When a claim exists
Arizona allows a wrongful death claim when a person's death is caused by someone else's wrongful act, neglect or default, and the person could have sued if they had lived (A.R.S. § 12-611). A claim can go forward even when the death was also a crime. Hazing that causes a death is a class 4 felony (A.R.S. § 13-1215(F)), but a civil claim does not wait for, or depend on, an arrest or a conviction.
Who can bring it
The claim can be brought by a surviving spouse, child or parent, or by the personal representative of the estate, for the benefit of the spouse, children or parents. If none of them survive, it is brought for the estate. Either parent may bring a claim for a child's death (A.R.S. § 12-612).
What the claim considers
A jury decides what damages are fair and just, and may take into account mitigating or aggravating circumstances (A.R.S. § 12-613). We don't predict what a case is worth.
Deadlines
When a deadline starts depends on the facts. A lawyer can tell you which ones apply. You don't have to decide anything today, and you can call us at your own pace.
Who may be responsible
See who can be responsible for hazing in Arizona. If you have just lost someone, the 48-hour checklist lists what to keep.
Quick answers
Can a family bring a claim if a student dies after hazing?
Yes, when the student could have sued had they lived (A.R.S. § 12-611). A death can also be the subject of a criminal case, and the civil claim is separate.
Who can bring a wrongful death claim in Arizona?
A surviving spouse, child or parent, or the personal representative of the person's estate. Either parent may bring a claim for a child's death (A.R.S. § 12-612).
How long do we have after a hazing death?
Generally two years from the date of death (A.R.S. § 12-542). If a public school or university is involved, a notice of claim is due within 180 days and a lawsuit within one year (A.R.S. §§ 12-821.01, 12-821).
Sources
- A.R.S. § 12-611 (Wrongful death)
- A.R.S. § 12-612 (Who may sue)
- A.R.S. § 12-613 (Damages)
- A.R.S. § 12-542 (Two-year deadline)
- A.R.S. § 12-821.01 (Notice of claim)
- A.R.S. § 13-1215 (Hazing)
More about hazing law in Arizona
- Your rights after hazing in Arizona
- What counts as hazing in Arizona
- Who can be responsible for hazing
- Hazing in high schools and on athletic teams
- Hazing at the University of Arizona
- Hazing at Arizona State University
- Hazing at Northern Arizona University
- What Arizona universities have published
- FAQs
- 48-hour checklist
Updated October 8, 2026. This page is general information, not legal advice. Laws change, and the right answer depends on the facts.