Scottsdale Wrongful Death Lawyer
Wrongful Death Lawyer in Scottsdale, Serving Families Across Phoenix and Arizona
If someone in your family died because of another person's carelessness, a wrongful death lawyer in Scottsdale can explain who has the right to bring a claim and how long the family has to file. Valley Accident Law represents Arizona families in wrongful death cases across the Phoenix metro. The general deadline is two years from the date of the death, so it is best to talk to someone early, and it is never too late to ask.
- 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
- Government vehicle or employee
- 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 Scottsdale: When a Death Was Someone Else's Fault
Few things are harder than losing a family member because someone else was careless. Nothing a court does will undo that loss. What a wrongful death claim can do is hold the responsible party accountable and secure the financial future of the people left behind, so that grief is not compounded by lost income, medical bills, and funeral costs. For how these claims work across the rest of the state, see our wrongful death attorney in Arizona page.
When a fatal crash takes someone you love, Arizona law gives surviving family members the right to pursue wrongful death from a car accident in Arizona through the civil courts. This guide covers who can file, what damages your family may recover, and how the process unfolds under personal injury law. Families who search for a Scottsdale wrongful death attorney usually want two things: honest answers about who can bring the claim, and someone to deal with the insurance company so they are not fielding those calls while they grieve. Arizona wrongful death lawyers handle these claims under A.R.S. 12-611 and the sections that follow.
Valley Accident Law represents Arizona families in wrongful death cases across the Phoenix metro. Founder Charles Paglialunga has 32 years of Arizona accident experience and is a Multi-Million Dollar Advocates Forum member. Every first conversation is a free case review. Request your free case review or call (602) 584-8054.
Who Can File a Wrongful Death Claim in Arizona
Arizona's wrongful death law (A.R.S. 12-611 and following) limits who may bring a claim. The surviving spouse, a child, a parent or guardian, or the personal representative of the estate may file. If none of the spouse, children, or parents survive, the claim is brought on behalf of the estate. Under A.R.S. 12-612 the claim may be brought by a surviving spouse, a child, a parent or guardian, or the personal representative, for the benefit of the spouse, children, and parents, or for the estate if none of them survive. Siblings are not statutory beneficiaries. We help families sort out who has the right to file before a deadline is missed. Arizona law strictly defines who holds standing to file a wrongful death lawsuit after a fatal crash. Eligible parties are:
- A surviving spouse
of the person who died.
- Children of the deceased,
including legally adopted children.
- A parent or guardian
of the deceased.
- A personal representative
of the deceased's estate, acting on behalf of all statutory beneficiaries. The personal representative consolidates claims from multiple family members and pursues recovery for each of their losses within a single action. Arizona limits families to one wrongful death lawsuit per death. All eligible family members channel their recovery through that single case, though each party may present evidence of their specific individual losses to a jury or in settlement negotiations.
What a Wrongful Death Claim Can Recover
Arizona allows the surviving family to recover both economic and non-economic losses. What can a wrongful death claim recover? Lost financial support, loss of companionship and guidance, the family's grief, funeral and medical expenses, and punitive damages in reckless-conduct cases. In more detail:
- The financial support and benefits the family would have received
- Loss of love, companionship, care, guidance, and affection
- The pain, grief, and suffering of the surviving family members
- Reasonable funeral and burial expenses
- Medical expenses related to the final injury
- Punitive damages where the conduct was especially reckless, such as drunk driving. Arizona courts look for an “evil mind” shown by clear and convincing evidence (Linthicum v. Nationwide, Ariz. 1986)
What Damages Family Members Can Recover
An Arizona wrongful death claim compensates family members across two broad categories. Insurance companies often lead with a number that reflects only the bills already paid. We do not negotiate from that number. Arizona does not cap damages for causing a death (Ariz. Const. art. 2 sec. 31). The value of a claim depends on the quality of evidence presented, the deceased's age and earning history, and the attorney's skill in conveying the full scope of family losses.
Economic damages reflect measurable financial harm
- Medical and emergency care costs incurred between the crash and the death
- Funeral and burial expenses
- The deceased's projected future earnings across their expected working lifetime
- Lost employment benefits, including health insurance, pension contributions, and retirement savings
- Financial support the deceased regularly provided to family members at home
Noneconomic damages account for human losses that resist easy calculation
- Loss of companionship, love, and affection from the deceased
- Loss of consortium for a surviving spouse
- Emotional grief and suffering of surviving family members
- Loss of parental guidance, protection, and care for surviving children
Common Causes of Wrongful Death Cases
We handle wrongful death claims arising from car accidents, commercial truck accidents, motorcycle crashes, pedestrian collisions, drunk driving crashes, and hit-and-run incidents. Many of these cases also involve uninsured or underinsured motorist coverage.
The Two-Year Deadline
Most Arizona wrongful death claims must be filed within two years of the death (A.R.S. 12-542). If a government vehicle or employee was involved, a notice of claim is generally required within 180 days (A.R.S. 12-821.01), a much shorter window, and a lawsuit against a public entity generally must follow within one year after the claim accrues (A.R.S. 12-821). Because evidence fades quickly, it is best to talk to a lawyer early, and it is never too late to ask.
These rules have exceptions, so call us and we will explain how they apply to your family. Our guide to the Arizona statute of limitations and our guide to the 180-day notice of claim have more detail.
Proving Wrongful Death From a Car Accident in Arizona
The personal representative must establish four elements by a preponderance of the evidence to succeed on a wrongful death from a car accident in Arizona:
- 1
Duty.
Every driver owes a duty of reasonable care to other people on the road.
- 2
Breach.
The defendant violated that duty through negligent or reckless conduct. Speeding, running lights, texting, and driving drunk are common examples.
- 3
Causation.
The breach must be a direct and proximate cause of the death, not a remote contributing factor.
- 4
Damages.
Surviving family members must have suffered actual, compensable losses because of the death.
What Arizona Statute Says About Wrongful Death
Arizona's wrongful death law is codified at A.R.S. 12-611 through 12-613. The statute creates a civil cause of action when a person dies as a result of another party's wrongful act, neglect, or default. For car accidents, this means the at-fault driver's negligence, including speeding, running a red light, driving while impaired, or texting behind the wheel, was the proximate cause of the death.
Wrongful death civil cases proceed independently from any criminal prosecution. The at-fault driver does not need to be criminally charged or convicted for a civil wrongful death lawsuit to succeed. A criminal conviction is strong evidence in civil court but is not required. Civil courts apply a lower standard of proof: a preponderance of the evidence, meaning more likely than not that the defendant's conduct caused the death. Even when the at-fault driver was not criminally charged or was acquitted, a wrongful death lawsuit can still succeed if the evidence shows by a preponderance that the driver's conduct caused the death.
Death claims from car accidents in Arizona carry a strict two-year statute of limitations under A.R.S. Section 12-542, measured from the date of death. Allowing that deadline to pass typically ends the family's legal options permanently.
Common Crash Patterns Behind Arizona Wrongful Death Cases
Certain crash types come up repeatedly in wrongful death litigation across the Phoenix metro:
- Impaired driving.
When an impaired driver kills someone, the family may pursue both a wrongful death claim against the driver and a dram shop claim against the establishment that served them alcohol before the crash. See our guide to Arizona dram shop liability.
- Distracted driving.
Cell phone use at the wheel is a factor in many fatal collisions. Attorneys subpoena phone records during discovery to establish that a driver was texting or calling at the time of impact.
- High-speed intersection crashes.
Several Scottsdale and Phoenix metro intersections have documented histories of serious collisions. T-bone and rear-end crashes at speed frequently produce fatal head and spinal injuries.
- Hit-and-run fatalities.
When the at-fault driver flees the scene, families may still recover through the deceased's uninsured motorist coverage. Identifying the driver through surveillance footage and witness accounts opens additional avenues for recovery.
- Fatigued commercial drivers.
Federal hours-of-service rules exist because driver fatigue kills. Violations of those rules can support a negligence per se finding against both the driver and their employer.
How Fault and Evidence Shape a Wrongful Death Claim
Arizona uses comparative fault, so investigators look closely at who caused the death and whether more than one party shares responsibility. Arizona's rule is pure comparative fault (A.R.S. 12-2505), so there is no percentage bar. In a wrongful death claim, that can mean the other driver, a trucking company, a property owner, or more than one defendant at once. Evidence matters early: the police report, witness statements, cell phone records, vehicle data, and medical records tying the death to the incident.
Insurance companies open these claims by assigning their own fault percentage, often minimizing it to lower what they owe, and insurance companies and attorneys often negotiate the percentage of fault. They may also reach out to the family directly before an attorney is involved, hoping for a recorded statement or a quick, low offer. As a wrongful death attorney in Arizona, we gather the evidence independently, deal with the insurer directly, and build the claim around what the family actually lost, not just what bills have already come in. Our guide to talking to insurance adjusters explains what to expect.
Evidence gathering is urgent after a fatal crash. Police reports, witness statements, and surveillance footage must be secured before they disappear. Vehicle event data recorders capture speed and braking in the seconds before impact. Crash reconstruction experts can establish cause when fault is contested. For crashes involving large commercial vehicles, federal trucking regulations add a layer of employer liability. Logbook violations, hours-of-service breaches, and inadequate maintenance records can support findings of negligence per se. Crashes involving commercial trucks often require specialized investigation resources that go beyond what a standard crash case demands.
When a Bar or Restaurant May Share the Responsibility
Under A.R.S. 4-311, a licensed seller of alcohol may be liable if it sold to an obviously intoxicated person or to a person under 21 and the sale was a proximate cause of the harm. These claims have their own rules, and they exist alongside the claim against the driver. If an impaired driver caused the death, we look at where the driver was drinking and whether another party may share responsibility.
What to Expect From a Wrongful Death Attorney in Arizona
If someone in your family died because of another person's carelessness, the first step is simply a conversation. Our experienced and friendly attorney reviews what happened, tells you honestly whether Arizona law supports a claim, and explains who in your family has the right to bring it. From there we act as your wrongful death lawyer in Phoenix, requesting the police report, preserving evidence before it disappears, and opening communication with the insurance company so you are not the one fielding those calls while you are grieving.
We handle families across the Phoenix metro, including as a wrongful death attorney in Litchfield AZ and the surrounding West Valley. How much does it cost to hire a wrongful death lawyer? We work on contingency. You pay no attorney fee unless we recover money for you. There is no cost to talk with us and no obligation to move forward. Take the time you need. We are here when you are ready.
If your loved one died in a crash or another kind of accident, a wrongful death accident lawyer can explain who may bring the claim and which deadline may apply. No legal process can undo the loss of a loved one. A wrongful death claim can hold the responsible party accountable and provide genuine financial stability for surviving family members during the hardest time of their lives. Valley Accident Law has represented Arizona families in serious personal injury and wrongful death matters for 32 years. Reach out today through a free case review to speak directly with Charles Paglialunga about your family's situation, or call (602) 584-8054. Our experienced and friendly attorney will explain your legal rights and answer your questions.
Arizona
Wrongful Death Help in Other Valley Cities
We are based in Scottsdale and also help people hurt in these Valley cities. Each city page covers the local roads, courts and police agencies that matter to a claim there.
Questions
Questions about Scottsdale wrongful death cases
Who can file a wrongful death claim in Arizona?
The surviving spouse, children, or parents, or the personal representative of the estate if none of those survive (A.R.S. 12-612).
How long do we have to file?
Generally two years from the date of death, and only 180 days to file a notice of claim if a government entity was involved, with the lawsuit against that entity due within one year. Arizona law gives family members two years from the date of death to file a wrongful death claim. This deadline applies in most car accident cases. Missing it typically ends the right to sue permanently. Consulting an attorney promptly preserves your legal options and gives counsel time to gather evidence before it disappears. These rules have exceptions, so call us and we will explain how they apply to your family.
What if the police report is not finished yet?
You do not need a completed report to call us. We can start gathering evidence and talking to witnesses while the investigation is still open, then add the final report once it becomes available.
Can we still file if our family member was partly at fault?
Yes. Arizona follows a pure comparative fault rule, and Arizona's comparative fault rules generally still allow the claim to move forward. Fault assigned to your loved one may reduce what is recovered, but under most circumstances it will not eliminate the case. When the deceased shared responsibility for the crash, the damages available to surviving family members are reduced by the percentage of fault attributed to the deceased. Recovery remains possible even when the deceased bore significant responsibility, as long as the other driver also contributed to the collision.
What if the other driver did not have insurance?
The claim can often still move forward through other coverage. Many Arizona policies include uninsured or underinsured motorist protection, and we review every available policy, not just the other driver's. Uninsured and underinsured motorist coverage on the deceased's own auto policy may provide a recovery path when the at-fault driver's insurance is insufficient. We identify every available source of coverage, including employer policies for commercial drivers, umbrella policies, and any policy covering the vehicle the at-fault driver was operating at the time of the crash.
Do we have to go to court?
Most wrongful death claims in Arizona settle with the insurance company without a trial. If the insurer will not offer a fair resolution, we are prepared to file suit, and we walk you through that decision at every step.
Who serves as personal representative in a wrongful death lawsuit?
A personal representative is the person legally authorized to manage the deceased's estate and bring the wrongful death lawsuit on behalf of all eligible family members. This person is usually named in the deceased's will. If no will exists, the probate court appoints one. An attorney can guide the family through the appointment process so the case moves forward without delay.
How do I find a wrongful death lawyer near me?
Look for someone you can actually reach and who will explain the law plainly. Ask who will handle your case, how quickly they will preserve evidence, and how fees work. Our office is at 5635 N Scottsdale Rd, Suite 170, Scottsdale, AZ 85250, and we represent families across the Phoenix metro.
Free case review
Let Us Answer Your Questions and Help With Your Case
Call (602) 584-8054 or request your free case review. Our experienced and friendly attorney will explain your legal rights and answer your questions. 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.
Thank you, we’ve received your request.
A member of our team will reach out shortly. If your matter is urgent, call us now at (602) 584-8054.