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Losing a family member because of someone else’s negligence is one of the most devastating experiences a person can go through. The grief is overwhelming, and families are often suddenly faced with urgent questions about finances, medical bills, funeral arrangements, and what comes next. In the midst of all of that, understanding your legal rights and whether to pursue a wrongful death claim can feel like too much to take on alone.
You do not have to face it alone. Desert Star Law Group represents families throughout Phoenix and Arizona who have lost loved ones due to negligent drivers, dangerous property conditions, defective products, medical errors, and other preventable causes. Our wrongful death attorneys understand what families are going through. Let us handle the legal process so you can focus on your family and your healing. Call us at (602) 686-9936 today for a free consultation and let us fight for the justice you deserve.
A wrongful death claim is a civil action brought when a person dies because of another party’s wrongful act, neglect, or default. It is separate from any criminal case and may proceed whether or not criminal charges are filed.
A wrongful death claim seeks compensation for the losses surviving family members have suffered because of their loved one’s death. Depending on the facts, those losses may include lost financial support, loss of companionship, care, guidance, and other damages recognized under Arizona law.
Arizona’s wrongful death statute, found at Arizona Revised Statutes Section 12-611, 12-612 and 12-613, allows specific surviving family members to bring a wrongful death action against the party or parties whose negligence caused the death. The action must be brought by the surviving spouse, children, parents, or the personal representative of the deceased’s estate on behalf of any of these parties.
Unlike some states that limit damages in wrongful death cases, Arizona does not cap the compensation available to surviving families. This means that the full range of economic and non-economic losses is available for recovery, including amounts that reflect the long-term impact of the loss on the family’s financial stability and emotional wellbeing.
In most cases, Arizona law gives families two years from the date of death to file a wrongful death lawsuit. Missing that deadline can bar the claim, although limited exceptions and special rules may apply in some cases, especially when a public entity is involved.
Arizona follows a pure comparative fault system, meaning that even if the deceased shared some degree of responsibility for the accident that caused their death, the family can still recover compensation. The total award is reduced by the percentage of fault attributed to the deceased, but it is not eliminated unless the deceased was found to be 100% responsible.
This matters because insurers may try to argue the deceased was partly at fault to reduce the value of the claim. An experienced wrongful death attorney knows how to challenge inflated fault assignments with evidence and expert analysis, ensuring that the family’s recovery reflects what actually caused the death rather than a distorted picture designed to limit the defendant’s liability.
Wrongful death claims in Phoenix arise from a wide range of accidents and incidents. The underlying cause affects which parties may be liable, what evidence is needed to establish fault, and how the case is built and presented. Common causes include:
Each of these categories involves different potential defendants, different evidence requirements, and different legal theories. Desert Star Law Group has the experience to identify the right approach for each family’s specific situation.
Arizona’s wrongful death statute allows families to recover compensation for the full spectrum of losses caused by the death. Recoverable damages include both economic and non-economic categories:
Economic damages reflect the measurable financial losses the death has caused, including the deceased’s lost earnings and the financial support they would have provided to the family over their expected lifetime, the value of household services and contributions the deceased made, medical expenses incurred between the injury and the death, and funeral and burial costs.
Non-economic damages reflect the human losses that cannot be reduced to a financial calculation but are nonetheless real and significant. These include the loss of the deceased’s love, companionship, and emotional support, the loss of their guidance and mentorship for surviving children, the grief and emotional suffering of surviving family members, and the loss of the marital relationship for a surviving spouse.
In cases involving particularly egregious conduct such as drunk driving, intentional harm, or reckless disregard for human life, punitive damages may also be available. Punitive damages are designed to punish the defendant and deter similar conduct rather than simply compensate the family, and they can significantly increase the total recovery in appropriate cases.
The lifetime value of lost earnings, the present value of future losses, and the quantification of non-economic damages all require careful expert analysis. Desert Star Law Group works with forensic economists, life care planners, and other qualified experts to build a comprehensive damages presentation that reflects everything the family has lost. Call us today at (602) 686-9936 to learn more about the damages you may be able to receive.
Every wrongful death case follows a general path, but the timeline and complexity depend on the specific facts, the number of parties involved, and whether the case settles or goes to trial. It typically looks like this:
The timeline for resolving a wrongful death claim varies considerably. Cases with clear liability and cooperative insurers can sometimes be resolved within several months. Complex cases involving disputed fault, multiple defendants, significant damages, or the need for expert testimony can take one to three years or longer if they proceed to trial.
While families understandably want resolution as quickly as possible, accepting an inadequate early settlement to end the process faster can leave significant compensation unrealized. Desert Star Law Group works to achieve the best possible outcome efficiently while never sacrificing the value of the claim in the interest of speed.
The practical value of legal representation in a wrongful death case is substantial. A wrongful death attorney handles every aspect of the case so the family does not have to, including:
Insurance companies that represent negligent defendants have experienced legal teams working from day one to minimize their financial exposure. Families deserve legal representation that is equally experienced, equally resourced, and working exclusively in their interest.
Desert Star Law Group was built on a commitment to give injury victims and grieving families in Arizona the same level of legal protection that insurance companies and large organizations rely on. We have recovered over $500 million for clients across Arizona.
That focus shapes everything we do. Every strategy we develop and every expert we work with is centered on helping people who have been harmed through no fault of their own. We understand what it takes to build a strong wrongful death case, and we prepare every case as if it may go to trial to pursue the full compensation our clients deserve.
We handle wrongful death cases on a contingency fee basis, so there are no attorney fees unless we recover compensation for your family. We also offer free consultations, giving you clear, honest answers about your situation and your options without any financial pressure.
If you have lost a loved one due to someone else’s negligence in Phoenix or anywhere in Arizona, Desert Star Law Group is ready to stand with you. Contact us at (602) 686-9936 today to speak with a Phoenix wrongful death attorney.
He was driving straight through a green light at a familiar intersection when an oncoming vehicle suddenly made a left turn directly in front of him. He didn’t have time to react before the vehicles collided, which triggered the airbags.
He was sent to the hospital from the scene, underwent 2 back surgeries, and required extensive physical therapy. He’s back to 100% with a $370,000 settlement.
She was traveling on the highway in moderate traffic when a vehicle behind her began weaving between lanes at a high rate of speed. Moments later, that vehicle lost control and collided with several cars, setting off a chain-reaction crash that ultimately impacted her vehicle.
After the collision, she experienced neck and upper back pain along with persistent headaches. She was later diagnosed with cervical and thoracic strain, as well as a concussion. She ended up having back surgery and underwent a course of treatment for her head injury that included physical therapy and monitored recovery. Over time, her symptoms resolved, and she returned to her normal routine without ongoing limitations. $150,000 Settlement
He was a dog groomer who made house calls in his truck. While grooming a dog he was bitten, severing several tendons in his dominant hand. He required surgery to repair the tendons and almost a year of PT to regain full range of motion. He carries scars on his arm that will last a long time. Settled for $150,000.
