Arizona Wrongful Death Attorney

Our team understands the emotional and financial toll a wrongful death can take, and we are committed to supporting you through every stage of the legal journey. Contact National Injury Help today and let us assist you in holding the responsible party accountable for the harm they’ve caused.

Losing a loved one is devastating under any circumstances, but when that loss is caused by someone else’s negligence or wrongful actions, the pain is compounded by a sense of injustice. In Arizona, families dealing with the aftermath of a fatal accident may have the legal right to pursue a wrongful death claim and hold the responsible party accountable.

Whether your loved one was killed in a car crash on I-10 near downtown Phoenix, a pedestrian collision on Speedway Boulevard in Tucson, or due to medical negligence in a local hospital, legal action may help bring closure, financial relief, and justice.

An experienced Arizona wrongful death attorney can help you navigate this difficult process, protect your family’s rights, and ensure you’re not left to shoulder the burden alone. Wrongful death cases are about more than compensation, they’re about honoring the life that was lost and demanding accountability from those who caused preventable harm.

What Is Wrongful Death Under Arizona Law?

In legal terms, a wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional misconduct. Arizona law allows certain surviving family members to file a claim when a person’s death could have been avoided if reasonable care had been taken.

Common examples of fatal incidents that may justify legal action include:

• A fatal rear-end crash on Loop 101 caused by distracted driving
• A pedestrian struck and killed in a crosswalk on Van Buren Street
• A fatal injury due to a defective product or unsafe machinery
• Medical errors in Tucson hospitals leading to preventable deaths

Whether the accident happened on the busy streets of Phoenix or in a quiet Tucson neighborhood, the legal path forward often involves complex legal issues that require professional guidance.

Why Families Turn to a Wrongful Death Attorney

After an unexpected death, families often face mounting expenses, unanswered questions, and emotional distress. A Phoenix fatal accident lawyer or a legal professional familiar with Tucson wrongful death lawsuits can help with:

• Investigating the cause of the fatal incident
• Identifying all liable parties, including individuals, corporations, or public entities
• Pursuing maximum compensation for funeral costs, lost income, and emotional suffering

This initial step, choosing the right attorney, can make a lasting difference in your family’s future and the outcome of your claim.

What Qualifies as a Wrongful Death in Arizona?

Wrongful death is a legal term used when someone’s life is taken due to another party’s negligence, recklessness, or intentional act. In Arizona, this type of claim allows surviving family members to seek justice and financial compensation when their loved one’s death could have and should have been prevented.

The goal of a wrongful death claim isn’t only about money; it’s about accountability, closure, and ensuring that similar tragedies don’t happen to other families.

Arizona’s Legal Definition of Wrongful Death

Under Arizona Revised Statutes § 12-611, a wrongful death occurs when a person dies due to the “wrongful act, neglect or default” of another person or entity, and the deceased would have been entitled to bring a personal injury claim had they survived. In other words, if the deceased could have filed a lawsuit for damages had they lived, then their surviving relatives may have the right to pursue a wrongful death claim on their behalf.

This legal structure is similar to personal injury law, but with the claim being transferred to eligible survivors. The claim can be filed by close family members or the personal representative of the deceased’s estate.

Common Situations That May Qualify as Wrongful Death

Arizona courts recognize many types of fatal accidents as grounds for a wrongful death lawsuit. These claims span a wide range of incidents and involve both individuals and corporations.

Some of the most common examples include:

• Motor Vehicle Accidents: A driver speeding through a red light at 19th Avenue and Camelback Road in Phoenix, killing another driver or pedestrian.
• Pedestrian and Bicycle Collisions: A distracted driver striking a pedestrian in a crosswalk on Tucson’s Congress Street.
• Medical Malpractice: A healthcare provider’s failure to diagnose a serious condition in time, leading to a preventable death.
• Defective Products: A malfunctioning airbag or an unsafe children’s toy causing a fatal injury.
• Workplace Accidents: Lack of proper safety equipment on a construction site in Mesa or Tempe.

In each case, the common thread is that the victim’s death was caused by someone’s failure to act with reasonable care or by a dangerous, intentional decision.

Intentional Acts and Criminal Conduct

Not all wrongful deaths result from accidents or negligence. In some cases, the death may be the result of a criminal act such as assault, murder, or vehicular homicide. Even if the defendant is facing criminal prosecution, the surviving family members may still file a civil wrongful death lawsuit.

Civil and criminal cases are entirely separate under the law:

• Criminal cases are prosecuted by the state and may result in jail time or fines.
• Civil wrongful death claims are brought by the victim’s family and focus on monetary compensation.

This means you can pursue a wrongful death lawsuit in Arizona even if no criminal charges are filed, or even if the defendant is found not guilty in criminal court.

Was the Death “Wrongful”? Ask an Attorney

Determining whether a death qualifies as “wrongful” under Arizona law can be complex. If your loved one was killed under suspicious, preventable, or negligent circumstances, speaking with an Arizona wrongful death attorney can help clarify your rights and next steps. An attorney can evaluate the facts, identify liable parties, and guide your family through this difficult and emotional legal process.

Who Can File a Wrongful Death Lawsuit in Arizona?

In Arizona, not just anyone can bring a wrongful death claim on behalf of a deceased individual. State law strictly defines who has the legal standing to file this type of lawsuit. Understanding who can take action, and on what basis, is a critical first step in pursuing justice and compensation for the loss of a loved one.

If you’ve lost a family member in a preventable incident, knowing your rights can help you act quickly and decisively.

Eligible Family Members Under Arizona Law

According to Arizona Revised Statutes § 12-612, a wrongful death claim may be brought by certain surviving family members or by the personal representative of the deceased person’s estate. The law gives priority to immediate family members and those most directly impacted by the loss.

Eligible parties include:

• The surviving spouse of the deceased
• The surviving children (biological or legally adopted)
• The surviving parents or guardians, if no spouse or children exist
• The personal representative of the deceased’s estate (often named in a will or appointed by the court)

If none of the above individuals are available or willing to bring the claim, the estate itself can still pursue the lawsuit through its designated representative. This individual acts on behalf of all potential beneficiaries.

Claims on Behalf of the Estate vs. Individual Survivors

There are two primary categories of wrongful death claims in Arizona: those filed on behalf of individual survivors and those filed on behalf of the estate. The type of damages sought may differ depending on who is filing.

• Individual survivors may recover compensation for their emotional loss, grief, and financial hardship.
• The estate may pursue damages related to the deceased’s pain and suffering before death, medical bills, and funeral expenses.

In some cases, both types of claims may be pursued at the same time. A qualified Arizona wrongful death attorney can help determine the best approach based on your family’s circumstances and goals.

Legal Support for Grieving Families

Filing a wrongful death lawsuit in Arizona is emotionally difficult and legally complex. Working with an attorney ensures that all eligible parties are properly represented and that the claim is handled with compassion and care.

Proving Liability in a Wrongful Death Claim

To succeed in a wrongful death claim in Arizona, it’s not enough to simply show that a loved one has died. The law requires surviving family members or a personal representative to prove that someone else’s negligence, recklessness, or intentional act directly caused that death. This involves meeting specific legal elements and presenting credible, compelling evidence.

Whether your family member was killed in a collision on I-17 near Phoenix or a workplace accident in Tucson, establishing liability is one of the most crucial steps in the legal process.

The Four Legal Elements of a Wrongful Death Case

Wrongful death claims are rooted in personal injury law. The main difference is that the injured person is no longer able to pursue legal action themselves. Instead, their survivors take on that responsibility. To prove liability, the following four elements must be established:

• Duty of Care: The first step is demonstrating that the defendant owed a duty of care to the deceased. This could be a driver’s duty to operate their vehicle safely, a doctor’s obligation to follow accepted medical standards, or an employer’s responsibility to maintain a safe work environment.
• Breach of Duty: The next step is showing that the defendant violated or failed to meet that duty. For example, a distracted driver who runs a red light at 7th Avenue and Thomas Road has breached their duty to drive attentively and obey traffic laws.
• Causation: The plaintiff must prove that this breach of duty directly caused the death. Medical records, accident reconstructions, and expert testimony may all be used to connect the defendant’s actions to the fatal outcome.
• Damages: Finally, the death must have caused measurable harm, financial, emotional, or both, to the survivors or the estate. This may include funeral expenses, loss of income, emotional suffering, and other related damages.

Types of Evidence Used to Prove Liability

Successfully proving liability in an Arizona wrongful death lawsuit often depends on the quality of evidence presented. Experienced attorneys gather extensive documentation to support every element of the case.

Important types of evidence may include:

• Accident reports and police documentation
• Medical records and death certificates
• Witness statements and surveillance footage
• Expert analysis, including accident reconstruction or medical expert testimony
• Photos of the scene, vehicle damage, or dangerous conditions

In more complex cases, such as those involving defective products or corporate negligence, an attorney may also obtain internal safety reports, maintenance logs, or black box data.

What If the Victim Was Partially at Fault?

Arizona uses a pure comparative negligence system. This means that even if the deceased was partially responsible for the accident, the family can still pursue compensation. However, any award will be reduced by the percentage of fault attributed to the victim. For example, if your loved one was found 30% at fault for a fatal accident, and total damages are $500,000, the compensation would be reduced to $350,000.

Insurance companies often try to shift the blame in wrongful death claims. A skilled Arizona wrongful death attorney can push back, present strong evidence, and protect your family’s right to full and fair compensation.

Compensation for Wrongful Death in Arizona

When a loved one dies because of another party’s negligence, the surviving family members not only suffer profound emotional pain but may also face overwhelming financial burdens. Arizona law allows certain individuals to seek compensation through a wrongful death lawsuit, offering a path to both accountability and financial relief.

While no amount of money can ever replace a lost family member, compensation can ease the hardships that follow a tragic and unexpected loss.

Types of Compensation Available in Arizona Wrongful Death Cases

In Arizona, wrongful death compensation is divided into two categories: damages awarded to the deceased’s estate and damages awarded to surviving family members. Each category covers different types of losses and may be pursued depending on who brings the claim.

Estate-Related Damages

These damages are typically recovered by the personal representative of the deceased’s estate and are meant to compensate for losses suffered by the decedent before death.

They may include:

• Medical expenses incurred before the individual passed
• Funeral and burial costs
• Pain and suffering experienced by the deceased before death
• Lost wages and benefits the deceased would have earned

Survivor Damages

These are damages awarded directly to the deceased’s surviving spouse, children, or parents. They are intended to compensate for the personal losses suffered by the surviving family members.

These may include:

• Loss of the deceased’s love, companionship, and care
• Emotional pain, grief, and suffering
• Loss of household services, guidance, and parental support
• Loss of the deceased’s expected financial contributions

The amount of compensation can vary significantly based on the circumstances of the case, the age and health of the deceased, their earnings, and the relationship between the deceased and the surviving family members.

Is There a Cap on Wrongful Death Damages in Arizona?

Arizona does not place a cap on damages in wrongful death lawsuits, even in cases involving non-economic damages like grief and emotional distress. This means juries are free to award whatever amount they believe is fair and just based on the evidence presented.

In particularly egregious cases, such as deaths caused by gross negligence or intentional misconduct, punitive damages may also be awarded. These damages are designed to punish the wrongdoer and deter similar behavior in the future.

Determining the Value of a Wrongful Death Claim

Calculating the value of a wrongful death claim is a complex process that requires an understanding of legal standards, financial projections, and the emotional impact of the loss. A skilled Arizona wrongful death attorney can work with economists, medical experts, and grief counselors to build a comprehensive case for maximum compensation.

Each case is unique, but an attorney’s role is to ensure that every possible loss is considered and that the surviving family is not shortchanged by insurance companies looking to minimize payouts.

In the wake of a preventable tragedy, whether from a fatal crash on I-10 or medical negligence at a Tucson hospital, pursuing compensation is not just about money. It’s about honoring your loved one’s memory and securing a more stable future for those left behind.

Time Limits to File: Statute of Limitations in Arizona

Filing a wrongful death lawsuit is not something most families are prepared to do immediately after the loss of a loved one. The emotional trauma, funeral arrangements, and financial stress can be overwhelming.

However, Arizona law imposes a strict deadline for taking legal action, known as the statute of limitations. Missing this deadline can permanently bar you from recovering compensation, no matter how strong your case may be. Understanding and acting within these time limits is essential for protecting your rights.

Arizona’s Statute of Limitations for Wrongful Death Claims

Under Arizona Revised Statutes § 12-542, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. This deadline applies whether the death resulted from a car accident, medical malpractice, a defective product, or any other negligent act.

This two-year period typically begins on the day the person died, not the date of the accident or negligent act (if they differ). It applies to both individual claims brought by family members and claims filed by the deceased’s estate.

Exceptions That May Extend or Shorten the Deadline

While two years is the general rule, there are a few exceptions that can affect how the statute of limitations is calculated:

• Claims against government entities: If a wrongful death was caused by a government employee or agency, such as a public hospital or a city bus driver, you must file a notice of claim within 180 days, and the lawsuit must be filed within one year.
• Delayed discovery of negligence: In rare cases, the two-year clock may begin when the surviving family discovers, or should have discovered, that negligence caused the death.

Because these exceptions can be legally complex, it’s wise to consult with an attorney as early as possible to avoid any missteps.

Why Acting Quickly Matters

Even if you believe you have plenty of time, delays can weaken your case. Critical evidence may be lost, witnesses’ memories may fade, and insurance companies may become more difficult to deal with. A qualified Arizona wrongful death attorney can help you meet all necessary deadlines and build a strong case from the start.

How an Arizona Wrongful Death Attorney Can Help

Losing a loved one to someone else’s negligence is a heartbreaking and life-altering experience. During such a painful time, the legal process may feel overwhelming, especially when you’re faced with medical bills, funeral expenses, and the emotional burden of grief.

That’s where an experienced Arizona wrongful death attorney becomes invaluable. From handling the legal complexities to pursuing justice on your behalf, an attorney serves as both a guide and advocate through one of life’s most difficult moments.

Guiding You Through Arizona’s Legal System

Wrongful death claims in Arizona involve specific legal procedures, statutes, and deadlines. Filing the correct paperwork, identifying liable parties, and understanding Arizona’s wrongful death laws can be daunting for someone without legal experience. An attorney ensures that your claim is filed properly, meets all legal requirements, and adheres to the state’s two-year statute of limitations.

They’ll also explain your rights under Arizona law, walk you through what to expect, and keep you informed every step of the way. This kind of clarity and support can offer real peace of mind when everything else feels uncertain.

Investigating the Cause of Death and Gathering Evidence

Proving liability in a wrongful death case requires strong, persuasive evidence. Your attorney will conduct a thorough investigation to determine how the fatal incident occurred and who should be held responsible. This may include gathering:

• Accident reports and medical records
• Eyewitness statements and video surveillance
• Expert opinions from accident reconstructionists, medical professionals, or financial analysts
• Employment and wage data to calculate lost income

Whether the death occurred on I-10 in Phoenix due to a reckless driver or as a result of a fatal slip-and-fall in a Tucson business, a wrongful death attorney will build a detailed case that shows exactly how negligence led to your loved one’s death.

Valuing and Pursuing Maximum Compensation

Families often underestimate the long-term impact of a wrongful death. An experienced attorney will help assess the full range of damages you’re entitled to, including economic and non-economic losses. These may include:

• Funeral and burial costs
• Loss of financial support
• Emotional suffering and loss of companionship
• Medical bills incurred before death
• Loss of household services

By working with economists and other experts, your lawyer will make sure your family’s current and future needs are fully considered.

Dealing with Insurance Companies and Opposing Counsel

Insurance companies often aim to protect their bottom line, not your family’s future. They may offer quick settlements that fall far short of what you truly deserve. A wrongful death attorney will handle all communication with insurers and opposing counsel, ensuring that your rights are protected and that no lowball offers go unchallenged.

Fighting for Justice in Court if Necessary

While many wrongful death claims are settled out of court, some require litigation. If that happens, your attorney will be ready to represent you at trial, presenting a compelling case before a judge or jury. With an advocate by your side, your family won’t have to face these battles alone.

What to Expect During the Legal Process

Filing a wrongful death lawsuit in Arizona can be emotionally overwhelming, especially while grieving a profound loss. However, understanding what to expect can make the legal process feel more manageable. With the help of an experienced Arizona wrongful death attorney, families can navigate each step with confidence and clarity. While every case is different, most wrongful death claims follow a similar progression from consultation to resolution.

Initial Consultation and Case Evaluation

The process begins with a free consultation, where the attorney will review the circumstances surrounding your loved one’s death. During this meeting, you’ll have the opportunity to share what happened, ask questions, and learn whether you have a viable claim. If the attorney believes there is a strong legal basis for the lawsuit, they will begin the process of investigating and building your case.

Investigation and Evidence Gathering

After taking on your case, your attorney will begin an in-depth investigation to determine how the death occurred and who is legally responsible. This stage may involve:

• Obtaining police reports, medical records, and autopsy findings
• Interviewing witnesses and securing surveillance footage
• Consulting with experts in accident reconstruction or medical care
• Reviewing employment records and financial documents for damage analysis

This evidence becomes the foundation of your claim and is critical for proving liability and the value of your losses.

Filing the Lawsuit and Pre-Trial Proceedings

Once your attorney has gathered sufficient evidence, they will formally file the wrongful death lawsuit in court. After filing, the case enters the discovery phase, where both sides exchange evidence and take depositions. This phase may take several months, depending on the complexity of the case and the court’s schedule.

During this time, your attorney may also negotiate with the defendant’s insurance company to reach a fair settlement.

Settlement or Trial

Many wrongful death cases settle before reaching trial, allowing families to avoid the stress and unpredictability of court. If a fair settlement cannot be reached, your attorney will be prepared to present your case in court. A trial may involve:

• Opening statements and witness testimony
• Presentation of evidence and expert opinions
• Closing arguments and jury deliberation

Whether through settlement or trial, your lawyer’s goal is to secure justice and full compensation for your loss.

Frequently Asked Questions

Can a wrongful death lawsuit be filed if the at-fault party is already facing criminal charges?
Yes. A wrongful death lawsuit is a civil action, entirely separate from any criminal proceedings. Even if the responsible party is being prosecuted for crimes like vehicular homicide or manslaughter, surviving family members can still file a civil claim to recover compensation. Civil lawsuits often proceed regardless of the outcome of a criminal trial. The burden of proof in civil cases, preponderance of the evidence, is lower than in criminal court, where guilt must be proven beyond a reasonable doubt.

What happens if multiple family members want to file a wrongful death claim?
Arizona law allows only one wrongful death lawsuit to be filed for each decedent, even if there are multiple eligible survivors. In cases where several family members have a claim, such as a spouse and children, the lawsuit is usually filed by a personal representative, who brings the claim on behalf of all beneficiaries. Any compensation awarded is then distributed according to each party’s loss, as determined by the court or through settlement negotiation.

Can I still file a wrongful death claim if my loved one was partially at fault for the accident?
Yes. Arizona follows a pure comparative negligence rule, which means that fault can be shared between parties. If your loved one was partially responsible for the incident that caused their death, your family can still recover compensation, but the total award will be reduced by the percentage of fault assigned to the deceased. For example, if they were 20% at fault, your family could still receive 80% of the awarded damages.

How long does a wrongful death case usually take?
The timeline for a wrongful death case varies depending on the complexity of the claim, the amount of evidence involved, and whether the case goes to trial. Some cases resolve in a few months through settlement negotiations, while others can take a year or more if litigation is required. Your Arizona wrongful death attorney can give you a better idea of the expected timeline based on the specifics of your case.

Will we have to go to court?
Not always. Many wrongful death cases are resolved through out-of-court settlements. However, if the at-fault party refuses to offer fair compensation, your attorney may recommend taking the case to trial to pursue the full value of your claim.

Contact National Injury Attorneys Today

Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or wrongdoing. While nothing can truly make up for your loss, taking legal action can provide financial relief, accountability, and a sense of justice. An experienced Arizona wrongful death attorney can guide you through every step of the process with compassion and dedication, ensuring your family’s rights are protected.

Call National Injury Help today at 1 (800) 214-1010 to schedule your free consultation. We’re here to help you seek justice and secure the compensation your family deserves, so you can focus on healing and honoring your loved one’s memory.