Wrongful Death Lawyer Tempe, AZ

If you've lost a loved one because of someone else's negligence in Tempe, you're facing grief alongside serious financial consequences. Arizona law gives surviving family members the right to pursue accountability when a loved one's death was caused by negligence, recklessness, or intentional misconduct. Our Tempe, AZ wrongful death lawyer at Wyatt Injury Law has spent over 10 years fighting exclusively on behalf of injured victims and their families. Founding attorney Justin L. Wyatt handles these cases with the seriousness and care they require.

Why Choose Wyatt Injury Law for Wrongful Death Cases in Tempe, AZ?

Results That Reflect Real Accountability

Our firm has recovered millions of dollars for injured clients and families throughout Arizona, including a $500,000 wrongful death recovery, a $375,000 wrongful death result, and a $150,000 wrongful death policy limits settlement. These outcomes required building complete cases by establishing liability clearly, documenting the full economic and non-economic losses the family sustained, and refusing to accept early offers that didn't reflect what those losses were actually worth.

Justin L. Wyatt earned a Top 10 Jury Verdict recognition from the National Trial Lawyers Association in 2021. In wrongful death cases, a willingness to take cases to trial when settlement is inadequate matters because insurers negotiate differently when they know an attorney won't accept less than what the case is worth.

A Decade of Plaintiff-Side Practice in Arizona Courts

Justin graduated from Sandra Day O'Connor College of Law at Arizona State University in Tempe and has practiced personal injury and wrongful death law in Arizona for over 10 years. He is admitted to all Arizona courts and the United States District Court for the District of Arizona. He is a member of the Arizona Association for Justice, the Maricopa County Bar Association, and the American Bar Association.

Wrongful death cases in Arizona have specific procedural requirements including who can bring the claim, what damages are available, and how the recovery is allocated among family members. As a personal injury lawyer in Tempe, AZ, Justin understands how these cases are built, how courts in this jurisdiction approach them, and what it takes to pursue full recovery for a surviving family.

Presence and Communication When It Matters Most

Families going through wrongful death cases are grieving. Justin and our team stay in direct contact with every client, explaining what's happening, why decisions are being made, and what to expect at each stage. Families going through the worst experience of their lives deserve an attorney who shows up for them.

⭐⭐⭐⭐⭐
"Justin and his staff are just awesome. They worked closely with us and kept us updated about everything that was going on. He really helped us. He even went as far as to call when he went on vacation to Yellowstone National Park." — Tina Corley

Read more reviews on our Google Business Profile.

No Fee Unless We Win

Wrongful death cases are handled on contingency. Our fee is a percentage of the recovery, collected at the end. If we don't win your case, you owe nothing. There is no financial barrier to pursuing accountability for your family's loss.

Types of Wrongful Death Cases We Handle in Tempe

Wrongful death claims arise in many circumstances. What they share is that someone died because of another party's negligence, recklessness, or intentional act, and Arizona law provides a path for surviving family members to pursue compensation. We handle wrongful death cases arising from the following throughout Tempe and Maricopa County.

Car accidents. Vehicle crashes are among the leading causes of wrongful death claims in Arizona. Distracted drivers, drunk drivers, and reckless drivers who cause fatal crashes bear full civil liability. Our car accident lawyers investigate thoroughly, establish fault clearly, and pursue the complete range of damages available to surviving families.

Truck accidents. Commercial vehicle crashes are disproportionately fatal. When a semi-truck or commercial vehicle kills someone, liability may extend to the driver, the carrier, the cargo company, and others. Our truck accident attorneys move fast to preserve electronic log data and other critical evidence.

Bicycle accidents. Cyclists have no protection when struck by a vehicle. Fatal bicycle accident cases in Tempe, particularly near the ASU campus and on high-traffic corridors, leave families with significant legal rights and limited time to exercise them.

Hit and run accidents. When a driver flees a fatal accident scene, families face a more complex path to compensation, but not a dead end. Uninsured motorist coverage, investigation, and pursuit of all available recovery channels are the focus in these cases. Hit and run claims require immediate action to preserve evidence.

Pedestrian accidents. A pedestrian struck and killed by a negligent driver leaves surviving family members with clear legal claims against the at-fault party. Arizona's wrongful death statute was designed for exactly these circumstances.

Motorcycle accidents. Motorcycle fatalities leave families suddenly without a partner, parent, or provider. Our motorcycle accident lawyers have handled wrongful death claims throughout Arizona and understand both the liability questions specific to rider cases and the full scope of damages available.

Workplace accidents. When a fatal workplace accident involves third-party negligence such as a defective product, a negligent contractor, or an unsafe property owner, a wrongful death claim may exist outside of the workers' compensation system. We evaluate third-party liability in every workplace fatality case.

Medical negligence. When a preventable medical error causes a patient's death, the family may have a wrongful death claim against the treating physician, hospital, or healthcare system. These are among the most complex wrongful death cases, requiring expert medical testimony, detailed records review, and a thorough understanding of Arizona medical malpractice standards.

Catastrophic injuries. Some wrongful death cases arise from injuries that were initially survivable but ultimately fatal due to the severity of harm. These catastrophic injury cases involve both the pre-death injury damages and the wrongful death claim, and require careful handling of both components.

Arizona Legal Requirements for Wrongful Death Claims in Tempe

Arizona Wrongful Death Statute, A.R.S. § 12-611 et seq. Arizona's wrongful death statute establishes the right to pursue a civil claim when someone's death is caused by the wrongful act, neglect, or default of another. The full statutory framework is available at A.R.S. § 12-611.

Who Can Bring a Wrongful Death Claim, A.R.S. § 12-612. In Arizona, wrongful death claims are brought by and in the name of the surviving spouse, children, parents, or, if none survive, the estate's personal representative. The claim is filed as a single action, with any recovery allocated among the surviving beneficiaries based on their individual losses. Understanding who has standing and how recovery is distributed is one of the first questions we address with every family. The statute is at A.R.S. § 12-612.

Statute of Limitations, A.R.S. § 12-542. Wrongful death claims in Arizona must be filed within two years of the date of death. This is a hard deadline, and missing it eliminates the family's right to recover with very limited exceptions. If a government entity is involved, a pre-suit notice must be filed within 180 days of death under A.R.S. § 12-821.01. The full statute is at A.R.S. § 12-542. Learn more about the Arizona statute of limitations. Do not wait to consult an attorney.

Comparative Fault, A.R.S. § 12-2505. Arizona's comparative negligence rule applies in wrongful death cases. If the deceased was found partially at fault for the circumstances of their own death, the family's recovery is reduced proportionally. Defendants and their insurers will argue contributory fault aggressively to reduce what they owe. Understanding how to counter those arguments and how comparative fault affects total wrongful death recovery is central to how we build every case. See A.R.S. § 12-2505.

Survival Claims vs. Wrongful Death Claims. Arizona allows both a wrongful death claim and a survival claim in appropriate cases. A survival claim is brought on behalf of the deceased's estate and recovers damages for the pain and suffering experienced between the injury and the death. A wrongful death claim recovers the damages sustained by surviving family members. Understanding how to properly bring and coordinate both types of claims can significantly affect total recovery. The Arizona Judicial Branch provides general civil procedure information.

What Damages Are Recoverable in a Tempe Wrongful Death Case?

Arizona's wrongful death statute allows surviving family members to recover for the full range of losses caused by the death, both economic and non-economic.

Economic damages include the financial consequences of the loss. The deceased's lost future earnings, calculated over their expected remaining working life, are typically the largest component. Lost financial support and household contributions factor into these calculations. Loss of household services including childcare and home maintenance are recoverable. Funeral and burial expenses and medical costs incurred between the injury and the death are also included. In cases involving the death of a parent, the economic impact on dependent children can extend for years.

Non-economic damages address the personal losses that can't be calculated from a pay stub. Loss of companionship represents the emotional and relational support the deceased provided to a spouse, child, or parent. Loss of guidance and mentorship for children who have lost a parent is compensable. Grief and sorrow are explicitly recognized as compensable in Arizona wrongful death cases. The loss of a relationship that was genuinely central to the lives of those left behind carries real weight in these claims. These damages require careful documentation and presentation to be fully recovered.

Punitive damages may apply when the conduct causing the death was egregiously reckless, such as a drunk driver who killed someone or a company that deliberately concealed a dangerous product defect. Arizona law allows punitive damages in wrongful death cases where the defendant's conduct warrants them, and they can substantially increase total recovery.

Arizona has no cap on compensatory damages in wrongful death cases. The Arizona Supreme Court has consistently upheld this framework as essential to full accountability for wrongful death defendants.

What Steps Should a Family Take After a Wrongful Death in Tempe?

Focus on your family first. The legal process can wait a brief time while you address immediate family needs. What cannot wait indefinitely is the two-year filing deadline, but contacting an attorney within the first few weeks is sufficient to protect those rights.
Preserve all evidence you have access to. Photographs, communications, and any documents related to the accident or incident should be kept safe. Do not dispose of or alter anything related to how the death occurred.
Request all official reports. Police reports, medical examiner or coroner reports, and any incident reports establish the factual record of how and why the death occurred. These documents are foundational to your claim.
Gather financial records. Tax returns, pay stubs, bank statements, and employment records document the deceased's income and financial contributions to the family. These records form the basis of the lost earnings calculation.
Do not speak with the defendant's insurer. The at-fault party's insurance company will contact you. Do not give a recorded statement and do not accept any settlement offer because early offers in wrongful death cases are almost always far below what the claim is actually worth. Let our attorney determine if it is a reasonable settlement offer before making any decisions.
Identify all potential beneficiaries. Arizona law limits who can bring and benefit from a wrongful death claim. Understanding which family members have standing and how any recovery would be distributed is something we address directly at the first consultation.
Contact a Tempe wrongful death attorney promptly. Not because of pressure, but because evidence fades, witnesses' memories change, electronic data gets overwritten, and the two-year clock is running from the date of death. Early legal involvement protects the case.
Let us handle the legal process. Families in grief shouldn't be managing insurance correspondence, document requests, and litigation deadlines. Our job is to carry the legal burden so you can focus on your family.

Wrongful Death Statistics in Tempe and Arizona

Fatal accidents are not rare events in Arizona, and Tempe sits within one of the state's highest-volume crash environments.

The Arizona Department of Transportation crash facts report hundreds of traffic fatalities in Arizona each year, with Maricopa County consistently accounting for the largest share. The same road conditions that make Tempe dangerous for pedestrians, cyclists, and motorcycle riders also produce fatal crashes at a rate that reflects serious systemic risk. High-speed arterials, heavy vehicle traffic, a large university population, and dense commercial corridors all contribute to these numbers.

The Centers for Disease Control and Prevention identifies motor vehicle crashes as a leading cause of preventable death for Americans under 55, with Arizona's fatality rates consistently at or above national averages. Pedestrian deaths, motorcycle fatalities, and large-vehicle crashes each contribute meaningfully to those numbers.

Alcohol-related driving deaths remain a persistent problem. The National Highway Traffic Safety Administration reports impaired driving accounts for approximately 28% of all traffic fatalities nationally, representing a significant and preventable number of deaths on Arizona roads each year.

Workplace fatalities add another dimension. The Bureau of Labor Statistics Census of Fatal Occupational Injuries documents thousands of workplace deaths annually, with construction, transportation, and extraction industries accounting for the highest rates. These industries are well-represented in the Phoenix metro area.

Tempe Wrongful Death Lawyer FAQs

Who can file a wrongful death claim in Arizona?

Under A.R.S. § 12-612, the claim is brought by the surviving spouse, children, or parents of the deceased. If none of those survivors exist, the personal representative of the estate may bring the claim on behalf of the estate's beneficiaries. Arizona treats wrongful death as a single action, and all beneficiaries' claims are consolidated into one lawsuit.

How long do we have to file a wrongful death claim in Arizona?

Two years from the date of death. If a government entity is involved, a pre-suit notice must be filed within 180 days. There are very limited exceptions. The safest course is to contact an attorney as soon as possible after the death because evidence is preserved better early and the deadline can approach faster than families expect.

What if the person who died was partially at fault?

Under Arizona's pure comparative fault rule, the family's recovery is reduced by the percentage of fault attributable to the deceased, but it doesn't eliminate the claim. If a drunk driver ran a red light and struck a pedestrian who wasn't using a crosswalk, the pedestrian's family can still recover. The recovery would be reduced by whatever percentage of fault the jury assigns to the pedestrian's conduct.

What damages are available to children who lost a parent?

Children who lose a parent can recover for loss of financial support, loss of parental guidance and mentorship, loss of companionship, and their share of the parent's projected future earnings. In cases involving young children, these damages can extend over many years and represent a significant component of total recovery.

What damages are available to a spouse who lost their partner?

A surviving spouse can recover for loss of financial support, loss of companionship and consortium, loss of household services, grief and sorrow, and their share of the deceased's projected future earnings. The full picture of what a marriage provided financially, emotionally, and practically is what Arizona law seeks to compensate.

Can parents recover if they lost an adult child?

Yes. Parents are listed beneficiaries under A.R.S. § 12-612. Damages available to parents typically center on loss of companionship, grief, and in some circumstances lost financial contributions the adult child made to the parents.

What if there is no surviving spouse or children?

The personal representative of the deceased's estate may bring the wrongful death claim on behalf of the estate's beneficiaries. The Maricopa County Superior Court Probate Division handles estate matters in Maricopa County.

How is a wrongful death recovery distributed among family members?

Arizona law requires that the recovery be distributed in proportion to each beneficiary's individual loss. This means spouses, children, and parents may all receive different amounts depending on their relationship with the deceased and the nature of their losses. We address this allocation process directly with families at the outset.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim recovers damages for the surviving family members' losses. A survival claim, brought by the estate, recovers damages for what the deceased experienced between the injury and their death, including pain and suffering. In many cases, both claims exist and should be pursued together. Understanding this distinction can affect total recovery significantly.

Can we still pursue a wrongful death claim if there was a criminal case?

Yes. Civil and criminal proceedings are entirely separate. A criminal conviction strengthens the civil case because it establishes fault beyond a reasonable doubt, which is a higher standard than civil liability requires. But even without a criminal charge or conviction, a wrongful death civil claim can succeed on its own evidence.

What if the at-fault party has limited insurance?

Arizona's minimum liability coverage is often wholly inadequate for wrongful death cases. If the at-fault party is underinsured, we investigate every available source of recovery including the deceased's own underinsured motorist claim, third-party liability, and any other defendants whose negligence contributed to the death.

What should we expect during a free consultation?

We listen. You describe what happened, who you've lost, and where things stand. We ask questions to understand the facts and the family situation. Then we give you an honest assessment of the claim including what we see, what the challenges are, and what a realistic path forward looks like. No pressure and no cost.

How are wrongful death settlements typically structured?

Some settlements are paid as a lump sum while others are structured settlements, particularly when minor children are beneficiaries. Our attorney can explain the pros and cons of structured versus lump sum settlements based on your specific situation.

How much does a wrongful death attorney in Tempe cost?

Nothing upfront. We work on a contingency fee basis, and our fee is a percentage of the recovery paid only at the end when we win. If we don't recover money for your family, you owe nothing. What percentage do lawyers take varies by case and firm.

What if we're not sure we have a claim?

That's what the consultation is for. You don't need to be certain you have a case before you call. Tell us what happened, and we'll tell you honestly whether we see a viable claim. If we don't, we'll tell you that too.

Important Local Resources for Tempe Wrongful Death Families

The following resources may be useful to families navigating loss and legal proceedings in Tempe. Their inclusion is for informational purposes only and does not constitute an endorsement by Wyatt Injury Law.

Tempe Police Department – (480) 350-8311. For accident reports, investigation status, and incident documentation.
Maricopa County Medical Examiner's Office – (602) 506-7965. For death certificates, autopsy reports, and cause of death documentation relevant to wrongful death claims.
Maricopa County Superior Court Probate Division – (602) 506-3204. For estate administration, personal representative appointments, and related probate matters.
Maricopa County Superior Court Civil Division – (602) 506-3204. For wrongful death civil litigation filings and court information.
Arizona Department of Health Services Vital Records – (602) 364-1300. For obtaining official death certificates and vital records documentation.
Arizona Attorney General Victim Services – (602) 542-5025. State resources for crime victims and families navigating the intersection of criminal and civil proceedings.

Wyatt Injury Law does not endorse and has no affiliation with any of the resources listed above. This information is provided as a public service.

Contact Wyatt Injury Law

No legal process gives a family back what they've lost. But Arizona law does provide a path to financial accountability and the ability to ensure that the negligence causing the death carries real consequences. Wyatt Injury Law represents wrongful death families throughout Tempe and greater Maricopa County. We work on contingency with no fees unless we win your case. We handle the legal burden so you can focus on your family.

When you're ready, reach out for a free consultation. We'll listen carefully, answer your questions honestly, and discuss a path forward.

Send Us A Message

Client Testimonials

Real Clients, Real
Success Stories

Justin Wyatt represented my husband after a motorcycle accident. He and his staff were personable, professional, and so hard working. He cared about us, and it showed. It was a difficult time for us, but we were able to focus on my husband’s recuperation, knowing that Justin was taking care of everything else for us. Thank you so much!

- Sara Hendrickson

I was referred to Wyatt Injury Law Personal Injury Lawyers by a friend after an accident with uninsured driver who ran a red light. After feeling pretty hopeless and being turned down by 3 other attorneys (one flat out told me cases like mine are a pain the a** and he just wants to retire), I almost gave up on the whole thing. After getting off the phone with Justin, I instantly knew I was in good hands. He and his team were excellent at communicating every step of the process to me and keeping me in the loop. His team made a very well organized effort in getting me the rightful reimbursement for my injuries, pain and suffering. I was very happy with the outcome of my case and would not hesitate to refer Wyatt Injury Law Personal Injury Lawyers to my friends should any one of them need such personal injury representation in the future.

- Irene Amrine

Justin is incredible! I can’t say enough wonderful things about him! He helped me through a very difficult time in my life and career. He provided guidance, understanding, and moral support. I never hesitate to refer any of my clients to Justin! I know he will take excellent care of any person who calls, visits, or meets with him! He is a wonderful human being!

- Donna Fendon

I, my husband, and my best friend from college were all involved in a horrific car accident on one of the local freeways. We were rear ended by a pickup truck and we all suffered significant injuries. Justin Wyatt was recommended to us by a trusted friend. From the moment we first spoke to Justin, we knew we were in the right hands. He is extremely knowledgeable, professional, and tenacious. He and his team worked tirelessly to settle our case and exceeded our expectations. We highly recommend Wyatt Injury Law Personal Injury Lawyers to anyone in need of a personal injury attorney.

- Tracey Sahnow

The group at Wayatt Injury Law truly went above and beyond in handling my personal injury claim. They diligently explained every situation in detail to me and answered all of my questions. I had the pleasure of dealing with Justin, who from the very start, was upfront and realistic regarding the situation and expectations. In the end the Wyatt Injury Law Personal Injury Lawyers maximized my claim for which I am very grateful. I was very fortunate to fall into the care of the Wyatt Injury Law Personal Injury Lawyers, and I would strongly recommend them to anyone in need of a law firm to handle a personal injury matter.

- Maria Bosovski

Justin took care of my husband & I after we were rear ended on the freeway and our vehicle was totaled. We were referred to him by a friend. He took great care of us and we just finished our case. He and his staff were great always there to help and answer any questions we had. He walked us through the whole process. Justin is very knowledgeable and will fight for you. He truly cares about his clients and is always a phone call or text away. While we were in the middle of our case with him our son was in a serious motorcycle accident and he is also taking care of him as well. We will definitely recommend Justin at Wyatt Injury Law Personal Injury Lawyers to anyone in need! Thank you Justin!!!

- L Vail

Justin and his team were amazing. I started my claim with another attorney and for over a year there was no movement on my case. Justin came recommended by a friend and from the first appointment with him it was night and day compared to my dealings with a previous attorney. Expectations were set early on and he was able to close out my injury claim within 3 months! Justin Wyatt and his office did an outstanding job and they were able to secure an awesome settlement.

- Blanca Garcia

Justin Wyatt and his associates are professional, proactive, informative, and kind. They kept me up to date on the status of my case, communicated professionally with all parties involved, and resolved the matter completely and efficiently. Most important to me, Justin is a friendly, honest, engaging guy who was kind from start to finish. He explained every aspect of the case in layman’s terms, making it easy for someone without a legal background to understand. If you want quality legal representation from an honest and ethical attorney, contact Just Wyatt. I’m happy I did and wouldn’t hesitate to work with Justin again.

- Mindy K

Justin and his team have helped me immensely after I was a victim of a T-Bone car accident. I was hesitant to bring in a lawyer into my case, but Justin and his team reassured me that everything would be taken care and has gone above and beyond what I could have asked for. Justin handled everything very professionally, communicated with my party and I very often, and saw that everything went as smoothly as possible for me. I cannot recommend him enough, so if you’re looking for the best injury lawyer, Justin and his team with Wyatt Injury Law Personal Injury Lawyers is the route you want to go. Thank you, Justin!

- Cori

The whole team at Wyatt Injury Law Personal Injury Lawyers was fantastic. They handled everything and made the process easy for me. I had contacted many personal injury attorneys (the big names you see on billboards and buses) and no one would take my case. If it wasn’t for my cousin convincing me to pursue this personal injury case I wouldn’t have followed through. It took months to find Wyatt Injury Law Personal Injury Lawyers but well worth it. Don’t hesitate to give them a call.

- Shelley Reynolds

From day one of having Justin & his team was such a comfort. They gave me the needed confidence to stay focused and positive, on such a difficult case. More importantly, they treated me as a friend and not a client. You and the team did such a wonderful job in all aspects of the case. Ya’ll worked tirelessly to ensure the best possible outcome on my behalf, and I can’t thank you enough, and will always be grateful for all of your efforts.

- Luis Avila

Whenever anyone of my friends or family is in need of a personal injury attorney, I don’t hesitate to recommend Wyatt Injury Law Personal Injury Lawyers. Justin and his team are fair-minded, professional, and do everything in their power to ensure a good outcome for their clients. Don’t take on an insurance company yourself, call Wyatt Injury Law Personal Injury Lawyers FIRST. You won’t regret it!

- Jim Summers

I found Wyatt’s group by searching through Korean Times pages. My husband is more comfortable with speaking Korean, but Justin Wyatt helped my husband with his best work, start to end. He and his staff were personable, very knowledgeable and so hard-working. He cared about us, and was easy to talk to. It was not a fun time for us to go through all that, but we were able to get it done in a short time, Justin took care of everything in time and went through the steps with us. Thank you so much me and my husband really appreciate you!!

- Julie Cha

Justin’s counsel was extremely beneficial to me and my situation. I was dealing with a situation involving car accidents and insurance and he helped me understand what I should do. You can tell he has acute judgement and a good character. Highly recommend

- Spencer

Justin and his whole team did an amazing job with my case I can’t thank them enough, professionalism, high quality, responsive. I would highly recommend if you or your loved one looking for the best injury lawyer. Contact with Wyatt injury law firm PLLC. Thank you Justin.

- Samuel

I was referred to Wyatt Injury Law Personal Injury Lawyers through another referral in May of 2022. Upon first speaking with Justin and his team I knew that I was going to be taken care of and that is exactly what happened! This process took a little over 2 years to complete, and there were numerous hurdles to jump over, but Justin never took his foot off the pedal. I would highly recommend Justin Wyatt and his team to take care of any of your injury law needs!

- Jacob Knudson

I had the opportunity to work with Justin’s firm over the last year. Justin is an exceptional legal professional and assisted me with an injury settlement case. His level of professionalism and expertise was apparent from the very beginning, and I felt confident that I was in capable hands. Justin and his team kept me updated on the progress of the case every step of the way. He handled this case with sensitivity and tact. Overall, I am extremely satisfied with the services provided by Wyatt Injury Law Personal Injury Lawyers firm. They demonstrated exceptional communication skills and were able to effectively represent my needs and concerns throughout the process. I would highly recommend their services to anyone in need of legal assistance. Thank you for your outstanding service Justin!

- Edward Appiah Boateng

Tempe Wrongful Death Lawyer