Can Families Sue for Fatal Car Accidents in Arizona?

Each year, thousands of Arizonans are lost in fatal car crashes. For surviving families, the grief and unexpected financial burdens caused by these losses are often overwhelming. An experienced attorney can explore your rights and provide support in the aftermath of a car accident wrongful death.

In Arizona, families are permitted to pursue compensation for their damages, both economic and non-economic, through a wrongful death claim. However, recovering compensation requires that another party, typically another driver on the road, acted in a careless or negligent way, directly causing the accident and loss of life.

Insurers will generally do their best to deny liability and avoid paying large amounts of compensation. The Phoenix car accident lawyers at Burg Simpson can review the details of your claim and help protect your rights.

To discuss your situation with the experienced car accident and wrongful death lawyers at Burg Simpson, call us today at 602-777-7000 to schedule your FREE and confidential case evaluation. We serve clients throughout Phoenix and all of Arizona.

What Is a Wrongful Death Claim?

When someone’s death is caused by a wrongful or negligent act by another party, surviving family members can file a wrongful death claim to pursue compensation for damages. In many ways, it is similar to a personal injury claim, though the damages you can recover and the nuances of relevant laws are important to understand.

Car accidents are one of the leading causes of wrongful death. A recent report found that Arizona traffic fatalities have increased 62% in the last decade, highlighting just how pervasive fatal accidents are in our state.

In 2024 alone, 594 people were killed in traffic accidents in Maricopa County. This is especially a problem in the fall months, with crashes in Maricopa County increasing significantly in October.

Read More: Car Accidents Rise in Maricopa County in October

Who Can File a Car Accident Wrongful Death Claim in Arizona?

In Arizona, a wrongful death action can only be brought by the following individuals:

• The surviving spouse
• Children of the decedent
• Parents or guardians
• The personal representative of the deceased
  • A claim filed by the personal representative must be brought for the exclusive benefit of the family members above.
  • If the decedent passed away without a spouse, children, or parents, the claim can be brought on behalf of the estate.

Only one wrongful death lawsuit can be filed. If the claim succeeds, compensation must be distributed to the survivors “in proportion to their damages” (see Arizona Revised Statutes § 12-612).

What Damages Can Families Recover After a Fatal Car Accident?

Recoverable damages for a car accident wrongful death broadly fall into two categories: economic and non-economic damages.

Economic damages cover financial losses, such as:

• Funeral expenses
• Lost wages
• Loss of household services
• Out-of-pocket expenses
• Medical expenses incurred before the victim’s death

Non-economic damages cover the emotional and psychological impact of the loss, including:

• Loss of love
• Loss of companionship
• Loss of guidance
• Pain and suffering experienced by the deceased
• And more

It is critical to fully calculate all potential damages while building your claim to ensure you recover the maximum compensation you deserve for your losses. Too often, surviving family members do not fully understand their rights and accept far less compensation from insurers than they deserve.

In Arizona, there is no cap on damages for wrongful death claims. This means you can make a claim for the totality of losses you and your loved ones have experienced.

How Long Do You Have to File a Car Accident Wrongful Death Claim in Arizona?

Arizona Revised Statutes § 12-542 sets the time limit for injury claims at 2 years. If death ensues as a result of the injuries, a claim must be brought within 2 years of the death of the injured party.

While 2 years may seem like plenty of time, it is important to recognize all of the work that goes into preparing an effective claim. It may take several months to investigate the accident, negotiate with insurance companies, and (if necessary) file a lawsuit. Waiting until the deadline is close may compromise your attorney’s ability to build a strong case.

Further, delays in pursuing compensation can also make it more difficult to gather critical evidence and find witnesses who saw the accident take place. This is why consulting with an experienced wrongful death attorney as soon as possible is generally recommended.

How Can an Attorney Help Your Family Get Justice?

A wrongful death lawyer’s work after a fatal car accident encompasses many different skills and capabilities. These include:

• Conducting an investigation, including gathering evidence and interviewing witnesses
• Handling communications with the insurance company to protect your rights
• Calculating damages to ensure you pursue the appropriate amount of compensation
• Working with experts, such as accident reconstructionists, medical professionals, and mechanics, to build a strong case
• Negotiating with the insurance company to try to reach a fair settlement offer
• Filing a lawsuit and representing your family in court if the insurer refuses to pay the compensation you deserve

By hiring a car accident wrongful death lawyer, you and your family can focus on grieving and healing. Meanwhile, your attorney can act as your advocate and pursue the justice you deserve for your losses.

Contact Burg Simpson Today to Schedule a FREE Case Evaluation

At Burg Simson, we know how difficult it can be to recover from the loss of a loved one. It can be the hardest thing you experience in your life.

At the same time, after all of our work advocating for surviving family members, we know how critical it is to protect your rights and ensure you find justice. This is why we always offer FREE case reviews and only charge our clients if and when we recover compensation.

If you have lost a loved one in a car accident, contact Burg Simpson today to get started. Our lawyers represent families in Phoenix, Tucson, Sedona, and throughout Arizona.