Phoenix Wrongful Death Lawyers

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Losing a loved one due to someone else’s negligence is an unimaginable tragedy. When that loss occurs, families face not only emotional devastation but also financial uncertainty. At Triumph Law Group, we understand the profound impact wrongful death has on families in Phoenix and throughout Arizona. Our experienced wrongful death lawyers have recovered $4.6 million in our largest settlement, helping families secure the financial resources they need to move forward. With a 98% success rate and a commitment to trial-ready representation, we work toward the justice your family deserves. We work on a contingency fee basis, so you pay nothing unless we win. Contact us today for a free consultation at 602-595-5559.

What Is Wrongful Death Under Arizona Law?

A wrongful death claim arises when someone dies as a result of another person’s negligence, recklessness, or intentional act. Under Arizona Revised Statutes § 12-611 and § 12-612, the law recognizes that families have the right to pursue compensation when a loved one’s death could have been prevented through reasonable care.

To establish a wrongful death claim in Arizona, you must prove four key legal elements:

• Duty of Care – The defendant owed a legal obligation to protect the deceased from harm
• Breach of Duty – The defendant failed to fulfill that obligation through negligent or reckless conduct
• Causation – The defendant’s breach directly caused the death (not just a contributing factor)
• Damages – The family suffered measurable financial and emotional losses as a result

It’s important to understand that a wrongful death claim is a civil matter, completely separate from any criminal case. Civil and criminal cases can proceed simultaneously in Arizona, and a criminal conviction can strengthen your civil case, though it is not required to win compensation. Many families pursue both avenues to ensure full accountability and recovery.

Who Can File a Wrongful Death Claim in Phoenix?

Arizona law specifies exactly who has the legal right to file a wrongful death claim. These individuals are called “statutory beneficiaries,” and they are prioritized in a specific order under A.R.S. § 12-611.

Statutory beneficiaries include:

• Spouse – The surviving spouse of the deceased has first priority to file
• Children – Biological and legally adopted children of any age can file if no spouse exists
• Parents – If there is no surviving spouse or children, the parents of the deceased may pursue the claim
• Personal Representative of the Estate – If no spouse, children, or parents exist, the estate’s personal representative may file on behalf of other heirs.

The law recognizes that different family relationships warrant different types of compensation. For example, a spouse may recover for loss of companionship and consortium, while children may recover for loss of parental guidance, support, and instruction.

Critical Timeline: Under Arizona law, you have two years from the date of death to file a wrongful death claim. This statute of limitations is strict and unforgiving—missing this deadline can result in permanently losing your right to compensation. If your loved one died due to negligence, contact an Arizona personal injury attorney immediately to protect your family’s rights.

Common Causes of Wrongful Death in Phoenix

Wrongful deaths occur across many different circumstances and industries. At Triumph Law Group, we handle wrongful death cases arising from:

Vehicle Accidents:

• Automobile collisions caused by reckless or negligent drivers
• Truck accidents involving commercial vehicles and negligent trucking companies
• Motorcycle accidents resulting from other drivers’ failures
• Rideshare accidents (Uber, Lyft) involving driver negligence or vehicle defects

Medical Negligence:

• Surgical errors and anesthesia mistakes
• Misdiagnosis or delayed diagnosis of serious conditions
• Medication errors and prescription mistakes
• Birth injuries resulting from obstetric malpractice

Other Common Causes:

• Workplace accidents and construction site fatalities
• Product defects and manufacturing failures
• Nursing home abuse and neglect
• Aviation accidents and boating accidents

Regardless of the cause, if negligence or wrongful conduct led to your loved one’s death, you may have a claim for compensation. Our attorneys have experience across all these practice areas and understand the unique legal standards that apply to each type of case.

What Damages Can You Recover in a Wrongful Death Case?

Arizona law allows families to recover three distinct categories of damages in wrongful death cases. Understanding what compensation is available helps families make informed decisions about their claims.

Economic Damages (Quantifiable Financial Losses):

• Lost wages and future earning potential that the deceased would have earned
• Medical bills from injury through death
• Funeral and burial expenses
• Loss of benefits (health insurance, retirement, pension)
• Household services the deceased provided (childcare, home maintenance)

Non-Economic Damages (Subjective Losses):

• Loss of companionship and consortium with the deceased
• Pain and suffering experienced by the deceased before death
• Emotional distress and grief of surviving family members
• Loss of parental guidance for children who have lost a parent
• Loss of spousal relationship for surviving spouses

Punitive Damages (In Limited Circumstances):

When the defendant’s conduct was particularly reckless, malicious, or grossly negligent, Arizona law may allow punitive damages designed to punish the defendant and deter similar conduct. Learn more about Arizona personal injury damages.

Triumph Law Group recovered $4.6 million in a wrongful death settlement, demonstrating the substantial compensation available when families have experienced legal representation.

How Long Do You Have to File a Wrongful Death Claim?

Time is critical in wrongful death cases. Arizona imposes strict deadlines for filing claims, and missing these deadlines can permanently eliminate your family’s right to compensation.

Standard Statute of Limitations:

The general statute of limitations for wrongful death claims in Arizona is two years from the date of death. This means you must file your claim within 24 months of your loved one’s passing. Under Arizona Revised Statutes § 12-542, this deadline is strictly enforced.

Important Exceptions to Know:

• Workers’ Compensation Deaths – One-year statute of limitations for workplace fatalities
• Government Entity Claims – 180-day notice requirement followed by one-year filing deadline (under A.R.S. § 12-821.01)
• Discovery Rule – In rare cases where the cause of death wasn’t immediately apparent, the clock may start when the cause is discovered

The statute of limitations ensures that cases are filed while the evidence is fresh and the witnesses’ memories are clear. However, it also creates urgency for families. Insurance companies know these deadlines and may delay settlement discussions, hoping families will miss the filing deadline.

If your loved one died due to negligence or wrongful conduct, contact Triumph Law Group immediately. We can evaluate your case, preserve evidence, and ensure all deadlines are met. Our 24/7 availability means we’re here when you need us most.

How Much Is Your Wrongful Death Claim Worth?

The value of a wrongful death claim depends on multiple factors specific to your case. While no two cases are identical, understanding the factors that influence settlement value helps families set realistic expectations.

Factors Affecting Settlement Value:

• Age and Earning Potential – Younger individuals with higher earning potential typically result in larger settlements
• Relationship to Beneficiaries – The nature of the relationship affects non-economic damages
• Severity of Defendant’s Conduct – Gross negligence or recklessness often results in higher settlements
• Insurance Coverage Available – The defendant’s insurance limits directly impact maximum recovery
• Strength of Evidence – Clear evidence of negligence and liability strengthens your position
• Medical Documentation – Comprehensive records support higher damage claims
• Expert Testimony – Economists and medical experts can increase claim value

Many wrongful death cases settle before trial, but some proceed to a jury verdict. At Triumph Law Group, we prepare every case for trial, which strengthens our negotiating position and often results in better settlements. Insurance companies know we’re willing to pursue cases in court, not just accept lowball offers.

Why Choose Triumph Law Group for Your Wrongful Death Case?

When your family faces the tragedy of wrongful death, choosing the right attorney matters. Triumph Law Group brings experience, dedication, and proven results to every case.

Our Firm’s Track Record:

• Decades of Personal Injury Experience – Deep understanding of Arizona’s legal requirements
• 98% Success Rate – We have successfully resolved the vast majority of cases we handle
• Litigation-Focused Strategy – We prepare every case with litigation in mind, ensuring no detail is overlooked
• $4.6 Million Largest Settlement – Demonstrates our ability to secure substantial results

Our Experienced Attorneys:

Triumph Curiel, Founding and Managing Partner – Recognized as a Super Lawyers Rising Star (2019-2021), has practiced personal injury law since 2011. His healthcare administration background and legal experience allow him to understand the medical complexities of wrongful death cases.

Liz Wylde, Personal Injury Attorney – With 15+ years of experience, Liz earned recognition in the Order of the Barristers, a national honor society recognizing outstanding trial skills. As a former Arizona State Law Journal Editor, she brings exceptional legal research abilities to every case.

Gary Kester, Personal Injury Attorney – Gary brings 22+ years of legal experience, admitted to the Arizona Bar in 2003. His extensive background in personal injury litigation and insurance matters provides deep insight into how insurance companies evaluate claims.

Sheldon Black, Personal Injury Attorney – Sheldon’s background in tax, business, and bankruptcy law gives him a strong foundation in financial analysis and complex dispute resolution. Since shifting his focus to personal injury, he has successfully represented clients in car, truck, motorcycle, rideshare, and wrongful death cases across Arizona. Known for his straightforward and tenacious advocacy, Sheldon approaches every case with strategic insight and an unwavering commitment to his clients.

We offer 24/7 availability, contingency fee basis (no fees unless we win), free consultations, and bilingual services (English/Spanish). Contact Triumph Law Group today at 602-595-5559.

What to Expect in Your Wrongful Death Case

Understanding the process helps families prepare emotionally and practically for the journey ahead. While every case is unique, most wrongful death claims follow a similar path.

The Wrongful Death Process:

• Step 1: Initial Consultation – Meet with our attorney to discuss your loved one’s death and your family’s situation. This consultation is free and confidential.
• Step 2: Investigation – Our team conducts a thorough investigation, gathering police reports, medical records, witness statements, and other evidence. We may hire accident reconstruction experts or medical specialists.
• Step 3: Demand Letter – We prepare a detailed demand letter outlining the facts, liability, and damages. We send this to the defendant’s insurance company and begin settlement negotiations.
• Step 4: Settlement or Trial Preparation – If settlement discussions are successful, we negotiate final terms. If a settlement is not possible, we prepare your case for trial.
• Step 5: Resolution – Whether through settlement or trial verdict, we work to secure maximum compensation for your family.

Timeline Expectations:

• Simple cases: 6-12 months from filing to settlement
• Complex cases: 12-24 months or longer
• Trial cases: 2-3+ years from filing to verdict

Throughout this process, we keep your family informed with regular updates. We understand that this is one of the most difficult periods of your life, and we’re here to guide you through it. If you have questions about personal injury claims, our team is ready to help.

Contact Triumph Law Group for Help With Your Wrongful Death Case

Losing a loved one is devastating, but you do not have to face the legal process alone. At Triumph Law Group, our Phoenix wrongful death lawyers are dedicated to helping families seek justice, accountability, and financial security after a tragic loss. We handle every aspect of your case, from investigation to litigation, so you can focus on healing.

Call 602-595-5559 for a free consultation or contact us online. We are available 24/7, and you pay nothing unless we win your case.

Frequently Asked Questions About Wrongful Death Claims