Lost a Loved One Due to Someone Else's Negligence in Phoenix?

Nothing anyone says right now can lessen the pain of losing someone you love. Before thinking about legal claims, insurance, or liability, take the time you need. Lean on the people around you. The legal process can wait a few days — but not too long.

The information below is here for when you're ready. Understanding your rights doesn't mean you have to take action today. But knowing the deadlines and the process will help you make informed decisions when the time comes.

As difficult as it is, take steps now to preserve evidence that may be critical to a wrongful death claim. If the death resulted from a car accident, obtain a copy of the police or DPS crash report. If it resulted from medical malpractice, request the complete medical records. If it occurred at a workplace or on someone's property, photograph the scene if possible and preserve any relevant documents.

Do not dispose of the deceased person's personal effects, medical records, employment records, or financial documents. These will be needed to document the full economic and personal impact of the loss.

Arizona's wrongful death statute (A.R.S. § 12-611 through § 12-613) specifies who may bring a claim. A wrongful death lawsuit may be filed by the surviving spouse, the surviving child or children (if no spouse), the surviving parent or parents (if no spouse or children), the personal representative of the deceased person's estate (on behalf of the surviving family), or the guardian of any of the above parties.

If the deceased was a minor, the parents (or guardian) may file the claim. If there are multiple eligible parties (for example, a spouse and children), the claim is typically coordinated through a personal representative.

A wrongful death claim in Arizona requires proof that the death was caused by the wrongful act, neglect, or default of another person or entity, and that the death would have entitled the deceased person to bring a personal injury claim if they had survived (A.R.S. § 12-611).

In other words, if the deceased person could have sued for their injuries had they lived, their surviving family can bring a wrongful death claim based on the same negligence.

Common situations that give rise to wrongful death claims include car, truck, motorcycle, and pedestrian accidents caused by a negligent or impaired driver, medical malpractice (surgical errors, misdiagnosis, medication errors), workplace accidents (construction falls, industrial equipment failures, toxic exposure), defective products (vehicle defects, dangerous drugs, faulty equipment), premises liability (unsafe property conditions), and criminal acts (assaults, DUI homicides).

Arizona wrongful death claims allow surviving family members to recover compensation in two categories.

Damages for the surviving family include loss of the deceased person's expected income and financial support, loss of love, companionship, care, guidance, and consortium, grief, sorrow, and emotional suffering of the survivors, loss of the deceased person's household services and contributions, and funeral and burial expenses.

Damages to the deceased person's estate (pursued by the personal representative) include medical expenses incurred before death, pain and suffering experienced by the deceased before death, and lost earning capacity.

Arizona has no statutory cap on wrongful death damages — neither economic nor non-economic. In cases involving extreme negligence (such as drunk driving deaths), punitive damages may also be available, and Arizona has no cap on punitive damages either.

Under A.R.S. § 12-542(2), the statute of limitations for a wrongful death claim in Arizona is two years from the date of death — not the date of the incident that caused the death. This distinction matters in cases where the deceased survived for some period after the injury.

Government entity exception: If the death was caused by a government employee, a government vehicle, or a dangerous condition on government property, you must file a Notice of Claim within 180 days of the death (A.R.S. § 12-821.01). Missing this deadline bars the claim entirely. This is critically important — many wrongful death cases in Phoenix involve road conditions, public transit, or government-employed drivers.

Arizona's pure comparative fault system (A.R.S. § 12-2505) applies to wrongful death claims. If the deceased person was partially at fault for the incident that caused their death, the family's recovery is reduced by the deceased's percentage of fault — but the claim is not eliminated.

For example, if a pedestrian killed in a crosswalk was found 20% at fault for not looking both ways, the family's wrongful death award would be reduced by 20% — but they would still recover the remaining 80%. There is no bar threshold in Arizona.

Wrongful death cases are among the most complex and high-stakes personal injury claims. They require extensive investigation, expert testimony, detailed economic analysis, and sensitive handling of grieving families.

An experienced wrongful death attorney can investigate the cause of death and identify all liable parties, retain accident reconstruction experts, medical experts, and economic experts, calculate the full economic and personal value of the loss, handle all communication with insurance companies and defense attorneys, file within all applicable deadlines (including the 180-day government claim deadline), and take the case to trial if the insurance company refuses a fair settlement.

Most wrongful death attorneys work on contingency — you pay nothing unless they recover compensation for your family. Initial consultations are free and confidential.