Arizona Wrongful Death Lawyer
Who brings the case? Arizona allows one lawsuit for the family, filed by a spouse, a child, a parent or the estate's personal representative.
As wrongful death lawyers, we represent families after fatal crashes and other deaths caused by negligence. No family should have to chase updates while grieving, so your attorney reaches out when anything moves.
Arizona law on wrongful death claims
Each point links to the statute or court decision it comes from.
Shared by each one's loss
The recovery is divided among the surviving spouse, children and parents in proportion to the loss each one suffered.
A.R.S. § 12-612 (opens in a new tab)What the family can recover
A jury may award the damages it finds fair and just for the death, including lost financial support and the loss of companionship.
A.R.S. § 12-613 (opens in a new tab)Two years from the death
The lawsuit must be filed within two years, or within one year after a 180-day notice if a public body is responsible.
A.R.S. §§ 12-542, 12-821.01 (opens in a new tab)
How a wrongful death case works with us
- 1
A conversation when you're ready
A family member calls, or we meet in person. You talk with Sam about what happened.
- 2
One claim for the family
We confirm who should file and who shares in the recovery, so the family moves forward with a single case.
- 3
The official records
The crash report and the medical examiner's report establish how the death happened.
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All of the coverage
We identify every policy that can pay, including the underinsured coverage on the family's own cars.
Why families choose Saks Law for wrongful death cases
We don't get paid unless you get paid
Our fee is a percentage of the recovery, set in writing before work begins. If the case ends without one, the costs of pursuing it are ours.
Direct access to Sam
Every client receives Sam's personal cell number when the case begins. Questions go straight to the attorney handling the case.
Franklin v. CSAA began with a family's loss
Franklin v. CSAA began after a negligent driver killed the plaintiff's mother. Sam was counsel for the family at the Arizona Supreme Court.
Wrongful death questions families ask
If your question isn't here, call 480-440-3331.
How long does a wrongful death case take?
It depends on whether the insurer disputes fault and how much coverage is in play. A case with a clearly responsible driver and enough insurance can resolve sooner than one headed to trial. Sam gives the family an estimate once the records are in, and updates it as the case moves.
Can we bring a claim if our loved one was partly at fault?
In most cases you can. Arizona's pure comparative fault rule reduces the recovery by the share of fault assigned to the person who died. A driver found 30 percent responsible still leaves the family a claim for the other 70 percent.
Does a criminal case against the driver affect ours?
The two run separately. A criminal case can end in a plea or an acquittal without deciding the family's claim, and the civil case uses a lower standard of proof. The two-year deadline keeps running while the criminal case is open, so the civil claim shouldn't wait for it.
What if the person who died had no will?
A personal representative can still be appointed through the probate court. No will is needed to begin, since the family members the statute names can file the case directly. We can explain which route fits your family on the first call, and how long probate tends to add.
Can grandparents or siblings bring a wrongful death claim?
Arizona's statute names the surviving spouse, children and parents, along with a personal representative who files for them. Siblings and grandparents aren't on that list, though a sibling can serve as the estate's representative. If the person who died left no spouse, children or parents, the case can still be brought on behalf of the estate.
Wrongful death cases across Arizona
We represent families across Arizona, in cities and small towns alike. Sam meets with families in person or by video, at whatever pace the family needs.
Speak with an injury lawyer before you speak with the insurer.
The case review is free and confidential, and you decide afterward whether to retain us.
Call weekdays from 8:30am to 5pm, or send the form at any hour.