Surprise Wrongful Death Lawyer
Wrongful Death Lawyer in Surprise: Help for Families After a Fatal Accident
A wrongful death lawyer in Surprise can explain who Arizona allows to file, what a claim may cover, and how long the family has. A wrongful death claim generally must be filed within two years of the date of death (A.R.S. 12-542(2)), and a claim involving a public entity has much shorter notice deadlines. Valley Accident Law is in Scottsdale, and we start by phone so a grieving family does not have to travel.
- 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
- Public entity involved
- Notice of claim within 180 days, lawsuit within 1 year after accrual
- A.R.S. 12-821.01, 12-821
- Damage caps
- None on personal injury or death damages
- Ariz. Const. art. 2 sec. 31; art. 18 sec. 6
Wrongful Death Lawyer in Surprise: Where a Family Starts
Losing someone in a crash on Loop 303, Grand Avenue or Bell Road is not something any family is ready for. The first days are about the person you lost, and the legal questions can wait until you are ready. When you are, we can explain what Arizona law says in plain language, and we will not ask you to decide anything on the first call.
A wrongful death claim does not have to arise from a crash. Arizona law covers a death caused by another person's wrongful act, neglect or default. In Surprise that can mean a fatal car accident, a truck or motorcycle crash, a person struck on foot, a drowning, a fall, a dog attack or neglect in a care facility. A fatal car accident lawyer in Surprise, AZ also looks at whether alcohol was involved, who owned the vehicle and whether a public road or signal played a part.
Insurance companies and attorneys often negotiate the percentage of fault, and an insurer may call within days to offer a quick payment. You are not required to agree to a recorded statement, and early comments can injure your legal rights. Our page for a personal injury lawyer in Surprise covers other kinds of injury cases from the city.
Who May File a Wrongful Death Claim in Arizona
A wrongful death claim lawyer in Surprise starts by sorting out who has the right to bring the claim and who benefits from it.
- The basis for the claim
Whoever would have been liable had the person lived is liable for damages when a death is caused by a wrongful act, neglect or default (A.R.S. 12-611).
- Who brings it
The surviving spouse, child, parent or guardian, or personal representative may bring the claim, for the benefit of the spouse, children and parents, or of the estate if none survive (A.R.S. 12-612). Siblings are not statutory beneficiaries.
- What the jury decides
The jury awards damages it deems fair and just for the injury to the surviving parties, considering mitigating or aggravating circumstances. The recovery is not subject to the decedent's debts unless the claim is brought on behalf of the estate (A.R.S. 12-613).
- No cap
Arizona does not cap personal injury or death damages (Ariz. Const. art. 2 sec. 31; art. 18 sec. 6).
- A criminal case
A prosecution for DUI or another offense is separate. The civil claim goes forward on its own, and Arizona makes it unlawful to drive impaired to the slightest degree (A.R.S. 28-1381).
Arizona
Surprise Offices, Hospitals and Courts That Matter After a Death
A claim depends on records held in several places. These are the named ones.
Surprise Police Department, 14250 W Statler Plaza
Writes the report for a crash on a city street. The website lists a Vehicle Accident Reports page, and the City Clerk's Public Records Requests page has separate tabs for City Court, Fire-Medical and Police.
Arizona Department of Public Safety, 2222 W Encanto Blvd, Phoenix
Keeps records for collisions its troopers investigated on an Interstate or State Highway. DPS lists $9.00 for a collision report by email.
Loop 303, Grand Avenue (US 60) and Bell Road
Fatal crashes on these roads may be investigated by Surprise Police or by DPS troopers, depending on the road. We ask which agency came before we request anything.
Banner Del E. Webb Medical Center, Sun City West
A Level III trauma center, 3.4 miles from City Hall, about 9 minutes with no traffic. Banner Thunderbird in Glendale, the nearest Level I adult center, is 13.3 miles away.
Maricopa County Superior Court, East Court Building, 101 W Jefferson Street, Phoenix
The location the court's list shows for civil cases. The Surprise regional center at 14264 W Tierra Buena Lane is listed for family cases.
Surprise City Clerk
The city has not published a page naming the office that accepts a notice of claim, so we confirm that office before anything is filed against the city.
The Months After a Fatal Accident
Families do not have to do everything at once. These are the dates that matter most.
First days
The report and the records
Ask which agency investigated and keep the report number. If safely possible, keep any photos, dashcam video and the damaged vehicle.
First weeks
Preserving evidence
If a commercial truck was involved, a carrier may discard hours-of-service logs after six months (49 CFR 395.8(k)), so a written preservation letter should go out early.
180 days
If a public entity may be involved
A notice of claim against a city, county or state agency generally must be filed within 180 days after the claim accrues (A.R.S. 12-821.01), and a lawsuit within one year after accrual (A.R.S. 12-821).
One year
If alcohol was served
You likely have only one year from the date of the crash to bring a statutory dram shop claim against the establishment, compared with generally two years against the drunk driver (A.R.S. 4-311). Call immediately.
Two years
The general deadline
A wrongful death claim generally must be filed within 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.
What Families Can Gather When They Are Ready
You do not need all of this to call us. Anything helps.
- The report number and the name of the agency, Surprise Police or Arizona DPS.
- The death certificate and the names of the surviving spouse, children and parents.
- The name of the personal representative, if the estate has one.
- Hospital and emergency records, and the name of the hospital that treated your family member.
- Insurance information for every vehicle, and any photos, videos or witness names.
- Pay records or tax returns that show the household's income.
Statewide Guides and Nearby Cities
Our statewide wrongful death attorney in Arizona guide explains each of these rules in more detail, and our guide to the statute of limitations explains how the clock is counted. If the death involved a government vehicle or road, our guide to a notice of claim against a government entity explains the steps.
A wrongful death lawsuit lawyer in Surprise can also help if the death happened elsewhere in the West Valley. See our pages for a wrongful death lawyer in Peoria, a wrongful death lawyer in Glendale and a wrongful death lawyer in Phoenix. Any fatal accident lawyer in Surprise should be willing to talk by phone first. Call any time. Office visits Monday to Friday, 9 to 5. When you are ready, request your free case review. You pay no attorney fee unless we recover money for you.
Related pages
Wrongful death by city
Questions
Questions about Surprise wrongful death cases
Who investigates a fatal crash in Surprise?
Surprise Police investigate crashes on city streets. If Arizona DPS troopers handled a crash on a state highway, DPS holds the records. Ask the agency for the report number, and we can help you request the report.
Can a sibling file a wrongful death claim?
The statute names the surviving spouse, child, parent or guardian, or personal representative, and siblings are not statutory beneficiaries (A.R.S. 12-612). Call us and we will explain how the rules apply to your family.
How long does a family have?
A wrongful death claim generally must be filed within two years of the date of death (A.R.S. 12-542(2)). A claim involving a public entity has a 180-day notice requirement, and a dram shop claim likely has a one-year deadline.
Where would a wrongful death lawsuit from Surprise be filed?
The Maricopa County Superior Court location list shows civil cases at the East Court Building in downtown Phoenix. The Surprise regional center at Tierra Buena Lane is listed for family cases.
A city vehicle was involved. What should we do?
A notice of claim against a public entity is generally due within 180 days. The city has not published a page naming the office that accepts it, so we confirm that before anything is filed. Call us quickly.
How much does it cost to talk with a wrongful death attorney in Surprise?
You pay no attorney fee unless we recover money for you. Request a free case review and we will explain how costs are handled.
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 to do next. 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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