Tempe Wrongful Death Lawyer
A Tempe Wrongful Death Lawyer for Grieving Families
A wrongful death lawyer in Tempe can explain who Arizona law allows to file, what the claim can cover and how little time there is, because the deadline is generally 2 years from the date of the death (A.R.S. 12-542(2)). We are sorry for your loss. A fatal crash on Loop 101, Loop 202, US 60 or I-10, or on a Tempe city street, leaves families with grief and with questions about money, and our first call is a free case review.
- Filing deadline
- 2 years from the date of the death
- A.R.S. 12-542(2)
- Who may file
- 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 in Tempe for Families After a Fatal Crash
Wrongful death law is hard to read while you are grieving, so here is the plain version. When a death is caused by someone else's wrongful act, neglect or default, Arizona law says that whoever would have been liable had the person lived is liable for damages (A.R.S. 12-611). In Tempe, most of those cases begin with a crash. Tempe had 24 traffic fatalities in 2023, with 18 of the crashes attributed to excessive speeding (AZ Family, 2023 data). The city has been a Vision Zero city since 2018 and publishes a dashboard of fatal and serious injury crashes from 2012 onward.
A fatal car accident lawyer in Tempe also looks beyond cars. A wrongful death claim can follow a death in a truck collision, a fall at a property, a rideshare trip, a pedestrian or bicycle crash, or any other event caused by someone else's wrongful act. We take the first call by phone, so you do not have to come to an office while you are grieving.
Who May File a Wrongful Death Claim
Arizona names the people who may bring the claim and the people who may receive what it recovers (A.R.S. 12-612). A wrongful death law firm for a Tempe family should explain this before anything is filed.
- A surviving spouse, child or parent
Any of them may bring the claim, for the benefit of the spouse, children and parents.
- A guardian
A guardian may also bring the claim.
- A personal representative
The personal representative of the estate may bring the claim. The recovery is for the benefit of the spouse, children and parents, or the estate if none survive.
- One claim, many people
Because the recovery is for the benefit of the survivors, we help the family sort out who should file.
Deadlines That Can Come Sooner Than Two Years
The general deadline is 2 years from the date of the death (A.R.S. 12-542(2)). Some claims have shorter clocks, and these rules have exceptions, so call us and we will explain how they apply to you.
Right away
Preserve trucking records
If a commercial truck was involved, a carrier must keep a driver's hours-of-service logs for only six months before it may discard them, so a written preservation letter should go out immediately (49 CFR 395.8(k)).
180 days
Notice of claim against a city or other public entity
If a Tempe city vehicle, a road defect or another public entity was involved, a notice of claim generally must be filed within 180 days after the claim accrues, with facts and a specific sum certain (A.R.S. 12-821.01). A lawsuit generally must follow within one year after accrual (A.R.S. 12-821).
Likely 1 year
Claim against a bar or restaurant
You likely have only one year from the date of the crash to bring a statutory dram shop claim against an establishment, compared with generally two years against the drunk driver (A.R.S. 4-311).
2 years
The general wrongful death deadline
Two years from the date of the death, generally (A.R.S. 12-542(2)).
Arizona
The Roads and Agencies Behind a Fatal Crash Claim in Tempe
In a fatal crash, the first reports and the physical evidence decide a great deal. These are the roads and offices that come up most for Tempe families.
Baseline Road
A 3.9 mile corridor that received a $12 million U.S. DOT grant for safety work. AZ Family reported 35 serious or fatal crashes there in recent years (September 2024), 7 of them involving pedestrians.
McClintock Drive, 48th Street, Warner Road and Elliot Road
Tempe named each a safety corridor in 2024, using three years of serious and fatal crash location data.
Loop 101, Loop 202, US 60 and I-10
The four freeways that run through and beside Tempe. For a crash on a freeway, the Arizona Department of Public Safety may hold the report.
Tempe Police Department
Usually writes the report for crashes on Tempe city streets. Ask for the report number.
Banner Desert Medical Center and Chandler Regional Medical Center
The Level I trauma centers closest to Tempe, in Mesa and Chandler. The state's December 2025 list shows no designated trauma center with a Tempe address.
Maricopa County Superior Court
Central Court Building at 201 W. Jefferson in Phoenix, and a Southeast location at 222 E. Javelina Ave. in Mesa.
Arizona Fatal Crash Numbers in Context
These statewide figures show where deaths on Arizona roads were concentrated. They are not Tempe totals, and the numbers are no comfort to a family.
| Measure | Figure | Year |
|---|---|---|
| Traffic fatalities in Arizona | 1,307 | 2023 |
| Deaths on local roads | 828, more than on state highways | 2023 |
| Deaths on state highways | 479 | 2023 |
| Fatalities where speed contributed | 446 | 2023 |
| Deaths in alcohol-related crashes | 332 | 2023 |
Source: Arizona Department of Transportation, 2023 data
Arizona
What a Family Can Gather and What We Handle
You do not have to do this alone, and none of it has to happen this week. These are the items that matter most.
- The police report number and the name of the agency that responded.
- The death certificate and the names of the survivors who depended on the person.
- Insurance information for the person who died and, if known, for the other driver.
- Names of witnesses, and any photos, dashcam or phone video.
- Pay stubs, tax returns and benefit records that show what the person contributed.
- A note to yourself to avoid giving a recorded statement to an insurer until you have talked with us.
What a Wrongful Death Claim Can Cover
A jury awards damages it deems fair and just for the injury to the surviving parties, considering mitigating or aggravating circumstances, and 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). Arizona places no caps on personal injury or death damages. We cannot predict what a claim is worth, and we do not promise a result. Insurers and attorneys often negotiate the percentage of fault even in a fatal crash, which is why the evidence matters. A wrongful death lawsuit lawyer in Tempe will explain the process, the people involved and your options on a free case review.
Where a Tempe Wrongful Death Lawsuit Is Heard and How to Reach Us
A wrongful death lawsuit in Tempe is filed in Maricopa County Superior Court. The court's assignment rules decide which location hears a case, and we confirm that when we file. Our office is at 5635 N Scottsdale Rd, Suite 170, Scottsdale, AZ 85250, about 7.7 miles by road from downtown Tempe, and we start by phone. Call any time. Office visits Monday to Friday, 9 to 5. You pay no attorney fee unless we recover money for you. Our guide to Maricopa County courts explains how the court system works, and the personal injury claim process guide walks through the steps.
We also handle wrongful death claims in Mesa, Chandler and Scottsdale. The statewide rules are in our guide from a wrongful death attorney in Arizona, and the city overview is on our personal injury lawyer in Tempe page. If you want to talk with a wrongful death attorney in Tempe about your own situation, call at your own pace.
Related pages
Questions
Questions about Tempe wrongful death cases
How long do we have to file a wrongful death claim after a death in Tempe?
Generally 2 years from the date of the death (A.R.S. 12-542(2)). A claim against a city or other public entity needs a notice of claim within 180 days, and these rules have exceptions, so call us and we will explain how they apply to you.
Who can file when a family member is killed in a crash?
A surviving spouse, child, parent or guardian, or the personal representative of the estate may bring the claim, for the benefit of the survivors (A.R.S. 12-612). We help the family decide who should file.
Who investigates a fatal crash in Tempe?
Tempe Police usually writes the report for crashes on Tempe city streets, and the Arizona Department of Public Safety may hold the report for a freeway crash. Ask for the report number and which agency to contact.
A Tempe city vehicle or road defect was involved. Is the deadline different?
Yes. A notice of claim against a public entity generally must be filed within 180 days after the claim accrues, with a lawsuit generally following within one year (A.R.S. 12-821.01, 12-821). Please do not wait.
The other driver was drinking. Can a bar be responsible too?
Sometimes. A bar or restaurant may be liable if it sold to an obviously intoxicated person or a person under 21 and the sale was a proximate cause (A.R.S. 4-311). You likely have only one year to bring that claim against the establishment.
Where is a wrongful death lawsuit heard?
In Maricopa County Superior Court, which has locations in downtown Phoenix and in Mesa. The assignment rules decide where a case is heard, and we confirm that when we file.
Free case review
We Are Here When Your Family Is Ready to Talk
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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