Arizona Wrongful Death Lawyer

Losing a family member due to someone else’s negligence is a painful and emotional experience. Arizona law allows families to seek justice on behalf of their deceased loved ones. 

At Runion Personal Injury Lawyers, our Arizona wrongful death attorneys know what’s at stake for grieving families. We offer compassionate, personalized support and work relentlessly to hold the at-fault party accountable. 

From day one, you’ll have an experienced legal team that listens to your story, explains your rights, and fights for the justice your family deserves.

Contact us today or call (602) 825-3502 to schedule a complimentary consultation.

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$50+ Million Recovered

What Is Considered a Wrongful Death Under Arizona Law?

According to A.R.S. § 12-611, wrongful death in Arizona occurs when another person’s actions or neglect cause someone’s death. In other words, if the person had survived, the actions done to them would have warranted a personal injury claim. However, due to their passing, the surviving family members can now pursue justice through a wrongful death claim.

Wrongful deaths can result from numerous types of accidents in Arizona, including the following:

Who Can File a Wrongful Death Lawsuit in Arizona?

Under Arizona Revised Statutes § 12-612, the specific parties who are legally eligible to file a wrongful death lawsuit in Arizona are:

  • The surviving spouse: The surviving spouse has the first right to file a wrongful death lawsuit. If there’s a surviving spouse, they can bring the claim individually or on behalf of all beneficiaries.
  • The deceased person’s children: If there’s no surviving spouse, the children of the deceased may file. This includes both biological and adopted children.
  • The deceased person’s parents: If the deceased had no surviving spouse or children, the parents of the deceased may bring a wrongful death claim.
  • A personal representative: The personal representative of the deceased’s estate may also file the lawsuit. They may do so on behalf of any eligible spouse, children, or parents. They ensure that damages awarded are distributed according to Arizona law.

Why Choose Runion Personal Injury Lawyers for Your Wrongful Death Claim in Arizona?

Our dedicated team of attorneys has extensive experience in Arizona wrongful death cases. Below are a few reasons to trust our team to get the job done.

  • Exclusive focus on personal injury and wrongful death: Our firm handles personal injury and wrongful death cases exclusively, giving us deep knowledge and commitment to this area of law.
  • Proven track record: We have recovered over $30 million for clients and boast 55+ years of combined experience.
  • Personalized, compassionate representation: Clients are treated like family, with empathy, dignity, and regular communication. We provide tailored legal strategy and hands-on support throughout your case.
  • No fees unless we win: Our contingency-fee structure means that clients never pay out-of-pocket unless our firm wins their case.
  • Bilingual support and inclusive representation: We have Spanish-speaking attorneys and staff to connect with Hispanic and Latino communities. Our firm prioritizes cultural awareness and accessibility.
  • Local roots, local knowledge: Our seasoned attorneys understand local courts, laws, and juries.
  • Dedication to justice and maximum compensation: We’re committed to holding negligent parties accountable and to securing full and fair compensation for every client.

What Compensation Can You Recover in a Wrongful Death Claim?

A successful wrongful death case can result in several forms of compensation, including economic, non-economic, and punitive damages.

Economic damages are the tangible losses your family experiences due to your loved one’s passing, such as:

Non-economic damages encompass the more subjective losses, including:

Punitive damages are rare and apply only in cases of extreme negligence or malicious intent, such as drunk driving or assault. 

To calculate these damages and award them, the court or jury will consider factors such as:

  • The deceased’s age, health, and life expectancy
  • Their occupation, income, and potential future earnings
  • The relationship between the deceased and the surviving beneficiaries
  • The emotional impact on surviving family members

There’s no statutory cap on wrongful death damages in Arizona, so each case is evaluated individually.

How Long Do You Have To File a Wrongful Death Lawsuit in Arizona?

Under A.R.S. § 12-542, surviving family members generally have two years from the date of death to file a wrongful death lawsuit in Arizona. While some limited exceptions may apply, such as delayed discovery of the cause of death, this deadline is strictly enforced. Missing it could mean losing the right to pursue compensation.

Do not wait. A wrongful death attorney can help you understand your timeline and take fast action to protect your family’s future.

How Can an Arizona Wrongful Death Lawyer Help You?

A wrongful death attorney in Arizona can guide you through every step of your case while protecting your family’s best interests. At Runion Personal Injury Lawyers, we offer:

  • Thorough investigation of the incident
  • Collection of critical evidence
  • Consultation with medical and accident experts
  • Skilled negotiation with insurance companies
  • Trial-ready litigation, when necessary

Beyond the legal process, our hardworking team provides compassionate guidance and emotional support for our clients—because we know what you’re going through is not just legal, but deeply personal.

Derick Runion

“Runion Personal Injury Lawyers has the experience to handle your case from the beginning according to best practices. That means that we’re gathering crucial evidence from the outset and ensuring that it’s preserved so that we can make a liability argument”

Derick Runion

How Do I Prove a Wrongful Death Claim in Arizona?

To pursue a wrongful death claim in Arizona, your legal team must establish four key elements:

  • Duty of care: The defendant had a legal obligation to act with reasonable care toward the deceased.
  • Breach of duty: That duty was violated through negligent, reckless, or intentional behavior.
  • Causation: The breach directly caused their death.
  • Damages: The surviving family members suffered financial and emotional harm as a result.

Proving each of these elements requires thorough evidence, expert analysis, and a clear understanding of Arizona wrongful death laws. The attorneys at Runion Personal Injury Lawyers have the experience and resources to build a strong case on your family’s behalf.

What Are the Common Causes of Wrongful Death in Arizona?

Various scenarios commonly lead to wrongful death claims, including the following: Negligence or intentional acts, such as criminal acts or nursing home abuse.

Arizona Wrongful Death FAQs

What Is the Difference Between Wrongful Death and Criminal Homicide?

Unlike a wrongful death claim, which seeks financial compensation for the survivors’ losses caused by another party’s negligence, recklessness, or intentional act, a criminal homicide case is a criminal prosecution by the state against someone accused of unlawfully causing another person’s death. Its purpose is to punish the wrongdoer for breaking the law and to protect the public.

No, siblings generally don’t have the legal right to file a wrongful death claim in Arizona unless they’re the personal representative of the deceased’s estate.

Under A.R.S. § 12-612, only one wrongful death claim can be filed for the same person’s death. Multiple surviving beneficiaries cannot each file separate lawsuits for the same wrongful death.

Arizona follows a pure comparative negligence system under A.R.S. § 12-2505, meaning that even if the deceased was partially at fault, the family can recover a percentage of the total damages. For example, if a jury awards $500,000 in wrongful death damages, and the deceased is found to be 40% responsible for the accident, the surviving family can still recover 60%, or $300,000.

The exact amount of time a wrongful death case takes depends on factors like the investigation process, insurance negotiations, and litigation. Many wrongful death claims resolve in 12–24 months, but some settle in a few months, while others can take several years, especially if they go to trial.

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