Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Although Phoenix is the fifth-most populous city in the United States with a thriving economy with millions of residents. Unfortunately, with size comes danger.
Every year, hundreds of Phoenix residents die in preventable accidents due to other people’s negligence. If that tragic situation happened to your loved one, this guide to the best wrongful death lawyers in Phoenix helps you find an attorney during this time of crisis.
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Best Wrongful Death Attorneys in Phoenix
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Filing a Wrongful Death Lawsuit in Arizona
Filing a wrongful death lawsuit can be intimidating. Mourning family members must navigate complicated civil law processes to prove that they are owed damages because another party’s negligence resulted in the death of their loved one.
The plaintiff in a wrongful death lawsuit must present evidence that shows that another party (the defendant) carelessly caused their loved one’s death. If they successfully do that, the court awards them compensation for losses resulting from that death.
While the process may seem simple, the laws regarding wrongful death lawsuits in Arizona are complicated enough that claimants should not try to handle these cases alone, especially when they are in mourning. Instead, they can work with experienced wrongful death lawyers in Phoenix.
Arizona Statute of Limitations for Wrongful Death Cases
When a claimant pursues a wrongful death lawsuit, they present evidence that the defendant was liable for the death of their loved one. Similarly, the defendant presents evidence that they weren’t liable.
Unfortunately, evidence begins to deteriorate over time. Witnesses forget what they saw, records get misplaced and physical evidence gets lost or destroyed. This means that the defendant may find it increasingly difficult to present a strong defense as time passes.
Arizona recognizes this problem and accounts for it by limiting the time that a claimant can file a lawsuit. This law is called the statute of limitations.
The statute of limitations for wrongful death cases in Arizona is two years from the date the death occurred. Notably, this clock doesn’t start until the victim dies. This means that if they were injured in May but didn’t die from that injury until two months later, the statute of limitations would begin in July.
Arizona Wrongful Death Laws
These are some of the more important laws that claimants should be familiar with before contacting wrongful death lawyers in Phoenix.
- The right to file a lawsuit. A claimant has the right to file a wrongful death lawsuit in any situation where the deceased could have filed a personal injury lawsuit if they had survived.
- Who can file a lawsuit? Only specific individuals can file a wrongful death lawsuit in Arizona. The claimant must be the spouse, child or parent (or other guardian) of the deceased. Additionally, the personal representative of the deceased’s estate can file a lawsuit on behalf of one of the above individuals.
- Economic damages. Arizona allows claimants to recover financial losses resulting from the death. The most common economic damages are funeral costs and the value of the deceased’s lost wages.
- Non-economic damages. Claimants can also ask for monetary compensation for the emotional pain they suffered and the loss of companionship.
- Damage caps. Unlike some states, Arizona does not place caps on either economic or non-economic damages.
Wrongful Death Settlement Considerations
When litigants file wrongful death lawsuits, very few cases result in a jury verdict. Most Phoenix wrongful death lawyers negotiate a settlement before the case goes before a judge or jury.
Does the result change if a case ends in a settlement instead of a verdict? Legally, there is little difference. The dispute is resolved, and one side is obligated (contractually rather than by court order) to compensate the other side.
Furthermore, Arizona and the federal government treat a settlement as if it were a court order in terms of taxes. This means that the claimant doesn’t have to pay taxes on money recovered from a wrongful death settlement.
The biggest differences between settlements and trial verdicts are time and attorney fees. Typically, a settlement takes months to conclude. In contrast, trials can take years to complete, even if neither side appeals.
Additionally, most Phoenix wrongful death lawyers charge between 25% and 33% of the settlement amount as a fee. However, if the case goes to trial, that percentage usually increases, reaching as high as 40%.
How Can an Attorney Help You?
Wrongful death lawyers in Phoenix offer significant benefits to their clients. Typically, clients who are represented by wrongful death lawyers in Phoenix recover more compensation than those who are not.
Even if a case never goes to trial, it is unlikely to reach a favorable settlement if the plaintiff does not know how to follow proper legal procedures. Phoenix wrongful death lawyers understand how to navigate the legal process. They know where and when to file paperwork with the court and understand what type of evidence is most valuable in a wrongful death case.
Additionally, the best wrongful death lawyers in Phoenix have years or decades of experience with civil litigation in Arizona. They make contacts at insurance companies and understand how they operate. This experience translates to negotiations that take less time and often result in higher compensation.
How to Find the Best Wrongful Death Lawyer in Phoenix, Arizona
If you are looking for the best wrongful death lawyer in Phoenix, this list helps you find the attorney who is the best fit for you. When reading the list, consider the following factors before choosing an attorney for your case.
- Practice locales. While every lawyer on this list practices in Arizona, some also practice in nearby states, in tribal courts and in federal courts. This could matter for your case.
- Mediation. Some lawyers prefer to use their courtroom skills to win trial verdicts. Other lawyers focus on mediation and negotiation. A lawyer skilled in mediation is probably preferable if you want the case to end quickly.
- Compassion. Take advantage of a free consultation to talk to a potential lawyer and find out whether they provide the emotional support you need.
Methodology
To come up with the best wrongful death lawyers in Phoenix of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the difference between a wrongful death lawsuit and a survival action?
A survival action is another type of lawsuit you can file after a wrongful death. This action allows the estate of the deceased to get compensation for medical bills incurred due to an injury that eventually resulted in a wrongful death. The estate of the victim files a survival action to recover money the deceased spent on those medical fees, lost wages and other losses, effectively returning that value to the estate.
Can an underage child file a wrongful death lawsuit?
The guardian of an underage child can file a wrongful death lawsuit on their behalf. The money goes to a fund that the guardian can spend on behalf of the child. When the child reaches the age of majority, they gain control of those funds.
Do I need to file a wrongful death lawsuit if the defendant has been convicted of the death of my loved one?
Yes. Civil law and criminal law are different. The court will not automatically award you damages if someone was found criminally responsible for the death of your loved one. You still need to file a civil lawsuit.
