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Personal Injury Attorney

Phoenix
Wrongful Death Lawyer

People Over Cases

Wrongful Death Claims in Arizona

No legal action can undo the devastation of losing a family member to someone else's negligence. But a wrongful death claim can provide financial stability during an incredibly difficult time and hold the responsible parties accountable for their actions.

Joseph Hoxie handles wrongful death cases with the sensitivity and dedication they demand. At Hoxie Law, you work directly with your attorney - not a case manager - because these cases are too important for anything less than personal attention.

Who Can File a Wrongful Death Claim in Arizona?

Arizona law limits who may bring a wrongful death action. The following parties may be eligible to file a claim:

  • Surviving spouse of the deceased
  • Surviving children or, if the deceased was a minor, surviving parents or guardian
  • Personal representative of the deceased's estate, on behalf of the surviving spouse, children, or parents

If there is no surviving spouse or children, parents or the personal representative of the estate may bring the claim.

Damages Available in Wrongful Death Cases

Arizona wrongful death claims may allow surviving family members to recover compensation for both economic and non-economic losses, including:

  • Loss of the deceased's expected income and financial support
  • Loss of companionship, guidance, and consortium
  • Funeral and burial expenses
  • Medical expenses incurred before the death
  • Pain and suffering endured by the deceased before death (through a survival action)
  • Loss of parental guidance for minor children

Common Causes of Wrongful Death

  • Motor vehicle accidents (car, truck, motorcycle)
  • Medical malpractice and surgical errors
  • Workplace accidents and construction site injuries
  • Defective products and equipment
  • Pedestrian and bicycle accidents
  • Premises liability incidents (drownings, falls, structural failures)

Arizona Wrongful Death Law

  • Statute of limitations: Arizona generally requires wrongful death claims to be filed within two years of the date of death (A.R.S. § 12-611 through 12-613).
  • Comparative negligence: Arizona's pure comparative negligence rule applies to wrongful death actions, meaning recovery may be reduced by the deceased's percentage of fault, if any.
  • Survival actions: In addition to wrongful death claims, Arizona allows survival actions for damages the deceased could have recovered had they survived, such as pain and suffering and medical bills.

Wrongful death cases require thorough investigation and expert consultation. Hoxie Law works with accident reconstructionists, economists, and medical professionals to build the strongest possible case on behalf of your family.

There is no fee unless we win. Call or text Joseph directly at (480) 896-1040.

Practice Areas

Car Accidents Truck Accidents Motorcycle Accidents Rideshare Accidents Slip & Fall Wrongful Death Pedestrian Accidents Hit & Run Autonomous Vehicle Medical Malpractice
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Wrongful Death

Frequently Asked Questions

Who can file a wrongful death claim in Arizona?
Arizona law limits who may bring a wrongful death action. Generally, the surviving spouse, surviving children, or the personal representative of the estate may file. If there is no surviving spouse or children, the parents or guardian of the deceased may bring the claim.
How long do I have to file a wrongful death lawsuit in Arizona?
Arizona generally requires wrongful death claims to be filed within two years of the date of death (A.R.S. § 12-611 through 12-613). Missing this deadline may permanently bar your claim, so it is important to consult with an attorney as soon as possible.
What compensation is available in a wrongful death case?
Surviving family members may recover compensation for loss of the deceased’s expected income, loss of companionship and consortium, funeral and burial expenses, medical expenses incurred before death, pain and suffering endured by the deceased, and loss of parental guidance for minor children.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their losses - lost income, companionship, and support. A survival action recovers damages that the deceased person could have claimed had they survived, such as pain and suffering and medical bills incurred before death. Both may be pursued in Arizona.
Can I file a wrongful death claim if the death was caused by medical malpractice?
Yes. Medical malpractice is one of the common causes of wrongful death. These cases require expert medical testimony and thorough investigation. If a healthcare provider’s negligence caused your loved one’s death, you may have grounds for both a wrongful death claim and a survival action.
Does Arizona cap wrongful death damages?
No. Arizona does not currently impose a statutory cap on wrongful death damages, including non-economic damages like pain and suffering and loss of companionship. This means juries can award compensation based on the full extent of the family’s losses.
What if the deceased was partially at fault?
Arizona follows a pure comparative negligence rule. Even if the deceased was partially at fault, surviving family members may still recover compensation - the award is reduced by the deceased’s percentage of fault. For example, if the deceased was 10% at fault, the family can still recover 90% of the damages.
How much does a wrongful death attorney cost?
Hoxie Law handles wrongful death cases on a contingency fee basis. There is no upfront cost and no fee unless we recover compensation for your family. The initial consultation is always free.

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