Phoenix Wrongful Death Lawyer

Losing a family member because of someone else's carelessness is a pain no settlement can undo. While no legal claim can bring your loved one back, a wrongful death case can provide financial stability for the family left behind, hold the responsible party accountable, and give your family a measure of justice and closure. At Caruso Injury Law, we handle these cases with compassion, discretion, and determination, so your family can grieve while we carry the legal burden.

What Is a Wrongful Death Claim in Arizona?

A wrongful death claim arises when a person dies because of another party's negligent, reckless, or intentional act. Arizona's wrongful death statutes, A.R.S. §§ 12-611 through 12-613, allow certain surviving family members to recover for the losses caused by the death. These claims commonly stem from fatal car, motorcycle, and truck accidents, but they also arise from medical negligence, defective products, unsafe premises, workplace incidents, and acts of violence.

A wrongful death claim is separate from any criminal case. A criminal prosecution punishes the wrongdoer on behalf of the state, while a wrongful death claim compensates the family. A family can pursue a civil claim even if no criminal charges are filed, or even if the defendant was acquitted, because the burden of proof in a civil case is lower.

Who Can File a Wrongful Death Claim in Arizona

Arizona law is specific about who may bring a wrongful death action. Under A.R.S. § 12-612, the claim may be filed by the surviving spouse, a surviving child, a surviving parent or legal guardian, or the personal representative of the deceased's estate on behalf of those statutory beneficiaries. Arizona does not allow more distant relatives, such as siblings, or unmarried partners, to bring a claim in their own name. When more than one eligible family member exists, the claim is typically pursued together for the benefit of all.

Damages Available to Arizona Families

Arizona's wrongful death statute directs the jury to award damages that are fair and just for the losses suffered by the surviving family. Because the Arizona Constitution (Article 2, Section 31) prohibits caps on damages, there is no artificial ceiling on what a family may recover. Damages may include:

• Medical, funeral, and burial expenses related to the death
• Loss of the income, services, and financial support the deceased would have provided
• Loss of the love, companionship, comfort, care, and guidance the deceased gave to the family
• The pain, grief, sorrow, and emotional suffering of the surviving family members
• Loss of the deceased's anticipated future earnings and benefits
• In cases of egregious or reckless conduct, punitive damages against the wrongdoer

Common Causes of Wrongful Death in Arizona

Fatal claims in Arizona arise in many contexts. The most common are motor vehicle collisions involving cars, motorcycles, commercial trucks, pedestrians, and bicyclists. Others include medical malpractice such as surgical errors and misdiagnosis, dangerous or defective products, nursing-home neglect, drownings and other unsafe-premises incidents, workplace and construction accidents, and acts of violence. We investigate thoroughly — often working with accident reconstructionists and medical experts — to establish that another party's conduct caused the death and to document the full extent of your family's loss.

Time Limits Are Strict

In most Arizona wrongful death cases, the lawsuit must be filed within two years of the date of death under A.R.S. § 12-542. If a government entity may be responsible, the family must serve a notice of claim within 180 days under A.R.S. § 12-821.01, and the lawsuit deadline is one year. These deadlines are unforgiving, and missing them can permanently end an otherwise valid claim. Acting promptly also helps preserve the evidence needed to prove fault.

Compassionate, Experienced Representation

We understand that a wrongful death case is about far more than money; it is about accountability and honoring your loved one. Attorney Alec J. Caruso brings the insight of a former insurance-defense attorney to every case, anticipating how the other side will try to minimize your family's loss and building a claim that reflects its true magnitude. We handle every detail, from investigating the cause of death to working with economists and other experts, while treating your family with the care and respect this moment demands. You will always be able to speak directly with your attorney.

Speak With a Phoenix Wrongful Death Lawyer

If you have lost a loved one due to another's negligence, we are here to help you understand your options with no pressure and no cost. Call Caruso Injury Law at (602) 247-8600 for a free, confidential, and compassionate consultation. We handle wrongful death cases on a contingency-fee basis, so your family pays no attorney fee unless we recover for you.

This page is attorney advertising and is provided for general informational purposes only; it is not legal advice and does not create an attorney-client relationship. Caruso Injury Law handles matters on a contingency-fee basis; however, clients may be responsible for certain case costs and expenses regardless of outcome. Past results do not guarantee future outcomes, as every case is unique. Alec J. Caruso is licensed to practice law in Arizona and is not certified as a specialist by the State Bar of Arizona.