Losing a loved one in a sudden, preventable accident is devastating. In addition to the emotional pain, families often face financial strain and uncertainty about what to do next. In Arizona, the law provides a way for certain surviving family members to pursue a wrongful death claim—a civil legal action designed to help ease the financial impact of a tragic loss.
In this blog, we’ll break down the essentials of how wrongful death claims work in Arizona and what steps families can take after a fatal accident.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that can be filed when a person dies due to another party’s negligent or intentional actions. These claims are separate from any criminal proceedings that may take place.
Examples of incidents that could lead to a wrongful death claim include:
- Car accidents caused by reckless or impaired driving
- Truck collisions involving commercial vehicles
- Fatal dog attacks
- Workplace accidents
- Medical-related incidents involving negligence
The goal of the claim is to hold the responsible party accountable and provide compensation to help surviving loved ones recover financially.
Who Can File a Wrongful Death Claim in Arizona?
Under Arizona law (A.R.S. § 12-612), a wrongful death claim may be brought by:
- The surviving spouse
- Children of the deceased
- Parents or legal guardians
- A personal representative of the estate on behalf of eligible beneficiaries
If you’re unsure whether you qualify to bring a claim, you can contact Folger Law Firm to learn more about your options.
What Damages Can Be Recovered?
Wrongful death claims can help recover compensation for both economic and non-economic losses, which may include:
- Funeral and burial expenses
- Medical bills related to the final injury
- Loss of income and benefits
- Loss of companionship, guidance, and emotional support
- Pain and suffering endured by surviving family members
Each case is different, and the types of damages available depend on the circumstances of the accident and the relationship to the deceased.
How Long Do You Have to File?
Arizona has a two-year statute of limitations for wrongful death claims, starting from the date of the person’s passing. Filing outside this time frame may result in the case being dismissed, regardless of its merit.
Starting the process early allows time to gather evidence, obtain records, and build a strong claim.
What to Expect During the Process
Filing a wrongful death claim typically involves the following steps:
- Initial Consultation – Speaking with a legal team to review your case
- Investigation – Collecting medical records, accident reports, and witness statements
- Claim Preparation – Calculating damages and filing necessary paperwork
- Negotiation – Attempting to reach a fair settlement with the responsible party or their insurer
- Litigation – If a settlement can’t be reached, the case may proceed to court
For more information about how this process works, you can visit the wrongful death page on the Folger Law Firm website.
Final Thoughts
The death of a loved one due to negligence is life-changing. While no amount of money can replace the person you lost, a wrongful death claim may offer some relief by easing the financial burden and ensuring that accountability is pursued.
If you’re navigating life after a tragic loss and need guidance on your next steps, contact Folger Law Firm to request a consultation. We’re here to help families across Phoenix, Scottsdale, Peoria, Glendale, and Tempe understand their legal options and move forward with clarity.
