Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1199
wrongful death action; attorney fees
Purpose
Requires a court to award reasonable attorney fees to a plaintiff who prevails in an action
for wrongful death against a long-term care facility.
Background
When death of a person is caused by wrongful act, neglect or default, and the act, neglect
or default is such that an injured party would have been entitled to maintain an action to recover
damages if death had not ensued, then the person or corporation which would have been liable if
death had not ensued is liable to an action for damages (A.R.S. § 12-611).
An action for wrongful death must be brought by and in the name of the surviving husband
or wife, child, parent or guardian, or personal representative of the deceased person for and on
behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf
of the decedent's estate. The statute of limitations for a wrongful death lawsuit is two years after
the cause of action (A.R.S. § 12-542 and 12-612).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a court to award reasonable attorney fees to a plaintiff who prevails in an action for
wrongful death against a long-term care facility.
2. Defines long-term care facility as an assisted living home, an assisted living facility or a
nursing care institution.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2023
ZD/SB/sr