Phoenix Wrongful Death Lawyer
Wrongful Death Lawyer in Phoenix, Arizona: Help for Families After a Loss
If someone you love died because of another person's carelessness in Phoenix, a wrongful death lawyer in Phoenix can explain who may bring a claim and how long your family has. In Arizona, a wrongful death claim generally must be filed within two years of the date of death. Valley Accident Law serves Phoenix families from our Scottsdale office, and Charles Paglialunga has 32 years of Arizona accident experience.
- Filing deadline
- 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
- City or public entity
- Notice of claim within 180 days
- A.R.S. 12-821.01
- Damage caps
- None on death damages
- Ariz. Const. art. 2 sec. 31
Wrongful Death Lawyer in Phoenix: Answers for Your Family, Without Pressure
There is no good time to start thinking about a legal claim after losing someone. Families often tell us they are not ready to talk about it, and that is a normal place to be. The reason to know your rights early is practical: the deadline is short, evidence disappears, and insurance companies often make contact within days.
Valley Accident Law represents families across the Phoenix metro. We are in Scottsdale at 5635 N Scottsdale Rd, Suite 170, Scottsdale, AZ 85250, and we serve Phoenix clients, starting by phone if you do not want to travel. Charles Paglialunga is a Multi-Million Dollar Advocates Forum member. Our experienced and friendly attorney will explain your legal rights, answer your questions in plain language, and will not push you to decide anything. Request your free case review.
If you want the Scottsdale version of this page, see our Scottsdale wrongful death lawyer page. For the statewide guide, see our page for a wrongful death attorney in Arizona.
Arizona
Arizona Wrongful Death: The Basics for a Phoenix Family
These are the rules most families ask about first. They have exceptions, so we explain how they apply to your situation.
| Question | What the law says | Citation |
|---|---|---|
| How long do we have? | Two years from the date of death | A.R.S. 12-542(2) |
| Who may bring the claim? | The surviving spouse, child, parent or guardian, or personal representative, for the benefit of the spouse, children, parents, or the estate if none survive | A.R.S. 12-612 |
| What if a public entity is involved? | Notice of claim within 180 days, then a lawsuit generally within one year after the claim accrues | A.R.S. 12-821.01 and 12-821 |
| Is there a cap on damages? | No cap on personal injury or death damages | Ariz. Const. art. 2 sec. 31 |
| Is Arizona a pure comparative fault state? | Yes, fault is divided by percentage with no 50 percent bar | A.R.S. 12-2505 |
Source: Arizona Revised Statutes and Arizona Constitution as cited
What Happens After a Fatal Accident in Phoenix
Every case is different, but these steps are common in Phoenix. We help with each one when you want us to.
The first days
The investigation
The Phoenix Police Department generally investigates deaths on city streets, and Arizona DPS generally handles freeway crashes. The Maricopa County medical examiner may become involved. Ask for the report number.
The first weeks
Evidence and insurers
Footage, vehicle data, and witness memories can be lost quickly. Insurance adjusters may call. You are not required to agree to a recorded statement.
Early on
Choosing who brings the claim
Arizona law lists who may bring a wrongful death claim (A.R.S. 12-612). A personal representative may need to be appointed through the court.
In the months that follow
Building the claim
We gather records, identify every insurance policy, and measure the family's losses, with a plan to file in time.
If the insurer will not be reasonable
Filing suit
Filing a lawsuit does not always mean a trial, and it protects the claim before the deadline passes.
What a Wrongful Death Claim May Include
No payment replaces a person. The law lets a family seek recovery for real losses, which may include:
- Medical and funeral costs
Care before death, burial or cremation, and related expenses.
- Lost income and support
The income and benefits the person would have provided over a working life.
- Loss of companionship and guidance
The relationship a spouse, child, or parent has lost, including a parent's guidance for a child.
- Pain and suffering before death
In some cases, what the person endured before dying.
- Punitive damages in serious cases
Where the conduct showed an "evil mind" by clear and convincing evidence (Linthicum v. Nationwide, Ariz. 1986), such as some drunk-driving deaths. A criminal case, if one is filed, is separate from the family's civil claim.
Arizona
Agencies, Court, and Hospitals in a Phoenix Wrongful Death Case
Several offices touch a fatal accident in Phoenix. Knowing who holds which record helps us move quickly. Our guide to getting a police report in Arizona explains how to request one.
Phoenix Police Department
Generally investigates fatal crashes on city streets and writes the report.
Arizona Department of Public Safety
Generally handles fatal crashes on freeways such as I-10, I-17, SR-51, and the Loops.
Maricopa County Superior Court
Downtown Phoenix, East Court Building, 101 W. Jefferson St., where wrongful death suits from Phoenix are generally filed.
Valleywise Health Medical Center and Banner University Medical Center Phoenix
Level I trauma centers that treat many seriously injured people before death.
St. Joseph's Hospital and Medical Center and HonorHealth John C. Lincoln Medical Center
Level I trauma care in Phoenix, with John C. Lincoln serving north Phoenix.
Deadlines That Can Injure Your Family's Legal Rights
A wrongful death claim in Arizona generally runs two years from the date of death (A.R.S. 12-542(2)). A claim against the City of Phoenix, a public bus, or another public entity needs a notice of claim within 180 days (A.R.S. 12-821.01), and a lawsuit generally must follow within one year after the claim accrues (A.R.S. 12-821).
These rules have exceptions, so call us and we will explain how they apply to your family. The earlier you call, the better, but it's never too late to find out your legal rights. Our guide to the Arizona statute of limitations has the details.
Arizona
Wrongful Death Claims for Families in Litchfield Park and the West Valley
We also hear from families outside the city. If you are looking for a wrongful death attorney in Litchfield Park, AZ, our office is in Scottsdale, and we serve the Phoenix metro, including the West Valley, and can begin by phone. The agency that investigates depends on where the crash happened.
I-10 and Loop 303
Freeway crashes in the West Valley are generally handled by Arizona DPS.
Litchfield Road and Camelback Road
Surface streets where the local police department or sheriff's office with jurisdiction writes the report.
Maricopa County Superior Court
Wrongful death suits from across Maricopa County are filed in the same court system as Phoenix cases.
Working With Valley Accident Law After a Death
If you are looking for a wrongful death attorney in Phoenix, ask who will work on your case, how fees are explained, and how the firm will treat your family. Families searching for wrongful death attorneys in Phoenix are usually grieving, and a first call should feel like that. You pay no attorney fee unless we recover money for you.
A wrongful death lawyer in Phoenix, AZ should be willing to say what they see in your facts, the good and the bad. Our experienced and friendly attorney will explain your legal rights and what your case may be worth. Call (602) 584-8054 or request your free case review. To see the other cases we take, return to our Phoenix personal injury lawyer page.
Related pages
Questions
Questions about Phoenix wrongful death cases
How long does my family have to file?
Generally two years from the date of death. If a public entity may be responsible, such as a city bus or a municipal vehicle, a notice of claim is due within 180 days and the lawsuit within one year. These rules have exceptions, so call us.
Who can bring a wrongful death claim?
Arizona law allows the surviving spouse, child, parent or guardian, or personal representative to bring it, for the benefit of the spouse, children, parents, or the estate if none survive.
Does a criminal case change our civil claim?
A criminal case is separate from a civil wrongful death claim. One can go forward without the other, and the standards differ.
Who writes the report after a fatal crash in Phoenix?
The Phoenix Police Department generally investigates fatal crashes on city streets, and Arizona DPS generally handles freeway crashes.
Is there a limit on what a family can recover?
Arizona does not cap damages for personal injury or death (Ariz. Const. art. 2 sec. 31). What a case is worth depends on the facts.
How much does it cost to hire you?
You pay no attorney fee unless we recover money for you. We will explain how costs are handled during your free case review.
Free case review
Let Us Answer Your Family's Questions
Call (602) 584-8054 or request your free case review. Our experienced and friendly attorney will explain your legal rights. 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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