Arizona Wrongful Death Attorney
Losing a loved one is one of life’s most devastating experiences. When that loss results from another person’s negligence, recklessness, or wrongful conduct, the pain is compounded by the knowledge that the death was preventable. If you’ve lost a family member due to someone else’s actions in Arizona, you’re facing not only profound grief but also difficult decisions about your family’s future, mounting expenses, and the overwhelming question of where to turn for help.
At Eddington Law, our Arizona wrongful death attorneys understand the immense challenges you’re facing during this heartbreaking time. We’ve spent decades helping grieving families navigate the legal system while holding negligent parties accountable. We know that no amount of money can bring back your loved one, but pursuing a wrongful death claim can provide justice, prevent similar tragedies, and secure the financial resources your family needs to move forward.
With our Phoenix office conveniently located and our commitment to compassionate, personalized service, we’re here to guide you through this difficult process. We handle all legal complexities while you focus on grieving and healing. We fight aggressively to hold those responsible accountable and to secure maximum compensation for your family’s devastating loss.
Understanding Wrongful Death in Arizona
A wrongful death occurs when someone dies as a result of another person’s or entity’s negligent, reckless, or intentional actions. In Arizona, when wrongful conduct causes a death, surviving family members have the legal right to pursue compensation through a wrongful death lawsuit.
What Constitutes Wrongful Death?
Wrongful death claims can arise from virtually any situation where negligence or wrongful conduct causes a fatality:
Negligence: When someone fails to exercise reasonable care and that failure causes a death. Examples include distracted driving, medical errors, or failure to maintain safe premises.
Recklessness: When someone consciously disregards a substantial risk that their actions will cause harm. Examples include drunk driving, extreme speeding, or gross negligence.
Intentional Acts: When someone intentionally causes another’s death through assault, battery, or other violent crimes. Even if the perpetrator faces criminal charges, families can still pursue civil wrongful death claims.
Strict Liability: In some cases, such as defective products, defendants can be held liable regardless of fault or negligence.
The Purpose of Wrongful Death Claims
Wrongful death lawsuits serve several important purposes:
Justice: Holding those responsible accountable for their actions provides a sense of justice for grieving families.
Financial Security: Compensation helps families who have lost a provider’s income and support.
Prevention: Successful claims can force negligent parties to improve safety practices, potentially preventing future deaths.
Closure: The legal process, while difficult, can provide families with answers about what happened and why.
Common Causes of Wrongful Death in Arizona
Wrongful deaths in Arizona result from many types of accidents and negligence:
Motor Vehicle Accidents
Traffic accidents are one of the leading causes of wrongful death in Arizona:
- Car accidents: Caused by distracted driving, speeding, drunk driving, or reckless behavior
- Truck accidents: Commercial vehicle crashes often prove fatal due to the size disparity
- Motorcycle accidents: Riders are extremely vulnerable in collisions
- Pedestrian accidents: People struck while walking often suffer fatal injuries
- Bicycle accidents: Cyclists have no protection when struck by vehicles
- Hit-and-run accidents: Drivers who flee the scene after causing fatal crashes
Medical Malpractice
Healthcare provider negligence causes preventable deaths:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Anesthesia errors
- Birth injuries causing infant or maternal death
- Failure to diagnose or treat serious conditions
- Hospital-acquired infections
- Emergency room errors
Workplace Accidents
On-the-job fatalities occur in various industries:
- Construction accidents (falls, struck-by accidents, electrocutions)
- Industrial accidents
- Oil field and mining accidents
- Equipment failures
- Exposure to toxic substances
- Explosions and fires
When third parties (not your loved one’s employer) are responsible, wrongful death claims may be available in addition to workers’ compensation death benefits.
Premises Liability
Property owner negligence can cause fatal accidents:
- Slip and fall accidents
- Swimming pool drownings
- Inadequate security leading to fatal assaults
- Building collapses
- Fire code violations
- Negligent maintenance
Product Liability
Defective products cause thousands of deaths annually:
- Dangerous pharmaceuticals
- Defective medical devices
- Defective vehicles and vehicle parts
- Unsafe consumer products
- Defective industrial equipment
Nursing Home Abuse and Neglect
Elderly residents die due to:
- Neglect and failure to provide adequate care
- Physical abuse
- Medication errors
- Falls due to inadequate supervision
- Malnutrition and dehydration
- Untreated medical conditions
Recreational Accidents
Fatal accidents during recreational activities:
- Boating accidents
- Swimming and diving accidents
- ATV and off-road vehicle accidents
- Ski and snowboard accidents
- Sports-related deaths
Criminal Acts
Intentional violence and criminal negligence:
- Assault and battery
- Shootings
- Stabbings
- Bar and nightclub assaults due to inadequate security
- Domestic violence
Other Causes
- Dog attacks and animal bites
- Aviation accidents
- Train accidents
- Hazardous exposure
- Carbon monoxide poisoning
- Fires and explosions
No matter what caused your loved one’s death, if someone else’s negligence or wrongful conduct was responsible, we can help you pursue justice.
Who Can File a Wrongful Death Claim in Arizona?
Arizona law (A.R.S. § 12-612) specifies who has the legal right to bring a wrongful death lawsuit.
Who May File
Under Arizona law, the following parties may file a wrongful death claim:
The Deceased’s Personal Representative: Most commonly, the personal representative of the deceased’s estate files the wrongful death lawsuit. This is typically named in the will or appointed by the court.
Surviving Spouse: The deceased’s spouse has the right to pursue a wrongful death claim.
Children: The deceased’s children (including adopted children) may file if there is no surviving spouse.
Parents: If the deceased was a minor child or had no spouse or children, the parents may file.
Personal Representative for Heirs: Even when specific family members don’t file directly, a personal representative files on behalf of the estate and qualifying family members.
Who May Recover Damages
While only certain parties can file the lawsuit, damages are distributed to:
- Surviving spouse
- Surviving children
- Surviving parents (if no spouse or children)
- Other dependents in some cases
The specific distribution depends on Arizona law and the deceased’s family situation.
Relationship to Survival Actions
Arizona also allows “survival actions” (A.R.S. § 14-3110) which are separate from wrongful death claims. Survival actions recover damages the deceased could have claimed if they had lived, such as medical expenses and pain and suffering before death. These become part of the deceased’s estate.
Damages Available in Arizona Wrongful Death Cases
Arizona law allows recovery of various types of damages in wrongful death cases:
Economic Damages
Lost Financial Support: The income and financial contributions your loved one would have provided to the family over their expected lifetime. This includes:
- Lost wages and salary
- Lost benefits (health insurance, retirement contributions)
- Lost business income
- Future earning capacity
Funeral and Burial Expenses: All costs associated with your loved one’s funeral, burial or cremation, memorial service, and related expenses.
Medical Expenses: Medical bills incurred before death, including emergency care, hospitalization, surgery, and other treatment.
Loss of Household Services: The value of household services your loved one provided, such as childcare, home maintenance, cooking, and other contributions.
Estate Administration Costs: Reasonable expenses of administering the wrongful death claim and estate.
Non-Economic Damages
Loss of Companionship and Consortium: Compensation for the loss of your loved one’s:
- Love, companionship, comfort, and affection
- Care, assistance, and protection
- Moral support and guidance
- Society and companionship
- Sexual relations (for surviving spouses)
Loss of Guidance and Training: For children who lost a parent, compensation for the loss of parental guidance, training, and education.
Pain and Suffering of Survivors: The emotional pain, anguish, and suffering experienced by family members due to the loss.
Grief and Mental Anguish: The psychological impact of losing your loved one.
Arizona does not cap non-economic damages in most wrongful death cases (except medical malpractice), allowing juries to award appropriate compensation based on the full extent of your family’s loss.
Punitive Damages
When the defendant’s conduct was particularly egregious—such as drunk driving, extreme recklessness, or intentional harm—Arizona courts may award punitive damages designed to punish the wrongdoer and deter similar conduct. Punitive damages are awarded in addition to compensatory damages.
Survival Action Damages
Through a survival action, the estate can recover:
- The deceased’s pain and suffering before death
- Medical expenses before death
- Lost wages between injury and death
- Property damage
The value of a wrongful death claim depends on many factors: your loved one’s age, earning capacity, health, life expectancy, the nature of the relationships with survivors, the number of dependents, the strength of evidence, and the defendant’s conduct. Our experienced attorneys thoroughly evaluate all aspects of your case to pursue maximum compensation.
Arizona Wrongful Death Laws and Time Limits
Understanding Arizona’s wrongful death laws is crucial to protecting your rights.
Statute of Limitations
Arizona law (A.R.S. § 12-542) generally provides two years from the date of death to file a wrongful death lawsuit. This deadline is strictly enforced—missing it typically means losing your right to pursue compensation forever.
Important exceptions and considerations:
- Discovery rule: In some cases, if the cause of death wasn’t immediately apparent, the clock may start when the cause was discovered or should have been discovered.
- Minor children: If minor children are beneficiaries, they may have until two years after turning 18 to file, but other family members’ claims are still subject to the two-year deadline.
- Government defendants: If a government entity or employee caused the death, you must file a notice of claim within 180 days (six months) before you can file a lawsuit.
- Medical malpractice: Has its own specific rules and deadlines.
Because wrongful death cases involve complex legal issues, investigations, and multiple parties, it’s crucial to contact an attorney immediately. Evidence can disappear, witnesses’ memories fade, and investigations take time.
Comparative Fault in Wrongful Death Cases
Arizona follows “pure comparative negligence” rules. If your loved one was partially at fault for the accident that caused their death, the damages will be reduced by their percentage of fault. However, this doesn’t bar recovery—even if your loved one was 99% at fault, you can still recover 1% of damages.
Defendants will often try to shift blame to the deceased to reduce their liability. An experienced attorney fights to minimize assigned fault and maximize your recovery.
Wrongful Death vs. Criminal Cases
Wrongful death lawsuits are civil cases, separate from any criminal charges. Important distinctions:
Different Burdens of Proof: Criminal cases require proof “beyond a reasonable doubt,” while civil cases require only a “preponderance of the evidence” (more likely than not). This means you can win a wrongful death case even if criminal charges weren’t filed or resulted in acquittal.
Different Purposes: Criminal cases punish wrongdoers and protect society; civil cases compensate families for their losses.
Different Outcomes: Criminal cases result in incarceration, fines, or probation; civil cases result in monetary compensation.
Independence: You can pursue a wrongful death claim regardless of criminal case outcomes.
The Wrongful Death Claims Process in Arizona
While every case is unique, wrongful death claims generally follow this process:
Step 1: Initial Consultation
We meet with your family to discuss what happened, review available information, answer your questions, and explain your legal options. This consultation is free and confidential.
Step 2: Investigation
We conduct a comprehensive investigation to determine what happened and who is liable:
- Obtaining accident reports, medical records, and death certificates
- Interviewing witnesses
- Consulting with experts (accident reconstructionists, medical experts, economists)
- Reviewing employment records, financial documents, and other relevant information
- Identifying all potentially liable parties
- Determining available insurance coverage
Step 3: Filing the Claim
We file the wrongful death lawsuit on behalf of the estate or qualifying family members, identifying all defendants and allegations.
Step 4: Discovery
Both sides exchange information through:
- Written interrogatories
- Document requests
- Depositions (recorded testimony under oath)
- Expert witness disclosures
Step 5: Negotiation and Settlement Discussions
Many wrongful death cases settle before trial. We negotiate aggressively with defendants and their insurance companies to secure fair compensation. We never settle for less than your family deserves.
Step 6: Trial (If Necessary)
If settlement negotiations fail, we’re fully prepared to present your case to a jury. We have extensive trial experience and the skills to effectively advocate for your family in court.
Step 7: Resolution
Whether through settlement or trial verdict, we work to secure maximum compensation for your family. We handle distribution to appropriate beneficiaries according to Arizona law.
Throughout this process, we handle all legal complexities while keeping your family informed and supported. We understand this is an incredibly difficult time, and we work to minimize additional stress while pursuing justice on your behalf.
Why Families Trust Eddington Law for Wrongful Death Cases
Choosing the right attorney during this difficult time is crucial. Here’s why Arizona families trust us with their wrongful death claims:
Compassionate, Personalized Service
We treat your family with the dignity, respect, and compassion you deserve during this heartbreaking time. You’re not just a case number—you’re a family who has suffered an unimaginable loss, and we’re here to support you.
Decades of Experience
We’ve spent decades representing families in wrongful death cases. We understand the legal complexities, know how to build strong cases, and have a proven track record of results.
Thorough Investigation
We conduct comprehensive investigations to uncover the truth about what happened and identify all responsible parties. We work with leading experts to build compelling cases.
Aggressive Advocacy
While we treat your family with compassion, we’re aggressive advocates against those responsible for your loss. We fight relentlessly to hold negligent parties accountable and secure maximum compensation.
No Upfront Costs
We handle wrongful death cases on a contingency fee basis. You pay nothing upfront, and we only get paid if we successfully recover compensation for your family. During this difficult time, you shouldn’t have to worry about legal fees.
Trial Experience
We’re not afraid to take cases to trial when necessary. Defendants and their insurers know we have the skills and resources to win in court, which often motivates fair settlements.
Maximizing Recovery
We thoroughly evaluate all aspects of your loss to pursue maximum compensation. We work with economists, life care planners, and other experts to accurately calculate your family’s damages.
Protecting Your Interests
We handle all legal complexities, deal with insurance companies, and protect your family from tactics designed to reduce compensation or pressure you into inadequate settlements.
Phoenix Office Convenience
Our Phoenix office is conveniently located to serve families throughout Arizona during this difficult time.
Communication and Support
We keep you informed throughout the process, answer your questions promptly, and provide the support your family needs during this challenging journey.
Common Challenges in Wrongful Death Cases
Wrongful death claims involve unique challenges that require experienced legal representation:
Proving Liability
You must prove that the defendant’s negligence or wrongful conduct caused your loved one’s death. This often requires extensive investigation, expert testimony, and compelling evidence.
Dealing with Multiple Defendants
Many wrongful death cases involve multiple potentially liable parties. Identifying all defendants and their respective responsibilities is crucial to maximizing recovery.
Calculating Damages
Accurately valuing the loss of a human life is one of the most difficult aspects of wrongful death cases. It requires careful analysis of financial contributions, life expectancy, family relationships, and intangible losses.
Insurance Company Tactics
Insurance companies use various strategies to minimize payouts:
- Disputing liability
- Claiming the deceased was at fault
- Undervaluing damages
- Offering quick, lowball settlements
- Delaying the process
Emotional Toll
The legal process can be emotionally exhausting for grieving families. Having an attorney who handles legal stress while supporting you emotionally is invaluable.
Time Pressures
Strict deadlines require prompt action even as families are dealing with grief and funeral arrangements.
We understand these challenges and know how to overcome them to secure justice and maximum compensation for your family.
Frequently Asked Questions About Arizona Wrongful Death Claims
How long do I have to file a wrongful death claim in Arizona?
Generally, you have two years from the date of death to file a lawsuit. If a government entity is involved, you must file a notice of claim within 180 days. Don’t wait—contact us immediately to protect your rights.
Who can file a wrongful death lawsuit in Arizona?
The personal representative of the deceased’s estate, surviving spouse, children, or parents (in certain circumstances) can file. An attorney can help determine who has the legal right to file in your situation.
What damages can we recover?
You may recover lost financial support, funeral expenses, medical bills, loss of companionship, grief and mental anguish, and potentially punitive damages. The specific damages depend on your family’s circumstances.
What if my loved one was partially at fault?
Under Arizona’s comparative negligence rule, you can still recover damages even if your loved one was partially responsible. The recovery will be reduced by their percentage of fault.
Can we file a wrongful death claim if there were no criminal charges?
Yes. Wrongful death lawsuits are civil cases, separate from criminal proceedings. You can file even if no criminal charges were filed or if criminal charges resulted in acquittal.
How long does a wrongful death case take?
Every case is different. Some settle within months, while complex cases may take a year or more. We work as efficiently as possible while ensuring your family receives full compensation.
What if we can’t afford a lawyer?
You can afford us. We work on contingency—no upfront fees, and we only get paid if we win your case. Your consultation is completely free.
Should we accept the insurance company’s settlement offer?
Never accept any settlement without first consulting an experienced wrongful death attorney. Initial offers are almost always far below what your family deserves.
What if the person responsible doesn’t have insurance?
We explore all available sources of compensation, including the defendant’s personal assets, your own insurance policies, and potentially liable third parties.
How is the compensation distributed among family members?
Arizona law determines how damages are distributed among qualifying family members. An attorney can explain how this applies to your specific situation.
Taking the First Step: Contact Us Today
Losing a loved one due to someone else’s negligence is devastating. During this incredibly difficult time, the last thing you should have to worry about is navigating the legal system alone. You need compassionate, experienced legal representation that will fight for justice while supporting your family every step of the way.
At Eddington Law, we’ve spent decades helping Arizona families through the wrongful death claims process. We understand the pain you’re experiencing, and we’re here to shoulder the legal burden so you can focus on grieving and healing. We fight aggressively to hold those responsible accountable and to secure the compensation your family needs and deserves.
Time is critical in wrongful death cases. Evidence can disappear, witnesses’ memories fade, and strict legal deadlines approach quickly. The sooner you contact us, the better we can protect your rights and build a strong case.
Your consultation is completely free and confidential. We’ll listen to your story with compassion, answer all your questions, explain your legal options, and give you an honest assessment of your case. You have nothing to lose and everything to gain.
You don’t have to face this alone. Contact Eddington Law today:
- Call our Phoenix office for a compassionate consultation
- Visit eddington.law to learn more about our firm
- Stop by our Phoenix office to meet with us in person
We serve families throughout Arizona, including:
- Phoenix
- Scottsdale
- Tempe
- Mesa
- Chandler
- Glendale
- Peoria
- Gilbert
- Surprise
- Tucson
- Flagstaff
- And all surrounding communities
During this painful time, let us fight for justice on your behalf.
No fees unless we win. Call today.
We’re here to support your family, hold negligent parties accountable, and pursue the justice and maximum compensation your loved one’s memory deserves.