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A wrongful death claim is a type of civil lawsuit that allows certain surviving family members to seek compensation when a loved one dies because of another person’s negligent, reckless, or intentional conduct. It is distinct from criminal cases, which focus on punishment, because civil wrongful death claims focus on financial and emotional recovery for the families left behind.
Under Arizona law, wrongful death occurs when someone dies as a result of another party’s wrongful act, neglect, or default and the death is such that, if the injured person had survived, they would have been entitled to pursue a personal injury claim for damages.
Wrongful death claims arise in many contexts, including car accidents, medical malpractice, workplace incidents, defective products, and criminal acts, whenever a preventable death occurs due to another party’s unlawful conduct.
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A wrongful death lawsuit is a separate civil action from any criminal prosecution that may arise from the same incident. For example, a defendant may face criminal charges for a fatal DUI collision while the victim’s family pursues a civil wrongful death claim for compensation. The outcomes of these cases are independent of one another.
In a civil wrongful death case, the family, through an attorney, must generally establish:
These elements are similar to those in a personal injury case. However, instead of compensating the deceased, a wrongful death claim compensates the survivors for their financial and emotional losses.
Wrongful death claims can arise from many types of fatal incidents, including:
In any situation where another party’s wrongful conduct leads to a fatality and would have supported a personal injury claim had the individual survived, a wrongful death lawsuit may be appropriate.
In Arizona, the statute of limitations for a wrongful death lawsuit is generally two years from the date of the deceased person’s death.
Failing to file within this timeframe can bar the claim entirely, regardless of the strength of the evidence or severity of the loss. There are limited exceptions, such as cases involving government entities or situations where the cause of death was not immediately known, but these are technical issues best addressed with legal guidance.
Arizona courts allow families to recover both economic and non-economic damages for losses caused by a loved one’s death.
These are financial losses that can be objectively calculated:
These are intangible losses that reflect emotional and personal harm:
Arizona does not cap the amount of wrongful death damages awarded to families, meaning juries or courts can award as much compensation as they deem “fair and just” based on the evidence.
In rare cases with especially reckless or intentional conduct, punitive damages may be awarded to punish the defendant and deter similar future misconduct.
Wrongful death damages depend on many factors, including:
Attorneys and insurers may rely on different valuation methods and expert testimony to assess these losses. Because every case is unique, early legal evaluation helps ensure that all available forms of compensation are properly included in the claim.
Under Arizona law, any amount recovered in a wrongful death action is typically distributed to eligible beneficiaries in proportion to their damages. This distribution reflects the specific financial and personal losses each family member suffered as a result of the death.
If a spouse, child, and parent all bring claims in the same case, the court considers evidence of each individual’s losses when determining how the total recovery is allocated.
Wrongful death claims, particularly those involving serious accidents, often present several challenges.
Because of these complexities, experienced legal representation is critical to protect your rights and pursue full compensation.
A wrongful death lawyer assists families with:
Gathering police and medical records
Interviewing witnesses
Consulting industry and economic experts
Calculating economic & non-economic losses
Negotiating with insurers and defendants
Filing lawsuits
Preparing trial evidence
Representing your family at every stage
Because wrongful death claims involve both emotional trauma and legal complexity, having a compassionate, experienced advocate can provide crucial support and maximize compensation.
At Snyder & Wenner, P.C., we understand that losing a loved one due to someone else’s negligence is one of life’s most devastating experiences. Our wrongful death attorneys combine legal expertise with compassionate advocacy to pursue full, fair compensation for your family’s economic and emotional losses.
We work with medical professionals, economists, and experts to build strong evidence-based claims — whether through negotiation or trial — while helping your family navigate this difficult time with dignity and support.
If your family has suffered the loss of a loved one due to someone else’s negligence in Phoenix or anywhere in Arizona, don’t wait — legal deadlines are strict and evidence deteriorates over time.
Contact Snyder & Wenner, P.C. for a free consultation to review your case, protect your rights, and begin pursuing the justice and compensation your family deserves.
Only certain family members — such as spouses, children, parents, or a personal representative of the estate — may file. Extended family members or unmarried partners generally cannot.
Typically two years from the date of death, though exceptions apply.
Yes. Civil wrongful death claims are separate from criminal prosecutions.
No — Arizona does not place a cap on wrongful death damages.