What Is a Wrongful Death Lawsuit and How Does It Work in Arizona?

Losing a family member due to someone else's negligence or wrongful conduct is one of the most devastating experiences imaginable. On top of the grief, families are often left facing financial hardship, unanswered questions, and uncertainty about their legal options. Arizona law provides a path forward through wrongful death lawsuits, allowing surviving family members to seek compensation and hold responsible parties accountable.

At Skousen, Gulbrandsen & Patience PLC, our Mesa wrongful death attorneys help families understand their rights and pursue the justice their loved ones deserve. If you believe your family may have a claim, call us at (480) 833-8800 to speak with an attorney today.

What Qualifies as Wrongful Death in Arizona?

Under Arizona law, a wrongful death occurs when a person dies as a result of another party's wrongful act or neglect. In practical terms, this means the death must have been caused by conduct that would have entitled the deceased to file a personal injury lawsuit had they survived.

Common situations that give rise to wrongful death claims in Arizona include:

• Car, truck, or motorcycle accidents caused by a negligent driver
• Medical malpractice, including surgical errors or misdiagnosis
• Premises liability incidents such as slip and falls or unsafe property conditions
• Defective or dangerous products
• Workplace accidents, particularly in high-risk industries
• Intentional acts of violence

The key is that another party's negligence, recklessness, or intentional misconduct must have directly caused the death. Accidents with no identifiable fault generally do not support a wrongful death claim.

How Does a Wrongful Death Lawsuit Work in Arizona?

A wrongful death lawsuit is a civil action, meaning it is separate from any criminal case that may arise from the same incident. Even if a responsible party is not criminally charged or is acquitted, a wrongful death claim can still succeed because civil cases require a lower standard of proof.

The general process works as follows:

1. The eligible family member or personal representative retains an attorney and initiates an investigation.
2. Evidence is gathered to establish how the death occurred and who is at fault.
3. A demand is sent to the at-fault party or their insurance carrier.
4. If a fair settlement cannot be reached, a lawsuit is filed in Arizona civil court.
5. The discovery process allows both sides to exchange information and take depositions.
6. Most cases settle before trial, but cases that do not are decided by a judge or jury.

Throughout this process, our Mesa wrongful death lawyers handle the legal work while you focus on your family.

Proving Wrongful Death in Arizona

To succeed in a wrongful death lawsuit, the filing party must establish four key legal elements:

1. Duty of care: The defendant had a legal obligation to act reasonably toward the deceased.
2. Breach of duty: The defendant failed to meet that obligation.
3. Causation: The breach directly caused the death.
4. Damages: The surviving family members suffered measurable losses as a result.

Evidence used to prove these elements can include police or accident reports, medical records and expert testimony, surveillance or dashcam footage, witness statements, and records showing the deceased's earnings and financial contributions to the family. 

Building a strong evidentiary foundation is critical, which is why early involvement of an experienced attorney matters. To get the help you need, call us today at (480) 833-8800 to speak with a wrongful death attorney who knows how to establish these elements. 

Who Can File a Wrongful Death Lawsuit in Arizona?

Arizona law specifies who has the legal standing to bring a wrongful death claim. Under Arizona Revised Statutes Section 12-612, the lawsuit must be filed by the surviving spouse, children, parents, or the personal representative of the deceased's estate on behalf of those parties.

A few important points about who can sue for wrongful death in Arizona:

• The surviving spouse has priority and can file on behalf of all eligible parties
• If there is no surviving spouse, adult children or parents may bring the claim
• All eligible beneficiaries share in any recovery, regardless of who files
• Minor children are entitled to damages even if they are not the ones filing

If multiple family members are involved, the court will distribute any award among them based on the losses each person suffered.

Damages Available in an Arizona Wrongful Death Case

Arizona wrongful death cases can result in compensation for both economic and non-economic losses. Damages may include:

• Medical expenses incurred before the death
• Funeral and burial costs
• Lost income and future financial support the deceased would have provided
• Loss of companionship, love, and emotional support
• Pain and suffering experienced by surviving family members
• Loss of parental guidance for surviving minor children

Arizona does not impose a cap on wrongful death damages, which means families can pursue full compensation for the true extent of their losses. The value of each case depends on factors like the deceased's age and earning capacity, the circumstances of the death, and the degree of fault on the defendant's part.

Arizona Wrongful Death Statute of Limitations and Key Deadlines

In Arizona, wrongful death claims are subject to a two-year statute of limitations. This means the lawsuit must be filed within two years of the date of death, not the date of the underlying incident. Missing this deadline will almost certainly result in losing the right to pursue compensation entirely.

There are limited exceptions that can pause or extend the filing window, such as cases involving minor beneficiaries or situations where the cause of death was not immediately discoverable. However, relying on an exception is risky. The safest course is to consult an attorney as soon as possible after your loved one's death.

Why Consult a Mesa Wrongful Death Attorney?

Wrongful death cases involve complex legal standards, extensive evidence gathering, and negotiations with insurance companies that have experienced legal teams of their own. Attempting to handle a claim without legal representation puts grieving families at a serious disadvantage.

The wrongful death attorneys at Skousen, Gulbrandsen & Patience, PLC have been serving Mesa, Arizona and the surrounding area for over 60 years. We never work for insurance companies, and only work for the everyday Americans who need help fighting for their families. To further this goal, we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. We handle every aspect of the legal process and fight to ensure your family receives the full value of what you have lost.

If you lost a loved one due to someone else's negligence, you deserve answers and you deserve justice. Contact Skousen, Gulbrandsen & Patience PLC at (480) 833-8800 to schedule a free consultation with one of our Mesa wrongful death attorneys.