Consult Wyatt Injury Law Personal Injury Lawyers for a consultation with a Phoenix wrongful death lawyer.
If you have lost a family member due to someone else’s negligence in Phoenix, AZ, you are likely dealing with sudden grief plus facing financial uncertainty and unanswered questions about accountability. Our Phoenix, AZ wrongful death lawyer advocates for families who deserve answers and fair compensation after a preventable loss. Wyatt Injury Law Personal Injury Lawyers handles every wrongful death case on a contingency fee basis, meaning no fees unless we win. Contact us today to schedule a free consultation.
Wrongful Death Lawyer Phoenix, AZ
What does a wrongful death attorney do for grieving families in Phoenix? A wrongful death claim is a civil action brought by surviving family members against the party whose negligence, recklessness, or intentional misconduct caused their loved one’s death. It is separate from any criminal case arising from the same incident, and its outcome does not depend on whether criminal charges are filed or a conviction is obtained.
A Phoenix wrongful death attorney investigates the circumstances of the death, establishes liability, and pursues compensation that reflects what the family has lost. That includes financial support the deceased would have provided, the loss of companionship and guidance, and the costs associated with final expenses and medical care preceding the death. These cases carry significant emotional weight, and the legal process requires both careful preparation and genuine sensitivity to what families are going through.
Types of Wrongful Death Cases We Handle in Phoenix

- Vehicle accidents. Car, truck, and motorcycle accidents are among the most common causes of wrongful death claims in Arizona. When a driver’s negligence results in a fatality, surviving family members can pursue a civil claim for their losses.
- Pedestrian accidents. Pedestrians struck and killed by negligent drivers leave behind families who are entitled to pursue full wrongful death damages. These cases often involve distracted driving, failure to yield, and speeding in areas with significant foot traffic.
- Motorcycle accidents. Motorcyclists face disproportionate fatality risk in collisions with larger vehicles. When a motorcyclist is killed due to another driver’s negligence, the surviving family has a right to pursue compensation through a wrongful death claim.
- Fatal workplace accidents. When a worker is killed on the job due to unsafe conditions, equipment failures, or a third party’s negligence, the family may have a wrongful death claim outside the workers’ compensation system. These cases often involve construction sites, industrial facilities, and defective equipment.
- Fatal premises liability incidents. Deaths caused by unsafe property conditions, inadequate security, or structural failures create wrongful death liability for property owners and managers. We investigate the property’s condition and the owner’s knowledge of the hazard.
- Product liability. Defective vehicles, medical devices, and consumer products cause deaths that give rise to wrongful death claims against manufacturers, distributors, and retailers. These cases require product engineering analysis and often involve multiple defendants.
- Fatal medical negligence. When a healthcare provider’s departure from the standard of care results in a patient’s death, surviving family members may pursue a wrongful death claim. These cases are medically complex and require expert testimony to establish both the breach and its causal relationship to the death.
- Fatal boating and recreational accidents. Deaths occurring on Arizona waterways or during recreational activities due to operator negligence or unsafe conditions give rise to wrongful death claims with specific evidentiary and legal considerations.
Why Choose Wyatt Injury Law Personal Injury Lawyers for Wrongful Death Cases in Phoenix, AZ?
Fighting for Families When the Stakes Are Highest

We handle wrongful death cases on a contingency fee basis. There are no upfront costs and no hourly fees. If we do not recover compensation for your family, you owe nothing.
Justin Wyatt’s Decade of Experience in Arizona Injury Law
Justin L. Wyatt has practiced personal injury and wrongful death law in Arizona for over 10 years, exclusively representing plaintiffs. He received his Juris Doctorate from the Sandra Day O’Connor College of Law at Arizona State University and his undergraduate degree from Brigham Young University Idaho. He is licensed to practice in all Arizona courts and in the United States District Court for the District of Arizona.
Justin is a member of the Arizona Trial Lawyers Association, the American Bar Association, and the Maricopa County Bar Association. Wrongful death cases demand a level of preparation and commitment that goes beyond standard personal injury claims. His experience handling serious injury and death cases in Arizona courts means he understands how to build these cases, present complex damages, and take matters to trial when insurers fail to offer fair value.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases

Recoverable damages in a Phoenix wrongful death case commonly include:
- Medical expenses incurred prior to the death as a result of the fatal injury or illness
- Funeral and burial costs
- Lost income and financial support the deceased would have provided to the family over their lifetime
- Loss of the deceased’s household services and contributions
- Loss of companionship, affection, and guidance, particularly for surviving spouses and children
- Emotional pain and suffering experienced by the surviving family members
- Punitive damages in cases involving gross negligence, intentional misconduct, or extreme recklessness
Liability may rest with a single party or be distributed among multiple defendants. Arizona’s comparative fault rules apply in wrongful death cases, meaning the damages award may be reduced if the deceased is found to have contributed to the circumstances of their own death. That allocation of fault is something we work actively to minimize through thorough investigation and legal preparation.
Important Aspects in Your Wrongful Death Case

- Who may file the claim. Arizona law specifies which surviving family members are entitled to bring a wrongful death action and in what order. Understanding who has standing to file affects both the structure of the claim and the distribution of damages.
- Preserving evidence quickly. Physical evidence, electronic data, surveillance footage, and witness accounts can deteriorate or disappear rapidly after a fatal incident. Retaining an attorney early allows us to issue preservation demands and begin the investigation before critical evidence is lost.
- The relationship between civil and criminal proceedings. If the death involved criminal conduct, a parallel criminal case may be proceeding at the same time. The civil wrongful death claim moves on its own timeline and does not require a criminal conviction to succeed.
- Calculating lifetime damages. Projecting the financial contributions the deceased would have made over their lifetime requires economic analysis, including earning history, projected career trajectory, and life expectancy data. These projections are central to the damages figure we pursue.
- Arizona’s statute of limitations for wrongful death. Arizona law sets a specific deadline for filing wrongful death claims.
Wrongful Death Case Timeline

- Immediately after the death: Focus on your family’s immediate needs. If you believe negligence was involved, preserve any evidence you have access to and avoid giving recorded statements to any insurance company before speaking with an attorney.
- Retention and investigation: Once you retain an attorney, we begin a full investigation into the cause of death, gathering accident reports, medical records, witness accounts, and any other evidence that establishes how and why the death occurred.
- Establishing liability and damages: Liability analysis and lifetime damages projection often require input from accident reconstruction specialists, economists, and medical professionals. This phase takes time but produces a more complete and defensible claim.
- Demand and negotiation: A formal demand is submitted to the responsible party’s insurer once the full scope of damages is documented. Wrongful death negotiations can be extended, particularly when the lifetime damages figure is substantial and multiple parties share liability.
- Litigation: When insurers refuse to offer fair compensation, we file suit and pursue the case through formal discovery, depositions, and trial preparation.
- Resolution: Once the matter resolves through settlement or verdict, any outstanding liens and costs are addressed before the recovery is distributed to the statutory beneficiaries.
What to Bring to Your Wrongful Death Consultation

- Any accident, police, or incident reports related to the death
- Medical records or documentation from treatment preceding the death, if available
- Information about the deceased’s employment and income history
- Any correspondence from an insurance company you have already received
- Names and contact information for witnesses, if known
Your consultation is free and there is no obligation to retain us afterward. We will explain what Arizona law allows, who may be entitled to file a claim, and what the process looks like for your family.
Arizona Legal Resources for Wrongful Death Cases

- The Arizona State Legislature website is the authoritative source for the wrongful death statutes that define who may file a claim, what damages are available, and how liability is allocated under Arizona law.
- Arizona follows a pure comparative fault system, which applies in wrongful death cases when the deceased is alleged to have contributed to the circumstances of their death. The Arizona Judicial Branch provides general guidance on how civil liability and fault are determined in state court.
- The CDC injury and violence data provides national and state-level information on the leading causes of injury-related death, offering context for how frequently preventable fatalities occur across different categories of incidents.
- The Arizona Department of Transportation’s fatal crash data documents vehicle-related fatalities across the state, including in the Phoenix metro area, which is relevant to wrongful death claims arising from traffic incidents.
- The National Safety Council injury facts provide additional context on preventable deaths by category, including motor vehicle fatalities and workplace incidents that frequently give rise to wrongful death claims.
Wrongful Death Statistics in Phoenix, AZ

Each figure below represents families who lost someone in a preventable crash. A wrongful death attorney in Phoenix uses this data to identify patterns, show where a corridor has a documented history of serious crashes, and respond when an insurer argues that a death could not have been avoided. Crash data can also help show that a hazard or driving behavior was foreseeable.
- Phoenix recorded 37,472 crashes in 2024, and 278 people died in them, according to the state’s 2024 crash report.
- From 2019 through 2023, Phoenix averaged 844 crashes per year that killed someone or caused a serious injury, based on the city’s Road Safety Action Plan annual report.
- The same report found that pedestrians were involved in 41% of fatal crashes on city roadways, and motorcyclists were involved in 20%.
- Arizona recorded 1,156 traffic deaths in 2025, with alcohol impairment a factor in 334 of them and speeding a factor in 367, according to ADOT’s 2025 figures.
Questions to Ask a Phoenix Wrongful Death Lawyer Before Hiring
- Who in our family has the right to file? Under Arizona’s wrongful death statute, the action is brought by a surviving spouse, child, parent or guardian, or the personal representative of the estate, on behalf of the surviving spouse, children, or parents. A lawyer should explain who should be named as the plaintiff and why before anything is filed.
- Who will be responsible for our case? Ask which attorney will review the evidence, negotiate with the insurance company, and appear in court.
- How will you investigate how the death happened? A thorough investigation may include the medical examiner’s findings, 911 recordings, vehicle data, and expert reconstruction testimony when fault is disputed.
- How are fees and case costs handled? Ask whether the lawyer works on contingency fees, what percentage applies, who advances the costs of the investigation, and how those costs are treated if the case does not result in a recovery.
- How would a recovery be divided? Arizona law directs that the amount recovered be distributed to the eligible survivors in proportion to their damages. That process requires careful attention when a spouse, adult children, and parents each have claims.
- What damages can our family pursue? Arizona’s damages statute allows the jury to award what it considers fair and just for the losses the survivors suffered and to consider aggravating circumstances surrounding the death, and the state constitution prohibits caps on these damages.
- Have you handled cases against commercial defendants? A fatal truck accident or a death on a job site often involves corporations with large insurance policies and experienced defense counsel.
- How will you keep our family informed? Ask how often you can expect updates and how the firm prefers to handle questions that arise between those updates.
- What should our family avoid while the claim is pending? A lawyer should explain how to respond to calls from insurance adjusters, why recorded statements should wait, and why social media posts about the death or the case can be used by the defense.
Phoenix Wrongful Death Lawyer FAQs
How much does a wrongful death lawyer in Phoenix, AZ cost?
Families do not pay anything up front. We handle every wrongful death case on a contingency fee basis, which means no fees unless we win. Our fee is a percentage of the recovery set out in a written agreement, and we advance the costs of investigating the case. If there is no recovery, the family owes no attorney fee. We review the full arrangement during the free consultation before you decide whether to hire a Phoenix wrongful death attorney.
How long does a family have to file a wrongful death lawsuit in Arizona?
In most cases, the family has two years from the date of death. Arizona’s filing deadline for wrongful death runs from the day the person died, not the day of the incident that caused the injuries. That distinction matters when someone survives for weeks before passing away. Missing the deadline typically ends the claim permanently, so we recommend speaking with a wrongful death lawyer in Phoenix well before that window closes, while evidence is still available.
What if the driver who caused the death was impaired?
An impaired driver who causes a death may face criminal charges, and the family can pursue a civil wrongful death claim at the same time. The civil case does not depend on a criminal conviction. Evidence of intoxication strengthens proof of negligence, and it may also be treated by the jury as an aggravating circumstance when the jury considers damages. Toxicology results, body camera footage, and the arresting officer’s report are often important evidence in DUI accident cases.
What if the driver fled the scene?
A hit-and-run accident that takes a life still leaves the family with options. Our Phoenix, AZ wrongful death lawyer works to identify the driver through surveillance footage, witness accounts, and the police investigation. If the driver is never found, the deceased person’s own uninsured motorist coverage may provide a source of recovery, and other policies in the household may apply as well. Acting quickly improves the chances of locating surveillance footage before businesses record over it.
Does a wrongful death claim include the income my loved one would have earned?
The loss of financial support is often one of the largest components of a wrongful death claim for surviving family members. Using tax returns, employment records, and methods similar to those applied to lost earning capacity in injury cases, economists project what the person would likely have earned over a working lifetime, accounting for age, education, career path, expected raises, and benefits. The family may also pursue the value of household services, guidance, and companionship the person provided.
Can siblings or grandparents file a wrongful death claim in Arizona?
In most cases, siblings and grandparents cannot bring the claim. Arizona’s wrongful death statute identifies the surviving spouse, children, and parents as the people on whose behalf the claim is brought. Other relatives are not included in that list. If none of the listed survivors exist, the personal representative may bring the claim on behalf of the estate. Our Phoenix wrongful death attorney reviews each family’s circumstances during the consultation before advising who should bring the claim.
What if my loved one died in a workplace accident?
A workplace death may involve more than one source of recovery. Beyond any benefits connected to the employer, a third party such as a subcontractor, equipment manufacturer, or property owner may share responsibility for the death. Construction site accidents often involve several companies working in the same area, and each may carry separate insurance. We review the contracts, safety records, and parties connected to the jobsite before advising the family on the next steps in the claim.
Where would a Phoenix wrongful death lawsuit be filed?
Most wrongful death lawsuits arising in Phoenix are filed in Maricopa County Superior Court, which is part of the Arizona court system that hears civil claims. Filing a lawsuit does not mean the case will go to trial, and many wrongful death cases resolve through negotiation after the suit is filed. If the insurer does not offer fair value, we are prepared to take the case to trial and present the family’s losses to a jury.
How long does a wrongful death case take?
Timelines for these cases vary widely. A claim with clear liability and adequate insurance may resolve within a year, while cases with disputed fault, multiple defendants, or a parallel criminal prosecution can take considerably longer. Serious cases often require a lawsuit, formal discovery, and depositions before the insurer makes a meaningful offer. The goal is a resolution that reflects the family’s losses rather than a quick settlement. We keep the family informed about where the case stands as it moves through each stage.
Do we need to open an estate before filing a wrongful death claim?
Opening an estate is not always necessary. A surviving spouse, child, or parent can bring the claim directly on behalf of the eligible family members. A court-appointed personal representative is typically needed when the claim is brought on behalf of the estate, such as when no spouse, child, or parent survives. We help families determine whether a probate proceeding is necessary and coordinate that process when it is required, so the claim can move forward without delay.
Important Resources for Phoenix, AZ Wrongful Death Cases
Most Dangerous Locations for Fatal Crashes in Phoenix
Dangerous streets:
- Indian School Road between 91st and 39th Avenues. The city’s safety plan ranked this corridor among its highest crash-risk locations, and federal funding was awarded to redesign it.
- 43rd Avenue between Lamar Road and McDowell Road. An analysis of federal crash records from 2017 through 2019 ranked this stretch first in Arizona for fatal crashes.
- 19th Avenue between Thunderbird Road and Dunlap Avenue. This High Injury Network corridor was selected for a federally funded safety study.
- McDowell Road between 24th and 28th Streets. The city completed a road safety assessment on this High Injury Network segment in 2024, including a review of intersection crashes at 24th Street.
Dangerous highways:
- I-17 (Black Canyon Freeway). National analyses of federal crash data have ranked I-17 among the deadliest interstates per mile, with most deaths on its Phoenix-area stretch.
- I-10 near the SR 51 and Loop 202 interchange. Three freeways meet at this downtown interchange, where heavy merging traffic increases the risk of freeway crashes and chain-reaction pileups.
What Are Important Local Resources for Phoenix Wrongful Death Cases?
Families facing a sudden death in Phoenix often need official records and emotional support at the same time, and the following organizations provide both.
- Maricopa County Medical Examiner: 602-506-3322 (death investigations and examination reports)
- Phoenix Police Department: 602-262-6151 (non-emergency line for crash and incident information)
- New Song Center: 480-951-8985 (no-cost grief support groups for children, teens, and families)
Wyatt Injury Law Personal Injury Lawyers provides these resources for informational purposes only and does not endorse or have any affiliation with the organizations listed.
About Wyatt Injury Law Personal Injury Lawyers
Justin L. Wyatt is admitted to practice in the federal courts of both Arizona and Ohio and has represented families as a wrongful death lawyer in Phoenix, AZ and throughout the Valley. Away from the office, he is a husband and father of three who enjoys outdoor adventures, travel, sports, and barbecues with his family. Our firm approaches every wrongful death case with preparation and care, and our results include a $300,000 recovery for a family in a wrongful death matter.
What Our Clients Say
★★★★★
“Justin is an excellent attorney. I’ve been practicing law in Arizona since 2010. Anytime I need a referral for a personal injury case, without hesitation, I send clients to Justin.”
Matt Lopez
Read more reviews on our Google Business Profile.
Additional Resources for Phoenix, AZ Wrongful Death Cases
- How Can You File a Wrongful Death Claim in Arizona?
- Insurers and Wrongful Death Claims in Arizona
- Why Arizona Never Caps What a Life Is Worth
- Understanding Structured Settlements Versus Lump Sum Payments
- Fatal Left-Turn Motorcycle Crash in Phoenix
Contact Wyatt Injury Law Personal Injury Lawyers
When a preventable death affects your family, you deserve answers and accountability. We handle wrongful death cases with no fees unless we win, and the consultation is free and confidential. We will listen to what happened, explain who may bring a claim, and outline the steps ahead at a pace that works for your family. Our phones are answered 24 hours a day. Contact us to speak with a Phoenix wrongful death lawyer.
Wyatt Injury Law Personal Injury Lawyers, Phoenix Wrongful Death Lawyer
5333 N 7th St Ste A-210, Phoenix, AZ 85014
Reach Out to Wyatt Injury Law Personal Injury Lawyers to Schedule a Consultation
Losing someone due to another party’s negligence is a devastating experience, and the legal process that follows should not add to that burden. Wyatt Injury Law Personal Injury Lawyers offers free consultations with no obligation, and we handle every wrongful death case on a contingency fee basis, so there are no fees unless we recover compensation for your family. Contact us to schedule your consultation with our Phoenix wrongful death lawyer.