Compensation Rights for Wrongful Death in Phoenix, AZ
The death of a loved one is always difficult and always emotional. When the death has occurred due to an accident, misjudgment, or error on the part of another individual, corporation or business, or government entity, the individual or entity may be considered legally “wrong” and may be held financially liable.
Wrongful death is a statutory claim brought by the surviving spouse, children, or parents of the deceased. Compensation can be claimed for the emotional harm and financial damage that has occurred.
In addition to the mental and emotional suffering of the family, the mounting financial obligations can be overwhelming. Medical and hospital bills, funeral expenses, and loss of financial support by the deceased can even result in bankruptcy for some families.
Wrongful death can be the result any negligent act, such as:
- Medical negligence
- Auto accident
- Truck accident
- Nursing home abuse
- Defective products
- Dog bites/attack
- Construction accident
- Surgical errors
- Fire
- Trip or slip and fall
Wrongful death claims can be filed for personal injuries, future economic loss, medical bills, and wage loss of the deceased. In a wrongful death case, the plaintiffs are entitled to recover damages for loss of companionship, love, financial support, emotional support, emotional distress, funeral expenses, burial expenses, and other losses.
At Ely, Bettini, Ulman, Rosenblatt & Ozer, we have experienced attorneys that can help protect your rights and get the compensation your family deserves. Let our expertise work for you.
For questions regarding Arizona state law statues for wrongful death claims please contact us and set up a free consultation.
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Arizona Wrongful Death Law: Car Accident FAQs
Who Can File a Wrongful Death Claim in Arizona After a Car Accident?
In Arizona, the surviving spouse, children, or parents can file a wrongful death claim after a fatal car crash. If none of those relatives survive, the personal representative of the estate can file on behalf of the estate and statutory beneficiaries. Only one lawsuit is filed, and any recovery is distributed among eligible family members. When minors are involved, the court typically reviews and approves settlements. A wrongful death attorney can help identify the proper party and protect everyone’s rights under A.R.S. § 12-611 to 12-613.
How Long Do I Have to File a Wrongful Death Lawsuit in Arizona?
You generally have two years from the date of death to file a wrongful death lawsuit in Arizona. If the claim involves a public entity or employee in Phoenix (such as the City of Phoenix or ADOT), you must serve a Notice of Claim within 180 days and file suit within one year. Some limited exceptions can pause or extend deadlines, especially for minors, but they are strictly applied. Because evidence fades fast, speak with a wrongful death lawyer as soon as possible to preserve your claim.
What Damages Can Be Recovered in a Wrongful Death Auto Accident Case?
Families can recover economic damages like funeral and burial expenses, the loss of the decedent’s expected earnings and benefits, and the value of household services. They can also recover non-economic damages for loss of love, companionship, guidance, and emotional support. In extreme cases of reckless or intentional conduct, punitive damages may be available (but not against public entities). Separately, a survival action by the estate can recover the decedent’s medical bills and, for deaths after 2022, the decedent’s pain and suffering. Arizona has no cap on wrongful death damages in Phoenix, AZ.
How Is a Wrongful Death Car Accident Case Different From a Personal Injury Case?
A wrongful death case seeks compensation for the family’s losses after a fatal crash, while a personal injury case compensates the injured person for their own harm. In Arizona, wrongful death is brought by eligible survivors (or the estate’s representative) and focuses on lost financial support, companionship, and funeral costs. A survival action may also recover the decedent’s medical bills and pain and suffering. Personal injury claims don’t involve probate issues or distribution among beneficiaries. Both use the same negligence standards, but wrongful death cases often require economists, probate coordination, and careful valuation of future earnings.
If you’ve lost a loved one in a car accident in Phoenix, AZ, contact our wrongful death attorneys for a free, confidential consultation. We handle the investigation, insurance negotiations, and court filings while you focus on your family.