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Arizona wrongful death lawyer
Lost someone in an Arizona accident? Talk to Henry.
Henry listens first, explains your family’s options plainly, and leaves the decision to you. The consultation is free, and your first booked call is with him. No fee unless we win.
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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.
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Henry started his career as a prosecutor. Today he brings that background to evaluating evidence and preparing injury claims, and he handles each case himself. Your first conversation is a chance to ask questions and explain what your family is facing. Once you hire him, you get his personal cell number.
- Start with what you know.You do not need a complete file or a decision about taking legal action before asking for a consultation.
- Understand the next steps.Discuss the available information, your questions, and whether the firm is the right fit.
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Case costs and expenses remain your responsibility regardless of recovery. Keep your message brief; do not send sensitive records. Sending a message does not create an attorney-client relationship.
Common Issues in Arizona Wrongful Death Cases
A family facing a loss may have questions about insurance, evidence, and what comes next. These are common issues to discuss with Henry; the approach depends on your family’s circumstances and the facts of the case.
Insurance negotiations
Insurance questions, adjuster requests, and how settlement proposals compare with the available evidence.
Investigation and evidence gathering
Reports, witness accounts, records, and whether independent analysis would help clarify what happened.
Communication with liable parties
How communications with potentially responsible people, companies, and their representatives should be handled.
Financial documentation
Records of income, benefits, support, and other information relevant to understanding the financial impact on the family.
Timeline and deadline management
Identifying the deadlines, notices, and procedural requirements relevant to the individual claim.
Court filings if needed
Whether litigation is appropriate, what preparation it would involve, and the decisions the family would need to consider.
Lost someone in a crash? Talk to Henry privately.
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No attorney fee without a recovery. Case costs and expenses remain your responsibility regardless of recovery.
“Working with Henry Beam was very satisfying — he was professional and friendly. He kept good communication so that I never wondered what was happening with my case. I would highly recommend working with him.”
Individual experiences and results vary.
5.0Read reviews on GoogleWho Can Bring This Claim in Arizona
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.
Surviving Spouse
A surviving husband or wife is an eligible party to file the wrongful death claim on behalf of all statutory beneficiaries.
Children
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.
Parents
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.
Guardian
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.
Personal Representative of the Estate
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.
What Families Should Know in the First Weeks
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.
Take care of your family first.
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.
Preserve important documents when you can.
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.
Be cautious with insurance companies.
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.
You do not need to have answers right now.
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.
What Families May Recover
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.
How Civil and Criminal Cases Can Overlap
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.
Timing matters
Arizona's Two-Year Filing Deadline
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.
Questions Families Often Ask
Who can file a wrongful death claim in Arizona?
Arizona law (A.R.S. 12-612) limits wrongful death claims to the surviving spouse, surviving biological or legally adopted children, surviving parents, a guardian filing for the death of their ward, or the personal representative of the estate. Arizona does not establish a hierarchy among these parties — any eligible beneficiary may bring the single action on behalf of all statutory beneficiaries. Damages are then distributed among those beneficiaries according to their respective losses.
How is a wrongful death case different from a personal injury case?
In a personal injury case, the injured person files the claim for their own damages. In a wrongful death case, surviving family members file for the losses they have suffered because of the death — including lost financial support, lost companionship, and their own grief. The legal standards and damage categories are distinct under Arizona law.
Can we still file a civil claim if there was a criminal case?
Yes. A civil wrongful death claim is entirely separate from any criminal prosecution. Even if criminal charges are dropped or result in an acquittal, a civil claim can still proceed. The standard of proof in civil court (preponderance of the evidence) is lower than in criminal court (beyond a reasonable doubt).
What if the person who died was the family's main income earner?
When a family loses its primary breadwinner, the wrongful death claim accounts for the full economic impact — including lost future earnings, lost benefits, and the financial support the family would have received over the deceased person's expected working life. Employment records, tax returns, and economic analysis help document these losses.
How long do wrongful death cases typically take?
There is no single timeline. Some wrongful death cases resolve through settlement negotiations within several months. Others, particularly those involving disputed liability or multiple parties, may take a year or more if litigation becomes necessary. Henry keeps families informed throughout and never rushes a resolution that does not serve the family's interests.
How much does it cost to hire Henry?
Beam Injury Law offers a free consultation. The contingency fee is 33⅓% of the gross amount recovered if the matter resolves at or before mediation or settlement conference, whether before or after a lawsuit is filed. Filing a lawsuit alone does not increase the fee. If the matter does not resolve at or before mediation or settlement conference, the fee is 40% of the gross amount recovered, even if it later settles without a trial. The 40% rate also applies if the matter proceeds to trial or arbitration or results in a verdict, award, or judgment. No attorney fee is owed if there is no recovery. Case costs and expenses are separate and remain the client's responsibility regardless of recovery. Review the written agreement for the full terms before signing.
Have a question not listed here?
Henry is available to talk through your family's situation at (480) 899-9019.
Common injuries
Injuries That Can Lead to Wrongful Death
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.
Fatal traumatic brain injuries
Severe TBIs from vehicle collisions, falls, or acts of violence can cause death within hours or lead to complications that prove fatal over time.
Fatal spinal cord injuries
High cervical spinal cord injuries can shut down respiratory function. Lower injuries may lead to fatal complications during recovery.
Fatal internal bleeding
Ruptured organs from blunt force trauma can cause rapid internal hemorrhaging. Without immediate surgical intervention, these injuries are often fatal.
Fatal burn injuries
Severe burns from vehicle fires, explosions, or hazardous material exposure can be fatal due to infection, organ failure, or fluid loss.
Important deadlines
If a Government Entity Was Involved — Shorter Deadlines Apply
When the at-fault party may be a government entity — a city or county, a public school, a state agency, ADOT, a police or sheriff department, a public hospital, or a government-owned road or vehicle — Arizona imposes two deadlines that are much shorter than the general two-year period:
- 180-day notice of claim (ARS § 12-821.01) — a notice of claim generally must be served within 180 days after the cause of action accrues.
- One-year statute of limitations (ARS § 12-821) — the lawsuit generally must be filed within one year after the cause of action accrues, not two.
Missing the 180-day notice typically bars the claim entirely, regardless of how strong the case is. Accrual, exceptions, and notice requirements need case-specific review. Do not assume the incident date alone determines your deadline.
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