Phoenix Wrongful Death Lawyer

Phoenix Wrongful Death Lawyer

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In short: Arizona law lets named family members or a personal representative bring a wrongful death action when a death is caused by a wrongful act, neglect, or default. The two-year clock in A.R.S. § 12-542(2) starts at death, not at the crash. Serving Phoenix from our Tempe office — 222 S Mill Ave Ste 800, Tempe, AZ 85281. There is no Phoenix street address for the firm. Lawrence Ruiz is admitted in Arizona; confirm current status in the State Bar of Arizona member directory. This page does not publish an Arizona bar number. Call (725) 485-3301 or request a callback. There is no attorney fee unless we recover money for your family.

Other Arizona pages are on the Arizona hub. A Nevada death is a different statute set; use the Nevada wrongful death page for that work.

Phoenix deaths in official crash counts

Wrongful death claims are not limited to traffic collisions. When the death did follow a crash, Arizona publishes counts that show the scale of fatal harm in Phoenix without turning those counts into a tally of lawsuits.

The 2024 Arizona Motor Vehicle Crash Facts jurisdiction table lists 278 persons killed in Phoenix, 265 fatal crashes, and 37,472 total crashes. Maricopa County as a whole had 594 persons killed, 560 fatal crashes, and 88,094 crashes. Statewide, ADOT reported 1,228 fatalities in 2024, down 6.12% from 1,308 in 2023 (ADOT news release; method: Crash Facts landing). Those figures count people killed in reported crashes, not wrongful death cases filed.

Mode tables are statewide and county-level, not Phoenix-only. Statewide in 2024, 263 pedestrians, 219 motorcyclists (operators and passengers), and 44 bicyclists were killed. In Maricopa County, 158 pedestrians and 123 motorcyclists were killed.

When Arizona law treats a death as wrongful

A.R.S. § 12-611 is the liability statute:

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

The civil claim does not depend on a criminal conviction. Liability still has to be proved from the facts of the death.

Who may bring the Arizona action

A.R.S. § 12-612(A) names who sues and for whom:

An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.

A.R.S. § 12-612(B) adds that either parent may maintain the action for the death of a child, and that a guardian may maintain the action for the death of the guardian's ward. A.R.S. § 12-612(E) defines "personal representative" to include a person to whom letters testamentary or of administration are granted in this or another state. This page is Arizona law.

When the two-year clock starts

A.R.S. § 12-542 is titled for injury to person, injury when death ensues, and related two-year limitations. Subsection (2) is the death-from-injury clock:

For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

If a person is hurt in Phoenix and dies later, the two years in this subsection run from death, not from the date of the crash. Shorter government deadlines, discussed below, can run on a different schedule.

How recovery is divided — and who is disqualified

A.R.S. § 12-612(C) says the amount recovered is distributed to the parties listed in subsection A in proportion to their damages, and that if recovery is on behalf of the decedent's estate the amount is an asset of the estate. The statute does not publish a fixed percentage for a spouse versus a child.

A.R.S. § 12-612(D) disqualifies certain people who were found guilty, found guilty except insane, or who pled guilty or no contest to specified crimes involving the death, treating them as if they predeceased the decedent for wrongful death recovery. Read the statute for the listed offenses.

Comparative fault still applies after a death

A.R.S. § 12-2505 is Arizona's comparative-negligence rule. It applies to injury or death:

If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.

Contributory negligence and assumption of risk stay jury questions. Arizona does not use Nevada's 51% bar on this page's facts. Insurers may still argue that the person who died shared fault. That argument has to be tested against the evidence, not against a promised outcome.

Government-entity deadlines

When a public entity, public school, or public employee may be involved, Arizona imposes extra steps. A.R.S. § 12-821.01 requires a claim within 180 days after the cause of action accrues, stating a specific amount for which the claim can be settled. A.R.S. § 12-821 then requires the lawsuit against a public entity or public employee within one year. This is a caution, not a diagnosis of any reader's Phoenix case.

Where Phoenix families file

Maricopa County Superior Court hears civil actions of $10,000 or more (excluding interest, costs, and attorney fees). The civil lawsuit guide and civil department describe that split from Justice Court. Packet CVC1 states that civil cases are heard at the downtown Phoenix courthouse even if forms are dropped at another counter, and it lists cover-sheet type 103 Wrongful Death.

The downtown Phoenix courthouse campus is 201 W Jefferson St. That courthouse address is not a Ruiz office (Clerk Central Court Complex). A Tempe crash or a Phoenix crash is still a Maricopa County case.

Phoenix streets the city already flags for fatal harm

The City of Phoenix maps a High Injury Network of killed-or-serious-injury crash density (GIS STR_RoadSafety_2024; 2024 RSAP annual report). Named corridors include Indian School Road, Camelback Road, McDowell Road, Peoria Avenue, and 43rd, 51st, and 67th Avenues. Those names mark KSI density, not Ruiz case results.

Hospitals that may have treated the person who died

Naming a hospital does not imply the hospital caused the death. Phoenix Level I trauma centers on the Arizona Department of Health Services designated list include Banner – University Medical Center Phoenix (1111 E McDowell Rd), St. Joseph's Hospital and Medical Center (350 W Thomas Rd), Valleywise Health Medical Center (2601 E Roosevelt St), and HonorHealth John C. Lincoln Medical Center (250 E Dunlap Ave). If the death is a child's death, Phoenix Children's Hospital (1919 E Thomas Rd) is listed as Level I pediatric. Parents' standing still comes from A.R.S. § 12-612(B), not from which emergency department received the child. The firm does not claim a pediatric-case inventory on this page.

What to preserve, and how to reach the Tempe office

Keep the crash report number, hospital name, and insurance letters. Do not give a recorded statement to an adjuster before you understand the claim. This page does not describe medical-examiner or death-certificate procedure.

Call (725) 485-3301 for a free conversation with The Ruiz Law Firm. If the firm takes the matter, there is no attorney fee unless we recover money for your family.

Arizona office (the only Arizona NAP): 222 S Mill Ave Ste 800, Tempe, AZ 85281. Serving Phoenix from our Tempe office. No Phoenix office. Tempe Google Business Profile verification is pending. Arizona office hours are not listed here.

Frequently Asked Questions

Who can file a wrongful death claim in Arizona?

A.R.S. § 12-612(A) brings the action in the name of the surviving husband or wife, child, parent or guardian, or personal representative, for those survivors or, if none survive, the estate. Either parent may maintain the action for a child's death under § 12-612(B).

When does Arizona's two-year deadline start in a death case?

A.R.S. § 12-542(2) treats the action as accruing at the death of the party injured, not at the date of the crash. Missing that deadline can bar the claim.

Does Arizona comparative negligence apply to wrongful death?

Yes. A.R.S. § 12-2505 reduces damages in proportion to the claimant's fault that proximately caused the injury or death. Contributory negligence is a jury question and does not automatically bar the Arizona action.

What if a city, county, or state employee might be involved in a Phoenix death?

A.R.S. § 12-821.01 generally requires a notice of claim within 180 days, stating a specific settlement amount. A.R.S. § 12-821 then requires suit within one year. That does not mean every Phoenix death is a government claim.

Where is a Phoenix wrongful death lawsuit filed?

Civil injury suits of $10,000 or more go to Maricopa County Superior Court. Hearings are at the downtown Phoenix courthouse, 201 W Jefferson Street. Cover-sheet type 103 is wrongful death. The Ruiz Law Firm's Arizona office is in Tempe, not at that courthouse.

Does The Ruiz Law Firm have a Phoenix office?

No. The Arizona office is 222 S Mill Ave Ste 800, Tempe, AZ 85281. Serving Phoenix from our Tempe office. There is no Phoenix street address for the firm.

Does it cost anything to talk with a Phoenix wrongful death lawyer?

The consultation is free. Wrongful death cases are handled on a contingency fee: no attorney fee unless we recover money for your family. Call (725) 485-3301. There is no Arizona-only phone number on this page.

Talk with a Phoenix wrongful death lawyer

Call (725) 485-3301, request a free consultation, or start from the Arizona hub. We review Phoenix death claims from Tempe.

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