Phoenix Wrongful Death Attorneys

No words can adequately address the pain of losing someone you love because of another person’s negligence. When a family member’s life is cut short, the grief is compounded by sudden financial pressures — medical bills, funeral expenses, and the loss of income your family depended on.

At Leon Law, PLLC, attorney Jose Leon understands that no amount of money can replace your loved one. But a wrongful death claim can provide financial stability and hold the responsible party accountable. With 14+ years of experience representing families across Phoenix and Maricopa County, Jose Leon handles every wrongful death case with the sensitivity and dedication your family deserves.

Please call (480) 269-1083 or complete our free case review form. The consultation is confidential, free, and there is no obligation. You pay nothing unless we recover compensation for your family.

What Constitutes Wrongful Death in Arizona?

Under Arizona law (A.R.S. § 12-611), a wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default — and the deceased would have been entitled to file a personal injury lawsuit had they survived. This means the same duty of care, breach, causation, and damages that apply in a personal injury claim must be established, except the outcome was fatal rather than injurious.

A wrongful death claim is a civil action, separate from any criminal proceedings. Even if the responsible party faces criminal charges, your family retains the independent right to pursue civil compensation.

Who Can File a Wrongful Death Claim in Arizona?

Arizona law is specific about who has legal standing to bring a wrongful death lawsuit. Under A.R.S. § 12-612, the following individuals may file, in this order of priority:

1. Surviving spouse. The husband or wife of the deceased has the primary right to file.
2. Surviving children. If there is no surviving spouse, or if the spouse does not file, the adult children of the deceased may bring the claim.
3. Surviving parents or guardian. If the deceased left no spouse or children, the parents or legal guardian may file.
4. Personal representative of the estate. If none of the above family members are available or willing to file, the personal representative (executor) of the estate may bring the lawsuit on behalf of all statutory beneficiaries.

The lawsuit is brought for the benefit of all eligible beneficiaries regardless of which individual files. If multiple family members have competing interests, the court determines how damages are distributed based on each person’s individual losses. Leon Law can help you determine who has the legal right to file and ensure no family member is excluded.

Types of Wrongful Death Cases

Wrongful death can result from many types of incidents. Common cases we handle include:

• Car accidents — Distracted, impaired, or reckless driving that results in a fatal collision.
• Trucking accidents — The size and weight of commercial trucks make fatal crashes more likely, with liability potentially extending to the trucking company.
• Motorcycle accidents — Fatal motorcycle crashes are tragically common in Arizona — 219 motorcyclists died on Arizona roads in 2024.
• Pedestrian accidents — Arizona recorded 263 pedestrian fatalities statewide in 2024.
• Medical malpractice — Surgical errors, misdiagnosis, medication mistakes, or hospital negligence resulting in death.
• Workplace and construction accidents — Fatal falls, equipment failures, electrocutions, or toxic exposure.
• Defective products — Faulty vehicle components or dangerous consumer products.
• Nursing home abuse and neglect — Failure to provide adequate care or medication errors in long-term care facilities.

Arizona Fatality Statistics: The Scope of Preventable Death

The scale of preventable death in Arizona underscores why wrongful death claims matter. According to the 2024 Arizona Motor Vehicle Crash Facts report:

• 1,228 people were killed in traffic crashes across Arizona in 2024 — an average of 3.36 deaths per day.
• 594 traffic fatalities occurred in Maricopa County alone.
• Phoenix recorded 265 fatal crashes in 2024 — roughly five fatal collisions every week within city limits.
• Alcohol-related crashes accounted for 27.93% of all fatal crashes statewide.

Each number represents a family left to grieve and rebuild. Leon Law is here to help those families seek justice.

Damages Recoverable in an Arizona Wrongful Death Claim

Arizona law allows surviving family members to seek compensation for a wide range of losses. Recoverable damages may include:

• Medical expenses incurred before death — Emergency treatment, hospitalization, and care your loved one received between the injury and their passing.
• Funeral and burial costs — These expenses should never fall on a grieving family when negligence caused the death.
• Lost income and benefits — Wages, future earning potential, retirement contributions, and health insurance your family has lost.
• Loss of companionship and consortium — The emotional void left by the loss of a spouse’s companionship, a parent’s guidance, or a child’s love.
• Pain and suffering of the deceased — If your loved one endured conscious suffering between the injury and death, compensation may be sought.
• Punitive damages — In cases involving egregious conduct — such as a DUI-related death — the court may award punitive damages to punish the defendant.

Survival Actions vs. Wrongful Death Claims

Arizona provides two separate legal avenues when a person dies due to another’s negligence, and your family may be entitled to pursue both:

Both claims can be filed simultaneously, and an experienced wrongful death attorney can help your family pursue the maximum recovery under both theories.

Statute of Limitations: Critical Deadlines

Time limits apply to every wrongful death case in Arizona:

• General deadline (A.R.S. § 12-542): You must file a wrongful death lawsuit within two years from the date of death. Missing this deadline permanently bars your claim.
• Discovery rule exception: In limited circumstances — such as when the cause of death is not immediately apparent (e.g., medical malpractice) — the two-year period may begin on the date the cause of death was discovered or should have been discovered.
• Government entity claims (A.R.S. § 12-821.01): If the wrongful death was caused by a public entity or employee, you must file a formal Notice of Claim within 180 days of the incident. Missing this notice bars your lawsuit entirely, even if the two-year statute has not expired.

Because these deadlines are unforgiving, we strongly encourage families to contact Leon Law as early as possible. We can protect your rights while you take the time you need to grieve.

The Wrongful Death Claims Process

Filing a wrongful death claim involves several stages, and Leon Law guides families through each one:

1. Free consultation. We listen to your story, review the circumstances, and assess your claim. Call (480) 269-1083 or submit our online form.
2. Investigation. We gather evidence — accident reports, medical records, witness statements, expert analysis — to build the strongest case possible.
3. Identifying liable parties. We determine every party that may bear legal responsibility.
4. Filing and negotiation. We file the lawsuit and negotiate aggressively with insurance companies and defense attorneys. We will never recommend a settlement that undervalues your family’s loss.
5. Trial, if necessary. If a fair settlement cannot be reached, our 14+ years of litigation experience mean we are ready to advocate before a judge and jury.

Throughout the process, we keep you informed and respect the emotional weight of what your family is going through.

Criminal vs. Civil Wrongful Death Cases

Many families wonder how a criminal case and a civil wrongful death case relate to each other. The key differences are:

• Criminal cases are brought by the state to punish the defendant (e.g., vehicular manslaughter, DUI homicide). The standard of proof is “beyond a reasonable doubt.”
• Civil wrongful death cases are brought by the family to seek financial compensation. The standard of proof is lower — “preponderance of the evidence” (more likely than not).

The two proceedings are independent. A criminal acquittal does not prevent a civil recovery. Leon Law focuses on the civil side, ensuring your family’s financial interests are represented with skill and care.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Arizona?

Under A.R.S. § 12-612, a wrongful death lawsuit may be filed by the surviving spouse, children, parents, or legal guardian of the deceased. If none of these individuals are available or willing to file, the personal representative of the estate may bring the claim on behalf of eligible beneficiaries. The lawsuit benefits all statutory family members regardless of who initiates it.

How long do I have to file a wrongful death claim in Arizona?

The statute of limitations under A.R.S. § 12-542 is two years from the date of death. If the wrongful death involved a government entity, you must also file a formal Notice of Claim within 180 days of the incident (A.R.S. § 12-821.01). Missing either deadline can permanently bar your family’s claim.

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 grief. A survival action (A.R.S. § 14-3110) compensates the deceased’s estate for losses the deceased endured before death, such as medical bills and pain and suffering. Both claims can be pursued simultaneously. Leon Law can evaluate which avenues are available for your family.

Can I file a wrongful death lawsuit if there is also a criminal case?

Yes. A civil wrongful death case is entirely separate from criminal proceedings. The civil case has a lower standard of proof (“preponderance of evidence” vs. “beyond a reasonable doubt”), which means your family may recover compensation even if the defendant is not convicted criminally.

What compensation can my family receive in a wrongful death case?

Recoverable damages may include medical expenses incurred before death, funeral and burial costs, lost income and future earnings, loss of love and companionship, emotional pain and suffering, and in some cases, punitive damages. The total value depends on the specific facts of your case. Leon Law provides a free case evaluation to help your family understand what may be available.

Do I need to pay upfront for a wrongful death attorney?

No. Leon Law handles all wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. This arrangement ensures that grieving families can access experienced legal representation without financial risk during an already difficult time.