Maria is an intake coordinator. She does not provide legal advice.
Supporting Arizona families through the legal process after an unimaginable loss.
No legal fees unless we recover for your family · Serving all of Arizona
When someone dies because of another person's negligence in Arizona, surviving family members may have the right to pursue a wrongful death claim. These claims exist to help families address the financial and emotional consequences of their loss — including funeral costs, lost income, and the profound absence of a loved one's companionship and guidance.
No lawsuit can replace the person your family has lost. But the law provides a path toward accountability and financial stability during an extraordinarily difficult time. Arizona Revised Statutes § 12-611 through § 12-613 establish the wrongful death cause of action, and § 12-542 generally provides two years from the date of death to file. Shorter deadlines apply when a government entity is involved — see the timeline section below.
Arizona law is specific about who may file a wrongful death claim. Not every family member has standing, and the rules matter early in the process.
A surviving husband or wife is an eligible party to file the wrongful death claim on behalf of all statutory beneficiaries.
Biological children and legally adopted children of the deceased are eligible beneficiaries. Both minor and adult children qualify. For young children, the loss of parental guidance and support over the course of their lives is a recognized category of harm. Unadopted stepchildren, regardless of dependency, do not have standing under Arizona law.
Surviving parents of the deceased are eligible parties regardless of whether a spouse or children also survive. Arizona does not require parents to defer to other beneficiaries before filing.
A legal guardian may file a wrongful death action for the death of their ward — the minor or incapacitated person they were appointed to protect.
The personal representative — named in the will or appointed by the court — may also file on behalf of the statutory beneficiaries. If no spouse, children, or parents survive the deceased, the personal representative may bring the claim for the benefit of the estate.
Arizona imposes no priority or hierarchy among these parties. Any eligible beneficiary may bring the single wrongful death action, which proceeds on behalf of all statutory beneficiaries together.
If you are unsure whether your family has standing, Henry can review your situation and explain your options at no cost.
There is no correct way to move through this time. Grief does not follow a schedule, and neither should the pressure to act. That said, a few things are worth keeping in mind — not as urgent demands, but as quiet guidance for when the family is ready.
Legal claims have deadlines, but nothing needs to happen in the first few days. The two-year statute of limitations in Arizona provides time. Attend to your family, your health, and the immediate needs in front of you.
When the time feels right, begin setting aside records that may become relevant — the police report or incident report, medical records, employment and income documentation, insurance policies. There is no rush, but these documents are easier to gather early.
Insurers may reach out quickly after a death — sometimes within days. They are not acting in your family's interest. It is reasonable to decline these conversations until you have spoken with an attorney. You are not obligated to provide a recorded statement or sign anything.
Families often feel pressure to understand the full legal process before making any decisions. That is not necessary. A conversation with Henry can clarify what your options are, what the timeline looks like, and whether moving forward makes sense for your family — all without any commitment.
No upfront fees. No legal fees unless we recover money for you.
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(480) 899-9019 — free consultation
Henry manages the legal process so your family can focus on each other. Everything below is part of the work he takes on — quietly and thoroughly — so that the legal burden does not fall on grieving family members.
Insurance negotiations
Henry communicates directly with insurance companies so your family does not have to field calls, respond to settlement offers, or navigate adjuster tactics during an already overwhelming time.
Investigation and evidence gathering
Establishing what happened and who is responsible requires careful work — police reports, witness accounts, records, and sometimes independent analysis. Henry handles this from the outset.
Communication with liable parties
Your family should never have to speak with the person or company responsible for your loved one's death. Henry manages all communication on your behalf.
Financial documentation
Wrongful death claims require detailed documentation of the financial impact on your family — lost income, lost benefits, future support. Henry works with the right professionals to build this picture accurately.
Timeline and deadline management
Arizona's legal deadlines are strict. Henry tracks every filing date, court requirement, and procedural step so that nothing falls through the cracks while your family grieves.
Court filings if needed
Many wrongful death cases resolve through negotiation. If litigation becomes necessary to achieve a just result for your family, Henry prepares and files all required court documents and represents your family throughout the process.
Arizona wrongful death law recognizes both the financial and deeply personal losses that families experience. A claim may seek recovery for:
Funeral and burial costs
The expenses associated with laying a loved one to rest.
Lost income and financial support
The wages, benefits, and financial contributions the deceased would have provided to the family over the course of their working life.
Loss of companionship
The absence of a spouse's partnership, a parent's presence, or a child's relationship — losses that cannot be quantified but are recognized by law.
Loss of guidance for children
When a parent dies, children lose years of guidance, mentorship, and care. Arizona law accounts for this impact on the children's lives.
Pain and suffering of survivors
The grief, anguish, and emotional suffering experienced by surviving family members as a direct result of their loss.
A separate claim — a survival action (ARS § 14-3110) — can be filed by the estate to recover what the deceased suffered before death, such as pre-death medical expenses. A wrongful death claim compensates the surviving family's losses; a survival action compensates the estate for the deceased's own pre-death losses. Both may apply in the same case.
Every family's situation is different. Henry reviews the full scope of your family's losses and helps you understand what may be available under Arizona law.
When someone dies due to another person's actions, there may be both a criminal investigation and grounds for a civil wrongful death claim. These are separate legal processes with different purposes, different standards of proof, and different outcomes.
A criminal case is brought by the state and focuses on punishment — jail time, fines, or probation. A civil wrongful death claim is brought by the family and focuses on accountability and financial recovery for the losses the family has suffered.
One does not depend on the other. A family can file a civil claim even if criminal charges are never brought, are reduced, or result in an acquittal. The civil standard of proof — preponderance of the evidence — is lower than the criminal standard of beyond a reasonable doubt.
If a criminal case is ongoing, it can sometimes strengthen a civil claim by producing evidence and testimony. Henry can help your family understand how these two processes relate to your specific situation.
Under Arizona Revised Statutes § 12-542, a wrongful death claim must generally be filed within two years, and the statute provides that the cause of action accrues at the date of death — not the date of the underlying injury. Certain circumstances can affect the timeline. Speaking with an attorney — even briefly — can help your family understand how the deadline applies to your situation, with no obligation to move forward.
If a public entity or public employee may be responsible — for example, a city or county, a public school, a state agency, ADOT, a sheriff or police department, or a public hospital — Arizona law imposes two additional deadlines that are much shorter than the general two-year period:
Families who suspect any government involvement should speak with an attorney as early as possible. These deadlines can pass quickly, and missing the 180-day notice eliminates the claim entirely.
Have a question not listed here?
Henry is available to talk through your family's situation at (480) 899-9019.
If your family has lost someone due to negligence, Henry is here to listen.
There is no pressure and no cost for the first conversation. Henry will help you understand your options and what the path forward could look like for your family.
No legal fees unless we recover for your family
When severe injuries prove fatal, families may have the right to pursue a wrongful death claim. These are the types of injuries most commonly involved.
Severe TBIs from vehicle collisions, falls, or acts of violence can cause death within hours or lead to complications that prove fatal over time.
High cervical spinal cord injuries can shut down respiratory function. Lower injuries may lead to fatal complications during recovery.
Ruptured organs from blunt force trauma can cause rapid internal hemorrhaging. Without immediate surgical intervention, these injuries are often fatal.
Severe burns from vehicle fires, explosions, or hazardous material exposure can be fatal due to infection, organ failure, or fluid loss.
