Wrongful Death Car Accident Attorney in Phoenix, AZ
Losing a family member in a car accident is difficult and deeply painful. When that death was caused by another driver's negligence, Arizona law gives the surviving family the right to pursue financial compensation for what they have lost. Ely, Bettini, Ulman, Rosenblatt & Ozer has represented families in Phoenix, AZ, through wrongful death cases for over 50 years. We handle every aspect of the legal process so your family can focus on what matters. Call 1-800-303-2144 for a free consultation.
What Makes a Fatal Car Accident a Wrongful Death Case in Arizona
A wrongful death claim arises when a car accident results in a death caused by another party's negligent, reckless, or wrongful conduct. This includes distracted drivers, drunk drivers, speeding violations, failure to yield, and commercial vehicle operators who breach their duty of care. Arizona law under A.R.S. § 12-611 to 12-613 defines who can file and what damages can be recovered. The key question is whether the deceased could have brought a personal injury claim had they survived. If the answer is yes, a wrongful death claim is likely available to the family.
Who Can File a Wrongful Death Claim After a Phoenix Car Accident
Arizona law limits who can bring a wrongful death lawsuit. The surviving spouse is first in line. If there is no surviving spouse, the deceased's children may file. If no children survive, the parents of the deceased may bring the claim. When none of those parties are available, the personal representative of the estate can act on behalf of the statutory beneficiaries. Only one wrongful death lawsuit is filed, and any recovery is distributed among eligible family members. When minors are involved, a court typically reviews and approves the settlement before it is finalized.
Compensation Families Can Recover After a Fatal Crash in Phoenix
Arizona wrongful death claims can recover both economic and non-economic damages. Economic damages include funeral and burial expenses, the financial support the deceased would have provided over their working life, the value of household services they performed, and lost benefits such as health insurance or retirement income. Non-economic damages cover the loss of companionship, love, guidance, and emotional support the family will no longer receive. In cases involving extreme recklessness, punitive damages may also be available. Arizona does not cap wrongful death damages. A separate survival action by the estate can recover the deceased's own medical bills and, for deaths after 2022, the deceased's pain and suffering from the time of the crash to the time of death.
Why Hiring an Attorney Matters in Fatal Car Accident Cases
Wrongful death cases are more complex than standard personal injury claims. They often require economic experts to calculate future lost earnings, coordination with the probate process, and negotiations with multiple insurance carriers. Evidence from the crash scene, the police report, witness statements, and sometimes accident reconstruction specialists all play a role in building the strongest possible case. Our attorneys have over 200 years of combined experience handling serious injury and wrongful death cases in Phoenix and throughout Arizona. We work on a contingency fee basis. If there is no recovery, there is no fee.
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Frequently Asked Questions: Wrongful Death Car Accident Claims in Phoenix, AZ
How long does a family have to file a wrongful death lawsuit in Arizona after a fatal car accident?
Arizona generally gives families two years from the date of death to file a wrongful death lawsuit. If the case involves a government entity such as the City of Phoenix or ADOT, a Notice of Claim must be filed within 180 days and the lawsuit must be filed within one year. These deadlines are strictly enforced. Contacting a wrongful death attorney in Phoenix as soon as possible after the accident preserves your options and protects critical evidence from disappearing.
Can a family file a wrongful death claim even if the deceased was partially at fault?
Yes. Arizona follows a pure comparative fault system, which means a family can still recover compensation even if the deceased driver shared some responsibility for the accident. The total award is reduced by the percentage of fault assigned to the deceased. For example, if the deceased was found 20 percent at fault, the family's recovery would be reduced by that amount. An experienced attorney works to ensure fault is assessed fairly and not inflated by the opposing insurance company.
What is the difference between a wrongful death claim and a survival action in Arizona?
A wrongful death claim compensates the surviving family for their own losses, including the loss of financial support, companionship, and emotional harm. A survival action, filed separately by the estate, recovers damages the deceased could have claimed had they survived, including medical bills and, in deaths after 2022, the deceased's own pain and suffering. Both claims can arise from the same fatal car accident. An attorney coordinates both to maximize the total recovery for the family and the estate.
If your family has lost someone in a car accident in Phoenix and you need to understand your legal options, contact Ely, Bettini, Ulman, Rosenblatt & Ozer at 1-800-303-2144. The initial consultation is free and you pay nothing unless we win. Learn more about our firm on our personal injury lawyer page or review our case results to see what we have recovered for Phoenix families.