Arizona · Personal injury · Trial-ready representation
Arizona wrongful death claims for surviving spouses, children, and parents — when the loss of a loved one was caused by another's negligence or wrongful act.
A wrongful death claim does not bring your loved one back, and we’ll never tell you it does. What it can do is hold the responsible party accountable, replace lost income and support, and give surviving family members the time and financial breathing room to grieve without losing their footing. Arizona’s wrongful death statute is specific about who may file and how — and the deadlines are strict.
What Arizona families need to know
Under Arizona law, a death is “wrongful” when it was caused by another person or entity’s wrongful act, neglect, or default — and the deceased could have brought a personal injury claim if they had survived. The legal question isn’t whether anyone meant to cause harm. It’s whether someone’s negligent or unlawful conduct led to a death that could otherwise have been avoided.
Fatal motor vehicle crashes
Cars, trucks, motorcycles, pedestrians, bicycles, rideshare.
Drunk and impaired driving deaths
Often supports compensatory and punitive damages.
Commercial trucking fatalities
Federal regulations, multiple defendants, large policies.
Work-site and construction deaths
Third-party liability beyond workers' compensation.
Premises liability fatalities
Falls, drowning incidents, inadequate security, fires.
Defective products
Vehicles, machinery, consumer goods — manufacturer accountability.
Medical malpractice
Negligent diagnosis, treatment errors, surgical complications.
Nursing home neglect
Falls, sepsis, untreated infections, malnutrition.
Arizona law identifies specific people who have the legal right to bring a wrongful death lawsuit. The order matters:
Surviving spouse
Has the first right to file and represents the family's combined interests.
Surviving children
May file individually or through the spouse if any.
Surviving parents (if no spouse or children)
Including parents of a deceased adult child.
Personal representative of the estate
When none of the above apply — typically the executor or court-appointed administrator.
A single wrongful death action covers all eligible beneficiaries. That structure prevents conflicting suits but means the people involved need to coordinate from the start — another reason early legal help matters.
Arizona courts recognize a wide range of damages, both economic and non-economic. The specific categories depend on each family member’s relationship to the decedent.
Lost financial support
Income and benefits the decedent would have provided over their working life.
Loss of household services
Childcare, home maintenance, caregiving and other unpaid work.
Loss of companionship and consortium
For surviving spouses — the loss of partnership and intimacy.
Loss of guidance, care, and affection
For surviving children — particularly minors.
Loss of a child's love and companionship
For surviving parents.
Mental anguish and grief
The personal toll on each surviving family member.
Funeral and burial expenses
Reasonable costs of laying your loved one to rest.
Medical expenses before death
Through a parallel survival action by the estate.
Punitive damages
In cases of intentional, reckless, or grossly negligent conduct.
Two years from the date of death in most cases.
When a public entity (city, county, state) is involved.
Contingency fee — we are paid only from a recovery.
What to expect
Family conversation
A confidential meeting with the family to understand the loss, identify beneficiaries, and explain the legal process at your pace.
Investigation
Independent reconstruction, evidence preservation, witness interviews, expert review — completed before evidence disappears.
Probate and beneficiaries
Coordinating with any probate proceeding and confirming who is entitled to participate in the claim.
Demand and negotiation
A documented demand to the responsible party's insurer, supported by economic, vocational, and medical experts as needed.
Litigation when needed
Filing suit, depositions, mediation, and trial. We prepare every wrongful death case as though it will be tried.
Distribution
Settlement or judgment proceeds are allocated among beneficiaries under Arizona law and approved by the court when required.
An action for wrongful death “shall 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.”
There is no good time to think about a lawsuit after losing someone. But the deadlines are real, and the early evidence — vehicle data, witness memories, scene conditions, treatment records — is the most important evidence in the case. A short, no-pressure conversation early on protects your right to act later, even if you decide to wait.
Free consultation
Tell us about your case. We'll review the facts and explain your options at no cost.
