard.
Playgrounds: Fatal injuries from poorly maintained or defectively designed playground equipment.
Government Buildings: Slips and falls on wet floors without warning signs, or deaths resulting from building code violations like faulty wiring that causes a fire.

Law Enforcement Misconduct

While police officers have qualified immunity for many of their split-second decisions, they and their departments can be held liable for wrongful death in cases of excessive force, reckless high-speed pursuits that endanger the public, or other unconstitutional or negligent actions that result in a person’s death. These cases are particularly complex and often involve both state negligence claims and federal civil rights claims.

Recoverable Damages and Who Can File a Claim

In a successful wrongful death lawsuit, the court awards damages to compensate the surviving family members for their losses. The goal of these damages is not to punish the government but to try to restore the survivors, as much as money can, to the position they would have been in had their loved one not been killed.

Who is Entitled to File the Lawsuit?

Arizona law (A.R.S. § 12-612) specifies who can bring a wrongful death action. The claim must be filed by and in the name of one of the following parties:

The surviving spouse
A surviving child
A surviving parent or guardian
The personal representative of the deceased person’s estate (often an executor named in a will or appointed by the court)

Even if the personal representative files the lawsuit, it is done on behalf of all the statutory beneficiaries (the spouse, children, and parents). Any damages recovered are then distributed among these family members according to their individual losses.

Types of Damages Available

The damages in a wrongful death case are intended to compensate the survivors for their own personal losses, not the pain and suffering of the person who died. Common categories of damages include:

Loss of Financial Support: The income and benefits the deceased would have been expected to earn over their lifetime.
Loss of Household Services: The value of services the deceased provided, such as childcare, home maintenance, cooking, and cleaning.
Loss of Companionship, Comfort, and Guidance: This is a non-economic damage that compensates for the loss of the loving relationship with the deceased. This is often the most significant component of a wrongful death award.
Pain, Grief, and Suffering of the Survivors: Compensation for the pain, mental and emotional anguish the surviving family members have experienced because of the death.
Medical Expenses: The cost of any medical care the deceased received for their final injury before passing away.
Funeral and Burial Expenses: The reasonable costs associated with the funeral and burial.

An experienced legal team will work with economists, vocational experts, and the family to carefully document and calculate the full extent of these losses to present a comprehensive and justifiable claim for damages.

Conclusion

Holding a government entity accountable for a wrongful death in Arizona is a difficult but achievable goal. The law provides a path to justice for families who have lost a loved one due to public negligence, but this path is narrow and lined with strict, unforgiving deadlines. The Arizona Tort Claims Act, while waiving sovereign immunity, imposes the critical 180-day Notice of Claim requirement, a procedural step that, if missed or handled incorrectly, will close the courthouse doors forever. From identifying the proper entity and individual to serve, to drafting a legally sufficient notice with a “sum certain,” to meeting the one-year statute of limitations for the lawsuit, every step demands precision and legal expertise.

The complexities of proving negligence, gathering evidence from uncooperative government agencies, and calculating the full scope of a family’s loss add further layers of difficulty. These are not cases that can be handled without deep knowledge of the specific laws governing claims against public entities. The government will be represented by skilled attorneys whose job is to protect the public treasury by defeating your claim on any available grounds, technical or otherwise.

If you are grieving the loss of a family member and suspect that the negligence of a city, county, or state agency was to blame, time is not on your side. The 180-day clock is running. The most important action you can take is to contact a qualified wrongful death attorney who has specific experience with government liability claims in Arizona. Seeking immediate legal counsel is the only way to ensure your rights are protected, the deadlines are met, and your family has the best possible opportunity to secure the justice and compensation you deserve. Contact us for free evaluation today.

Suing a City or Government Entity for Wrongful Death in AZ