Peoria Wrongful Death Lawyer
After the Loss of a Loved One in Peoria, Talk With a Wrongful Death Lawyer
A wrongful death lawyer in Peoria can explain who Arizona law lets bring a claim, what it can cover, and how long your family has. A surviving spouse, child, parent or guardian, or a personal representative may bring the claim (A.R.S. 12-612), and the deadline is generally two years from the date of death (A.R.S. 12-542(2)). We are sorry for your loss, and we will go at whatever pace you need.
- Filing deadline
- Generally 2 years from the date of death
- A.R.S. 12-542(2)
- Who may bring the claim
- Surviving spouse, child, parent or guardian, or personal representative
- A.R.S. 12-612
- Damage caps
- None on personal injury or death damages
- Ariz. Const. art. 2 sec. 31; art. 18 sec. 6
A Wrongful Death Lawyer for Peoria Families After a Preventable Death
Nothing in this section is meant to rush you. If someone you love has died in Peoria because of a crash or another preventable event, the first days belong to your family, not to a lawyer or an insurance adjuster. When you are ready, we can explain what Arizona law allows, in plain language and without pressure.
A wrongful death claim exists when a death is caused by another person's wrongful act, neglect or default. Whoever would have been liable had the person lived is liable for damages (A.R.S. 12-611). In Peoria, the events behind these claims are often traffic related, because Loop 101, Loop 303, Grand Avenue (US 60) and State Route 74 all carry fast traffic, and local news has reported fatal crashes on Lake Pleasant Parkway and State Route 74. Those are single incidents, not a trend. A death can also follow a pool accident, a dog attack, a fall, a medical or care failure, or a truck or rideshare crash.
Valley Accident Law is a Scottsdale firm, about 40 minutes from Peoria without heavy traffic. We start by phone, and Call any time. Office visits Monday to Friday, 9 to 5.
Who May File a Wrongful Death Claim in Arizona
The statute is specific about who brings the claim and who it is for. Families are sometimes surprised by the limits.
- Who brings the claim
A surviving spouse, child, parent or guardian, or the personal representative of the estate (A.R.S. 12-612).
- Who it is for
The claim is brought for the benefit of the surviving spouse, children and parents, or the estate if none of them survive.
- Siblings
Siblings are not statutory beneficiaries. We say this plainly because it is a common question, and because there may be other ways we can help the family.
- The personal representative
If the family cannot agree who should act, or no one has been appointed, we explain the steps. A court may be involved.
- The amount
A jury awards damages it deems fair and just for the injury to the surviving parties, considering mitigating or aggravating circumstances, and Arizona places no cap on death damages (A.R.S. 12-613). Nothing we say predicts what a case is worth.
The First Weeks After a Fatal Crash in Peoria
There is no right way to move through this. These are the points where evidence and deadlines start to matter.
In the first days
The report and the investigation
Peoria Police investigate crashes on city streets, and the Arizona Department of Public Safety patrols state highways. Ask the investigating officer for the report number and when a report will be available.
In the first weeks
Records that may be lost
Business and doorbell cameras, vehicle data and, for a truck, the carrier's driver logs can be overwritten. Carriers must keep logs for only six months (49 CFR 395.8(k)), so a written preservation letter should go out early.
Within 180 days
Notice of claim, if a public entity is involved
If a city, county or state vehicle, road or property played a part, a notice of claim with the facts and a specific sum is generally due within 180 days (A.R.S. 12-821.01).
Within 1 year
Lawsuit against a public entity, or a dram shop claim
A lawsuit against a public entity generally must follow within one year after accrual (A.R.S. 12-821). A claim against an establishment that over-served an intoxicated driver is likely subject to one year (A.R.S. 4-311).
2 years
General wrongful death deadline
Generally two years from the date of death (A.R.S. 12-542(2)). These rules have exceptions, so call us and we will explain how they apply to you.
The Civil Claim and the Criminal Case Are Separate
If a driver was charged after a fatal crash, families often wonder how that connects to a claim for damages.
The criminal case
- Handled by prosecutors on behalf of the state, not by the family.
- A citation or charge from a Peoria stop typically moves through the municipal or county courts.
- Impairment is defined by Arizona law, such as driving impaired to the slightest degree or at 0.08 or more within two hours (A.R.S. 28-1381).
- Leaving the scene of a fatal crash is a felony (A.R.S. 28-661, 28-663).
The civil wrongful death claim
- Brought by the family or the personal representative, to recover damages.
- Does not depend on whether criminal charges were filed or what happened to them.
- Fault is argued with the insurers, and Arizona uses pure comparative fault (A.R.S. 12-2505).
- Can involve more than one responsible party, each generally liable for its own share (A.R.S. 12-2506).
Arizona
Places That Matter in a Peoria Wrongful Death Case
A fatal crash or care failure in Peoria touches a handful of agencies and institutions. This is where we usually start looking.
Peoria Police Department
Handles investigations on city streets and has handled fatal crash investigations reported near Lake Pleasant Parkway and State Route 74.
Arizona Department of Public Safety
Patrols state highways from its headquarters at 2222 W Encanto Boulevard in Phoenix. Its report is the one to ask for after a freeway crash.
Banner Thunderbird Medical Center, Glendale
5555 W Thunderbird Rd. Listed by the state as a Level I trauma center, about 5.7 miles and 13 minutes from Peoria City Hall at 8401 W Monroe Street.
Peoria's certified nursing homes
Federal CMS data lists five certified nursing homes with a Peoria mailing address, with 796 certified beds in total. A death in a care facility can raise neglect questions, and we review the records.
Maricopa County Superior Court, East Court Building
101 W Jefferson St, Phoenix. The county lists civil matters as primarily handled here. The Northwest Regional Center in Surprise is listed for family court matters.
Take the Time You Need, but Do Not Lose the Evidence
A fatal accident lawyer in Peoria cannot make the grief smaller. What we can do is take the deadlines and the paperwork off your shoulders, and ask the right people in writing to keep what they hold. Calling does not commit you to anything. The earlier you call, the better, but it's never too late to find out your legal rights.
Keep Reading
For the full Arizona rules, read our guide from a wrongful death attorney in Arizona. For other kinds of injuries in the city, start with a personal injury lawyer in Peoria.
Related pages
Questions
Questions about Peoria wrongful death cases
Who can bring a wrongful death lawsuit in Peoria?
Arizona allows a surviving spouse, child, parent or guardian, or a personal representative to bring the claim, for the benefit of the spouse, children and parents, or the estate if none survive (A.R.S. 12-612). Siblings are not statutory beneficiaries. A wrongful death lawsuit lawyer in Peoria can walk through your family's situation.
How long does my family have to file?
Generally two years from the date of death (A.R.S. 12-542(2)). The period is shorter against a public entity, which generally requires a notice of claim within 180 days and a lawsuit within one year after accrual. These rules have exceptions, so call us and we will explain how they apply to you.
Where would a wrongful death case from Peoria be filed?
Maricopa County Superior Court hears civil cases of this size. The county lists civil matters as primarily handled at the East Court Building at 101 W Jefferson St in Phoenix, and lists the Northwest Regional Center in Surprise for family court matters, not civil injury cases.
Do I need a fatal car accident lawyer in Peoria if the police say the other driver was at fault?
A police conclusion is not the same as an insurance decision. Insurance companies and attorneys often negotiate the percentage of fault, and a call lets us explain your legal rights before you agree to a recorded statement or an early offer.
Who writes the report after a fatal crash on Loop 101 or Loop 303?
The Arizona Department of Public Safety patrols state highways, and Peoria Police investigate on city streets. Ask the officer for the report number and how and when to request it.
What if a city or county vehicle was involved?
A notice of claim with the facts and a specific sum is generally due within 180 days (A.R.S. 12-821.01), and a lawsuit generally must follow within one year after accrual (A.R.S. 12-821). Call us as soon as you can.
What does it cost to talk with a wrongful death attorney in Peoria?
You pay no attorney fee unless we recover money for you. Our office is in Scottsdale at 5635 N Scottsdale Rd, Suite 170, Scottsdale, AZ 85250, and we will explain how costs are handled during your free case review.
Free case review
Talk With Us When You Are Ready
Call (602) 584-8054 or request your free case review. Our experienced and friendly attorney will explain your legal rights and what a wrongful death claim in Peoria may involve. The earlier you call, the better, but it's never too late to find out your legal rights.
Call any time. Office visits Monday to Friday, 9 to 5.
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