Arizona Wrongful Death Attorney
Arizona Wrongful Death Attorney: Guidance for Families After a Preventable Death
A wrongful death attorney in Arizona can explain who is allowed to file, what a family can recover and how little time there is to act. 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). The filing deadline is generally 2 years from the date of death (A.R.S. 12-542(2)).
- 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
- Basis of the claim
- A death caused by a wrongful act, neglect or default
- A.R.S. 12-611
- Damage caps
- None on personal injury or death damages
- Ariz. Const. art. 2 sec. 31; art. 18 sec. 6
What to Expect From a Wrongful Death Attorney in Arizona
Nothing about this is easy, and we do not pretend otherwise. A family that has lost someone to a crash, a fall, an attack or another preventable event is also facing funeral costs, bills, insurance calls and questions about who is responsible. Our job is to take the legal weight off your shoulders so you can grieve.
As an Arizona wrongful death law firm, Valley Accident Law starts with a conversation, not a form. Our attorney, Charles Paglialunga, brings 32 years of experience helping injured people and families across the Phoenix metro, and we take cases anywhere in Arizona. We will explain your legal rights in plain language, tell you what we see in the facts, and explain what happens next, at the pace you set.
If an insurance adjuster has already contacted you, you do not have to answer questions or agree to a recorded statement before you talk with us. The earlier you call, the better, but it's never too late to find out your legal rights.
What Is a Wrongful Death Lawsuit?
People often ask what is a wrongful death lawsuit, and the plain answer is this: it is a civil claim, brought by the family, against the person or business whose carelessness or wrongful conduct caused a death. Arizona law says that when a death is caused by wrongful act, neglect or default, whoever would have been liable had the person lived is liable for damages (A.R.S. 12-611). In other words, the claim asks the same question the person could have asked if they had survived: who is responsible for what happened?
Wrongful death claims come from many kinds of events: car, truck and motorcycle crashes, pedestrian and bicycle collisions, drunk driving, unsafe property, dog attacks, and other situations where someone failed to use reasonable care. A claim is not a way to put a price on a life. It is the way Arizona law gives a family a path to hold someone responsible and to recover for what the loss has taken from them.
A wrongful death lawsuit is separate from any police investigation or criminal charge. Both can happen at the same time, and they answer different questions. Our guide to the personal injury claim process shows how a civil claim moves from the first call to a resolution.
Who Can File a Wrongful Death Lawsuit in Arizona?
Arizona decides who may bring the claim, and the list is narrower than many families expect. This is one of the first things we sort out with you.
| Who may bring the claim | Who the claim is brought for | What to know |
|---|---|---|
| Surviving spouse | The spouse, the children and the parents | A spouse can act for the whole group |
| Child of the person who died | The spouse, the children and the parents | Adult children are included |
| Parent or guardian | The spouse, the children and the parents | Often the starting point when a young person has died |
| Personal representative of the estate | The spouse, the children and the parents, or the estate if none survive | Named in the probate process |
| Siblings and other relatives | Not statutory beneficiaries | Siblings generally cannot recover under the statute, but they can still call us to talk |
Source: A.R.S. 12-612, confirmed by our attorney in 2026
Call a Wrongful Death Claim Lawyer Early: The Clock Starts at the Date of Death
The general deadline for a wrongful death claim is 2 years from the date of death, not from the date of the crash or the date of the funeral (A.R.S. 12-542(2)). Some situations shorten the time. If a public entity may be involved, such as a city road, a government vehicle or a public building, a written notice of claim is due within 180 days (A.R.S. 12-821.01), the entity has 60 days to respond, and a lawsuit generally must be filed within 1 year (A.R.S. 12-821). If a bar or restaurant served alcohol to a driver who then caused a death, you likely have only one year from the date of the crash to bring the statutory dram shop claim against the establishment, so call immediately (A.R.S. 4-311). These rules have exceptions, so call us and we will explain how they apply to you.
Step by step
How to File a Wrongful Death Lawsuit in Arizona
The steps below describe the usual path. Every family and every set of facts is different, and we will tell you where you are in the process.
- 1
Decide who will bring the claim.
A surviving spouse, a child, a parent or guardian, or a personal representative may bring it for the people the statute protects. When a family disagrees or an estate has not been opened, we help you sort out the right person.
- 2
Preserve the evidence.
We send written preservation requests to companies and agencies that hold records. In truck cases this matters especially, because carriers must keep driver logs for only six months before they may discard them (49 CFR 395.8(k)).
- 3
Investigate what happened.
We review the police or investigation report, photographs, vehicle data, witness accounts and medical records, and we identify every person or business that may share responsibility.
- 4
Present the claim to the insurance companies.
We document the family's losses and make a demand. Insurance companies and attorneys often negotiate the percentage of fault, so we prepare for that argument from the start.
- 5
File the lawsuit before the deadline if the claim does not resolve.
A lawsuit filed in time protects the family's rights while negotiations continue. We keep you informed about every step and every offer.
What a Wrongful Death Claim Can Cover
In Arizona a jury awards the damages it deems fair and just for the injury to the surviving parties, considering mitigating or aggravating circumstances (A.R.S. 12-613). Families commonly present evidence of the losses below.
- Financial support
The income, benefits and support the person would have provided over the years ahead.
- Love, care, guidance and companionship
The loss of a spouse, a parent or a child is real even though no bill arrives for it. The claim can reflect it.
- Household services
The work around the home and the care of children that the person did every week.
- Medical and funeral expenses
Final medical care and funeral costs are part of the evidence we gather.
- Punitive damages in rare cases
Where a defendant acted with an evil mind, shown by clear and convincing evidence, such as outrageous conduct that showed a conscious and deliberate disregard for the safety of others (Linthicum v. Nationwide (Ariz. 1986)).
- No cap on the amount
Arizona has no caps on personal injury or death damages (Ariz. Const. art. 2 sec. 31; art. 18 sec. 6). Recovery is not subject to the debts of the person who died unless the claim is brought on behalf of the estate.
A Wrongful Death Claim and a Criminal Case Are Separate
When a death involves a drunk driver or another crime, families sometimes wait for the criminal case to end. That can be a costly mistake, because the civil clock keeps running.
Civil wrongful death claim
- Brought by the family or the estate's personal representative
- Seeks damages for the family's losses
- Has its own deadline, generally 2 years from the date of death (A.R.S. 12-542(2))
- Is independent of the criminal case, whatever happens there
Criminal case
- Brought by the state, not by the family
- Aims at punishment, not at paying the family's losses
- Arizona makes it unlawful to drive impaired to the slightest degree, or with an alcohol concentration of 0.08 or more within two hours of driving (A.R.S. 28-1381)
- The family does not control the charges or the timing
Records and Information That Help a Wrongful Death Claim
You do not need to have everything before you call. Gather what you can, and we will request the rest.
- The death certificate and the date and place of death
- The police or investigation report number, or the name of the agency that responded
- Insurance information for every vehicle, business or property owner involved
- Medical records and bills, including emergency care and final treatment
- Funeral and burial expenses
- Pay stubs, tax returns and benefit records that show the income the person earned
- Photos and videos of the scene, the vehicles or the property, if safely possible to find
- Names and phone numbers of witnesses, and any messages sent by the other side
Who Else May Be Responsible, and How the Money Questions Work
More than one party can share responsibility for a death. A trucking company may be responsible for its driver and its maintenance, a bar may be responsible for serving an obviously intoxicated customer (A.R.S. 4-311), and a property owner or a government agency may be responsible for a dangerous condition. In Arizona each defendant is generally responsible for its own share rather than for the whole (A.R.S. 12-2506), with exceptions, so identifying every responsible party early matters. See our pages on truck accident claims and dram shop liability.
Insurance often decides how much is available. The minimum liability coverage in Arizona is $25,000 per person and $50,000 per accident for bodily injury (A.R.S. 28-4009), which can be far less than a family's losses. When the at-fault driver carries too little coverage or none, your own uninsured and underinsured motorist coverage may matter, and written notice to your own insurer is due within 3 years (A.R.S. 12-555). Our guide to Arizona insurance minimums explains the numbers.
Arizona uses pure comparative fault (A.R.S. 12-2505), so an argument that the person who died shared some blame may reduce a recovery, but no percentage bars it. Medical bills can also bring liens against a settlement, which we explain in our guide to medical liens. You pay no attorney fee unless we recover money for you.
Wrongful Death Attorney by City in the Phoenix Metro
Each city has its own police department, roads and hospitals. These pages cover the local details for families in these cities.
Questions
Questions about Arizona wrongful death cases
Who can file a wrongful death lawsuit in Arizona?
The surviving spouse, a child, a parent or guardian, or the personal representative of the estate may bring the claim, for the benefit of the spouse, children and parents, or the estate if none survive (A.R.S. 12-612). If you are not sure which person in your family should act, we can help you work that out.
How long does a family have to file?
The general deadline is 2 years from the date of death (A.R.S. 12-542(2)). Claims that involve a public entity or a bar that served alcohol can have much shorter deadlines. These rules have exceptions, so call us and we will explain how they apply to you.
Can a sibling or another relative file?
Siblings are not statutory beneficiaries under Arizona's wrongful death statute. That does not mean a conversation is pointless, and we are glad to talk through your situation and explain who can act.
What can a family recover?
A jury awards the damages it deems fair and just for the injury to the surviving parties (A.R.S. 12-613). Families commonly present evidence of lost financial support, lost companionship and guidance, lost household services, and medical and funeral costs. Arizona has no caps on death damages.
Does the criminal case have to end before we file?
No. A civil wrongful death claim is independent of the criminal case, and the civil deadline keeps running while the criminal case moves forward. Waiting can injure your legal rights.
What if the person who died was partly at fault?
Arizona uses pure comparative fault (A.R.S. 12-2505). A share of fault placed on the person who died may reduce a recovery, but no percentage bars it. Insurance companies and attorneys often negotiate that percentage, so it deserves careful attention.
What should I look for in an Arizona wrongful death law firm?
Look for a firm that listens, explains the deadlines honestly, tells you who it thinks is responsible and why, and answers your questions without pressure. Ask how fees work. At Valley Accident Law, You pay no attorney fee unless we recover money for you.
Is there a cost to talk with you first?
No. The first step is a free case review, and there is no obligation. You pay no attorney fee unless we recover money for you.
Free case review
We are here to answer your questions, whenever you are ready.
Our experienced and friendly attorney will explain your legal rights and what the deadlines mean for your family. You pay no attorney fee unless we recover money for you. The earlier you call, the better, but it's never too late to find out your legal rights. Request your free case review or call (602) 584-8054. Call any time. Office visits Monday to Friday, 9 to 5.
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