If you have lost a loved one due to someone else’s negligence in Arizona, understanding your legal rights is a critical first step toward justice. This guide covers Arizona’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Arizona is widely considered a plaintiff-friendly state for wrongful death claims, and understanding the state’s legal framework is essential before taking action.
Arizona Wrongful Death Laws
The Arizona Wrongful Death Statute
Arizona’s wrongful death law is governed by Arizona Revised Statutes § 12-611. The statute allows certain family members to file the wrongful death claim directly, without the need for a court-appointed Personal Representative. Arizona follows a compensatory damages framework, allowing families to recover for the full financial and emotional impact of their loss.
Who Can File
Arizona allows the spouse, children, or parents of the deceased to file the wrongful death lawsuit directly. This is more plaintiff-friendly than many states that require a court-appointed Personal Representative. If none of these family members exist, the Personal Representative of the estate may file.
Statute of Limitations
Arizona imposes a 2-year statute of limitations for wrongful death claims, measured from the date of death. Missing this deadline permanently bars the family from pursuing a civil claim.
Recoverable Damages
Arizona allows recovery for pecuniary loss, loss of companionship, mental anguish, and funeral and burial expenses. There are no caps on wrongful death damages in Arizona, allowing families to pursue full and unlimited compensation for the true extent of their losses. This makes Arizona one of the most favorable jurisdictions for wrongful death plaintiffs in the country.
Survival Action
Arizona maintains a separate survival action alongside the wrongful death claim. The survival action allows the estate to recover for the deceased’s own pre-death losses, including pain and suffering, medical expenses incurred before death, and lost earnings during the period between injury and death.
Top 3 Wrongful Death Attorneys in Arizona
1. Schmidt, Sethi & Akmajian
Location: Tucson, AZ
Phone: (520) 790-5600
Website: https://azinjurylaw.com
Known as the AZ Injury Law team, their partners are Board-Certified specialists in personal injury and wrongful death. They are thorough in calculating both pecuniary losses and the mental anguish suffered by the family. They have a dominant track record in holding hospitals and large corporations accountable without the restrictions of damage caps, and their board certification demonstrates a level of specialization that sets them apart from general practice firms.
2. Rafi Law Group, PLLC
Location: Phoenix, Tucson, Mesa, Avondale (Statewide reach)
Phone: (623) 207-1555
Website: https://rafilawgroup.com
One of the fastest-growing and highest-volume firms in Arizona. They have the financial backing to hire top-tier accident reconstructionists and medical experts. They excel in fatal commercial trucking and highway accidents, focusing heavily on securing maximum compensation for loss of companionship and funeral expenses for surviving spouses and children. Because family members can file directly in Arizona without needing a court-appointed representative, their team provides immediate legal support from the first consultation.
3. Panish | Shea | Ravipudi LLP
Location: Cases handled in AZ (Offices in CA/NV)
Phone: (877) 800-1700
Website: https://psbr.law
While headquartered in California, PSBR litigates catastrophic wrongful death and aviation and trucking disasters in Arizona. With over $10 billion in secured verdicts and settlements, they are legal titans with the heavy artillery required to take on massive corporate defendants, defective product manufacturers, and commercial airline carriers in Arizona courts. If a wrongful death involves a large corporate defendant, this firm has the resources to match.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Arizona?
Arizona law allows the spouse, children, or parents of the deceased to file directly. This is one of Arizona’s most plaintiff-friendly features – families do not need to go through probate court to appoint a Personal Representative before filing. If the deceased has no surviving spouse, children, or parents, the Personal Representative of the estate may file on behalf of the estate’s beneficiaries.
Are there any limits on how much I can recover?
No. Arizona imposes no caps on wrongful death damages. Juries may award whatever amount they determine is fair and just to compensate the family for their financial losses, emotional suffering, and loss of companionship. This unlimited damages framework makes thorough preparation and strong expert testimony critical to maximizing the verdict.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses. A survival action compensates the estate for what the deceased personally suffered between the time of injury and death, including their own pain and suffering, medical bills, and lost income during that period. Arizona allows both claims to be pursued simultaneously.
Does the outcome of a criminal case affect my civil claim?
No. A civil wrongful death lawsuit and any criminal prosecution operate entirely independently. You may pursue a civil claim regardless of whether the responsible party was criminally charged or convicted.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline begins running from the date of death. Preserve any evidence related to the incident. Obtain a copy of the death certificate and any accident or incident reports. Do not speak with the responsible party’s insurance company without first consulting an attorney.
Closing
Arizona’s plaintiff-friendly wrongful death framework – including direct filing rights for family members and no damage caps – makes it one of the stronger states for pursuing justice after a preventable death. The firms listed above have the resources and experience to maximize recovery for your family. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today for a free, confidential consultation.
For immediate grief support resources, contact the National Alliance for Grieving Children at (866) 432-1542.