No family should ever have to experience the pain of losing a loved one because of someone else’s carelessness or wrongdoing. Sadly, many fatal accidents are entirely preventable, yet they continue to happen every day.
Whether your loved one’s death resulted from a car crash, workplace incident, or a defective product, the party responsible should be held accountable.
At Tawney, Acosta & Chaparro P.C., you’ll work with a Phoenix wrongful death lawyer who understands the depth of your loss and the challenges your family is facing. Our team has extensive experience handling a wide range of wrongful death cases and approaches each one with the compassion, dedication, and professionalism every grieving family deserves.
For a free consultation, please don’t hesitate to call (575) 222-1000 or fill out our online form today.
What Is Wrongful Death?
A wrongful death happens when someone’s careless or intentional actions cause the tragic loss of another person’s life.
This type of claim can arise from many circumstances, including car accidents, slip and fall injuries, other acts of negligence, and, in some cases, even criminal conduct. However, wrongful death cases are civil matters, meaning they seek financial compensation for the losses suffered by surviving family members rather than imposing criminal penalties.
In situations involving negligence, families may also have the option to pursue a separate survival action to recover damages that the victim experienced before passing away.
The most significant difference between wrongful death and a survival action is that a wrongful death claim provides compensation for damages sustained by the survivors.
In contrast, the goal of a survival action is to pursue the damages that the victim suffered before their death. This is an important distinction for families considering their legal options after losing a loved one.
Who May Sue for Wrongful Death in Arizona?
The party allowed to sue for wrongful death varies from state to state. However, Arizona permits almost any family member to pursue a case.
Under Arizona law, a wrongful death claim may be brought by the victim’s:
- Spouse,
- Children,
- Parents,
- Guardians, or
- Personal representative.
In addition, Arizona law distributes the total recovered damages among each of these individuals in proportion to their damages. Any amounts belonging to the victim’s estate will be distributed according to the person’s will.
We encourage you to check with a wrongful death lawyer in Phoenix if you’re unsure about whether you may file.
Key Arizona Laws That Govern Wrongful Death Claims
Arizona’s wrongful death laws are designed to give surviving family members a clear path to compensation when negligence leads to tragedy.
Three statutes form the foundation of most claims:
- A.R.S. § 12-611 establishes liability, stating that when a person’s wrongful act, neglect, or default causes another’s death, that party is responsible for damages;
- A.R.S. § 12-612 explains who may bring the lawsuit, including the surviving spouse, children, parents, or the personal representative of the deceased’s estate; and
- A.R.S. § 12-613 guides juries on how to measure damages, allowing recovery for both direct financial losses and other losses arising from the death, with amounts determined based on the harm and circumstances.
An experienced Phoenix wrongful death lawyer will use these laws to craft a strong case built on evidence and compassion. Because Arizona law does not cap noneconomic damages, juries can consider the full scope of emotional suffering, lost guidance, and companionship.
Working with a Phoenix wrongful death attorney who knows how to apply these statutes in local courts can make a major difference. The Maricopa County Superior Court has specific procedures for filing wrongful death actions, including notice and service requirements, which must be followed precisely to preserve your right to recovery.
Recoverable Damages in a Wrongful Death Claim
In wrongful death claims, the damages are very different from those in a personal injury claim. This is because the damages include the plaintiff’s (that is, the surviving family member) losses rather than those of the victim.
The law typically divides these damages into two categories: economic and noneconomic. Economic damages are the financial losses associated with the victim’s death.
This usually includes things like:
- Funeral expenses,
- Medical bills before death,
- Loss of household services the victim would’ve provided, and
- Lost wages and benefits of the deceased if they had lived.
Usually, these losses make up the foundation of a wrongful death claim. However, not all losses sustained by the family are financial.
Losing a loved one is also emotionally devastating and intangible. For this reason, a Phoenix wrongful death lawyer also typically pursues noneconomic damages.
Some examples of these damages include:
- Loss of love and affection,
- Loss of guidance and support, and
- The pain and suffering of surviving family members.
While some states cap the amount of noneconomic damages, Arizona does not. Therefore, noneconomic damages can make up a substantial portion of a wrongful death award.
Human life is irreplaceable, and the goal of noneconomic damages is to recognize that fact.
The Unique Realities of Wrongful Death Cases in Phoenix
Wrongful death cases in Phoenix present unique challenges and opportunities that differ from other parts of Arizona. Local population growth, heavy traffic, and extreme heat contribute to distinct causes and case patterns. According to the Arizona Department of Transportation’s Crash Facts Report (2023), Maricopa County accounted for over 60% of the state’s fatal crashes, highlighting how common catastrophic losses are within the Phoenix metro area.
Beyond vehicle accidents, wrongful death claims in Phoenix may stem from workplace incidents, defective products, or even environmental hazards like heat exposure. The Maricopa County Department of Public Health reported that more than 600 heat-associated deaths occurred in 2023, many of which involved preventable circumstances such as inadequate safety protocols or negligent property owners.
A seasoned Phoenix wrongful death lawyer understands how these local factors shape investigations and claims. For example, Phoenix’s high number of construction and logistics jobs means that work-related deaths can often involve multiple parties, from general contractors to subcontractors and equipment manufacturers. Local familiarity allows your attorney to identify who can be held liable under Arizona’s wrongful death statutes.
When families trust experienced wrongful death attorneys in Phoenix, they gain the insight of professionals who understand both the emotional and procedural complexities of pursuing justice in Maricopa County courts.
How Long You Have to File for Wrongful Death
If settlement negotiations don’t go anywhere and you decide to file a lawsuit, keep in mind that you have a limited amount of time.
In Arizona, the statute of limitations for wrongful death is two years from the date of the victim’s death.
This means that if you don’t file within this time period, the court may refuse to hear your case, so make sure you contact a Phoenix wrongful death attorney as soon as you can. It’s also important to note that certain factors, such as cases involving government entities or delayed discovery of the cause of death, may affect this deadline.
Speaking with an experienced Phoenix wrongful death lawyer early preserves critical evidence and helps file your claim correctly and on time.
How a Phoenix Wrongful Death Lawyer Builds a Strong Case
Building a persuasive wrongful death claim requires meticulous preparation and advocacy.
Here’s how a Phoenix wrongful death lawyer strengthens your case:
- Conducting a thorough investigation. This includes gathering police reports, witness statements, medical records, and expert analyses.
- Identifying all liable parties. In multi-vehicle crashes or construction-site accidents, more than one party may share responsibility.
- Calculating lifetime damages. An attorney can collaborate with financial experts to project long-term earnings and benefits the decedent would have provided.
- Negotiating with insurance companies. Insurers often undervalue the losses associated with grief and companionship. Your attorney will work for your family’s suffering to be recognized.
- Preparing for trial. If settlement is not possible, the case moves to court, where a well-prepared presentation of evidence and expert testimony can make the difference.
A compassionate Phoenix wrongful death lawyer doesn’t just pursue compensation. They help families find clarity and closure. These are just a few of the ways a wrongful death attorney in Phoenix provides your family support. Our trial-tested team will fight for the justice you and your family deserve.
Common Causes of Wrongful Death in Phoenix
While wrongful deaths can occur in countless ways, some causes appear repeatedly in Phoenix-area claims:
- Motor vehicle crashes. Phoenix consistently ranks among the highest U.S. cities for traffic volume. With multiple freeways converging, fatal collisions involving cars, motorcycles, and commercial trucks are tragically frequent.
- Workplace and construction accidents. As Phoenix continues rapid development, construction sites remain high-risk areas. Negligent supervision, unsafe scaffolding, and a lack of protective gear can all lead to fatal injuries.
- Defective products. When faulty auto parts, machinery, or consumer goods lead to a death, manufacturers and distributors may share liability.
- Medical malpractice. Hospitals and providers in Phoenix have faced wrongful death claims for errors such as delayed diagnosis, surgical mistakes, and medication errors.
- Heat-related deaths and negligent care. In Arizona’s intense climate, negligence involving heat safety (e.g., lack of air conditioning in assisted living facilities or failure to provide water during outdoor work) can lead to fatal outcomes.
These diverse causes demonstrate why hiring a Phoenix wrongful death lawyer familiar with local industries, courts, and insurance defense teams is so critical.
Why Choose a Local Phoenix Wrongful Death Law Firm
When selecting representation, it’s important to work with a wrongful death law firm that is deeply rooted in the Phoenix community.
Local knowledge plays a key role in these cases:
- Understanding local courts. Familiarity with Maricopa County judges and procedures means fewer procedural missteps.
- Access to local experts. Medical examiners, accident reconstructionists, and economists who frequently testify in Phoenix courts add credibility to your claim.
- Community reputation. Insurance companies recognize experienced Phoenix wrongful death lawyers who consistently achieve strong verdicts in local courts.
At Tawney, Acosta & Chaparro P.C., our legal team combines local insight with national-level resources. We take pride in standing up for families throughout Phoenix who have lost loved ones due to negligence or misconduct.
Frequently Asked Questions About Wrongful Death in Phoenix
Losing someone you love is painful and confusing. It’s normal to have questions about your rights, your options, and what to expect from the legal process. Below, our Phoenix wrongful death lawyers answer some of the most common questions families ask when considering a claim.
How Long Do I Have to File a Wrongful Death Claim in Arizona?
Under A.R.S. § 12-542, families generally have two years from the date of death to file a wrongful death lawsuit. However, claims involving government entities may have shorter notice deadlines. Contact a Phoenix wrongful death lawyer as soon as possible to preserve your right to compensation.
Who Receives Compensation in a Wrongful Death Settlement?
Arizona divides the award among qualifying survivors, typically the spouse, children, and parents, in proportion to their individual damages. The court oversees fair distribution.
What Makes Wrongful Death Cases in Phoenix Unique?
The city’s rapid growth, traffic congestion, and extreme temperatures contribute to a higher number of preventable deaths. Local experience helps a Phoenix wrongful death lawyer understand how to investigate and present evidence relevant to these factors.
What If the At-Fault Party Is Uninsured or Underinsured?
A Phoenix wrongful death attorney can identify other potential sources of recovery, such as the decedent’s own uninsured motorist policy or third-party defendants (like vehicle manufacturers or employers).
How Much Is a Wrongful Death Claim Worth?
Every case is different. Courts consider factors such as the victim’s age, earnings, dependents, and the circumstances of the death. There is no set formula, but working with experienced Phoenix wrongful death lawyers helps your claim be thoroughly documented and valued appropriately.
Do I Have to Go to Court?
Many wrongful death cases resolve through settlement. However, if a fair resolution isn’t possible, your Phoenix wrongful death lawyer will prepare your case for trial and advocate for full justice in court.
How Do I Choose the Right Lawyer for My Family?
Look for a wrongful death law firm that offers compassionate communication, a proven track record in Arizona, and strong trial experience. The attorneys at Tawney, Acosta & Chaparro P.C. are trusted advocates for Phoenix families navigating these painful circumstances.
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil action that allows the surviving family to pursue compensation for their losses. It focuses on financial and emotional damages caused by the wrongful death. A criminal case, on the other hand, is brought by the state to punish the at-fault party. Even if a defendant is not convicted in criminal court, a Phoenix wrongful death attorney can still pursue a civil case on behalf of the family because the burden of proof is lower in civil proceedings.
Can Multiple Family Members File Separate Wrongful Death Claims?
No, only one wrongful death lawsuit can be filed per decedent. However, all eligible survivors (spouse, children, parents, or estate representative) can be included in the same case, and the court or jury will determine how damages are distributed among them.
What If the Deceased Person Was Partially at Fault?
Arizona follows a pure comparative negligence system, meaning damages are reduced by the victim’s percentage of fault but not eliminated entirely. For instance, if your loved one was found 20% at fault, your family could still recover 80% of the total damages. A skilled Phoenix wrongful death lawyer can help gather evidence to minimize any claims of shared responsibility.
How Long Does It Take to Resolve a Wrongful Death Case?
Timelines vary depending on the complexity of the case, number of defendants, and parties’ willingness to settle. Some cases resolve in several months or a year through negotiation, while others may take longer if they go to trial. Working with a dedicated wrongful death law firm helps meet all deadlines and keep the process moving as efficiently as possible.
What Types of Evidence Help Prove Wrongful Death in Phoenix?
Evidence can include accident reports, surveillance footage, medical records, expert testimony, and witness statements. Local firms often collaborate with wrongful death attorneys in Phoenix who have access to trusted experts, such as accident reconstructionists or medical specialists, to strengthen your case.
Can a Wrongful Death Settlement Be Taxed?
Generally, compensation for wrongful death is not taxable under federal or Arizona law when it relates to physical injury or emotional distress from that injury. However, certain damages, such as punitive awards or interest, may be taxable. An experienced Phoenix wrongful death lawyer can connect you with financial advisors to help you understand any potential tax implications.
Our Phoenix Wrongful Death Attorneys Are Here for You
Filing a wrongful death claim on your own is incredibly difficult. However, you don’t have to go through it alone.
At Tawney, Acosta & Chaparro P.C., we understand the ins and outs of wrongful death in Arizona. While no amount of money can replace your loved one, we believe that you and your family deserve recompense.
To schedule a free consultation with a wrongful death lawyer in Phoenix, call us at (575) 222-1000 or contact us online.