Injured? Request a Free Case Review – Talk to an Attorney Now!

Arizona Local Accident Resources

Free Case Review

Charities That Local Accident Reports Supports

Arizona Local Accident Resources

Was Your Family Member Involved in a Fatal Traffic Accident in Arizona Today?

If someone you love has been taken from you too soon due to a motor vehicle accident, you are likely feeling overwhelming emotions. You may be wondering what options you have and what resources are available as you begin to navigate the aftermath of losing a loved one in a terrible accident. There are many avenues to explore during this challenging time, including financial resources, counseling, and seeking legal representation, particularly if you believe someone else’s negligence caused your loved one’s death.                                                                                                                                                                               

On this page, we will cover a wide range of resources available to those who have been through the traumatic experience of losing someone they love in a terrible accident. You may be facing unexpected financial challenges, particularly if the person who died was someone you depended on for income. You may also be facing emotional challenges and are in need of counseling or other mental healthcare.

A wrongful death settlement is usually the best way for families to seek financial compensation for the loss of their loved one when it was in a car wreck likely caused by someone else. If you believe that the crash that took your loved one’s life may have been preventable and was caused by the actions of a negligent driver, you have the right to file a wrongful death claim with the help of a seasoned personal injury lawyer.

Not only will it help you get the financial resources you need for your family, but it may provide some measure of justice and closure so you can begin the journey toward healing. Continue reading to find information about filing a wrongful death lawsuit in the state of Arizona.

Call a lawyer
How Does Arizona Define Wrongful Death?

Wrongful death is defined in Arizona as any fatality that is caused by a wrongful act, neglect, or default. In other words, a wrongful death occurs when someone loses their life due to the wrongful act of another person, such as an incident based on negligence, as with a car accident.

Although a criminal prosecution may occur in some cases as well, a wrongful death lawsuit is a separate civil action distinct from criminal charges. The two are not mutually exclusive and do not depend on one another to occur. The ‘burden of proof’ is often higher in a criminal case than in a wrongful death lawsuit, meaning that it is usually easier to establish liability in a civil case than it is to establish guilt in a criminal case.

Arizona’s wrongful death statute states that a wrongful death claim must be brought by the surviving parent, child, spouse, guardian, or legally established personal representative of the deceased individual. It also states that as long as the deceased individual could have filed a personal injury claim for financial compensation had they survived, their loved ones are eligible to file a wrongful death claim in the event of their passing.

You can file the claim as soon as your case is ready after the death occurs, and you only have a limited time to do so (more on the time limits below). To successfully bring a wrongful death claim on behalf of your deceased loved one, you must be able to prove four elements, which your attorney will establish using carefully collected evidence. Here are the four elements of establishing liability in any personal injury matter, including wrongful death cases:

1. Breach of Duty

Everyone has a duty of care to act reasonably in order to avoid harming others. In a wrongful death claim, you must prove that the at-fault party, or defendant, owed your loved one a duty of care. Examples of duty of care include:

  • All drivers owe one another a duty to properly adhere to traffic laws and regulations and to remain alert, aware, awake, and sober while behind the wheel.
  • Doctors owe their patients a duty to responsibly care for them without causing them unnecessary harm.
  • A property owner owes building occupants a duty to safely maintain the premises by fixing hazardous conditions that may potentially harm those who live there or their visitors.
  • Product manufacturers owe consumers a duty of care to test their products to make sure they are safe.

In addition to demonstrating the at-fault party held a duty of care, you also need to show that the duty of care was breached. For example, if your family member lost their life in a car crash, your wrongful death claim needs to prove that the other driver breached their duty of care to others on the road by driving while intoxicated, distracted, fatigued, or acting negligently in another manner while behind the wheel.

2. Negligence and Causation

The wrongful death claim must also show the deceased person’s passing was a direct result of that breach of duty. In the case of death due to a car accident, this is often established through the cause of death on the death certificate as well as the police report for the accident. If the defendant, or at-fault person, is found to be at fault for the deceased individual’s passing, they can be held legally liable to pay for any damages suffered by the victim.

3. Listing Damages

The final element that must be considered in a wrongful death claim is the damages suffered by the deceased person and their loved ones. The types of damages that can generally be claimed in a wrongful death lawsuit include any of the following:

  • Medical care costs
  • Funeral/burial costs
  • Hospital bills
  • Loss of income
  • Pain and suffering
  • Emotional turmoil
  • Loss of companionship

In certain cases, you may also be able to collect compensation for punitive damages, which are extra funds in addition to the damages you are owed. They are meant to be a punishment to the defendant for particularly egregious conduct, and help to discourage similar bad behavior in the future by the defendant and the public in general. These are more common in cases involving intoxicated driving. Proving all four of the elements of negligence requires solid evidence. Sometimes, the testimony or reports of expert witnesses can help provide this. An Arizona wrongful death lawyer will be able to tap into the proper experts to build you the strongest case possible. It’s important to note that intention nor maliciousness needs to be present on the part of the defendant in order for you to bring a wrongful death claim successfully.

In order to file a wrongful death claim on behalf of your deceased loved one, you will need to file the appropriate documents with the civil court where the accident occurred. The first document is often a petition or complaint that outlines the facts of the case. You will also file a summons document informing the defendant that they are being sued.

Filing a wrongful death lawsuit is not something you should attempt to do without legal representation. The process is complicated and has many requirements for paperwork and deadlines, requiring the expert guidance of a personal injury lawyer.

The statute of limitations dictates how much time you have to file a lawsuit. In the state of Arizona, you must file a claim within two years of the decedent’s passing. Though two years may sound like a long time right now, it is best to retain legal counsel as soon as possible. Much of the evidence in cases like this is time-sensitive. Your attorney will also need time to gather all of the evidence and prepare your case.

Circumstances sometimes exist that can make your deadline longer or shorter than the usual two years, so it is vital to consult a lawyer with extensive experience as soon as you can after the accident.

Proving wrongful death beyond a reasonable doubt is not necessary. Instead, you must be able to prove that it is more likely than not that your family member’s death was someone else’s fault. This burden of proof is referred to as the “preponderance of evidence.”

With most wrongful death claims, a deceased individual’s family seeks compensation for the losses (personal and financial) resulting from the passing of their loved one. A “survival action” is a distinct legal action in which the personal estate representative of the deceased person seeks financial compensation for specific types of harm resulting from the defendant’s wrongdoing.

Arizona survival actions (which are governed by Ariz. Rev. Stat. § 14-3110) may be utilized to hold the at-fault party responsible for the medical bills of the decedent that were accrued before they passed away, as well as lost income and other losses, beginning from the time the accident happened to until the deceased individual passed away.

The defendant may also be held accountable for the deceased individual’s funeral expenses as part of a survival action in Arizona, but compensation for the decedent’s pain and suffering before they passed away is excluded from these types of cases under Arizona state law.

There are two vital reasons to file a wrongful death claim:

  • A wrongful death claim may provide you and your family with financial compensation that can help you meet your needs without worrying about money in the time following the passing of your loved one.
  • Wrongful death claims hold responsible parties liable for their actions that caused the death of your family member and are also meant to deter the same dangerous behavior in the future.
  • Wrongful death claims allow you to seek further damages than what is allowed under a survival action alone.

Need Help Obtaining a Copy of The Police Report?

To move forward with filing a wrongful death claim, the first step you will need to take is to get a copy of the police report for the accident that caused the fatality. You can contact the Arizona Department of Public Records to make that request if the accident happened on an interstate or state highway. If the accident occurred elsewhere, you will have to contact the law enforcement agency that responded to the accident. If you aren’t sure, try local county or city police departments. Here at Local Accident Reports, we can connect you with an injury attorney who can order a copy of your police report. If you or someone you love was hurt in an Arizona car accident and need a copy of the report, we want to help. Contact us today to get started.

Emotional Support After Losing a Loved One

When you have lost a loved one due to another person’s negligent actions, you are not just facing difficult financial challenges. You are most likely also facing a range of difficult emotions. You deserve compassionate support. We have carefully curated the following list of excellent resources for getting emotional support for what you are going through.

  • Arizona MADD: If your loved one was lost due to a drunk driving incident, Mothers Against Drunk Driving may be able to help. They are an organization that raises awareness about the dangers of drunk or drugged driving. They offer support groups for bereaved family members, allowing you to connect with other people who are going through similar situations. In these groups, you can share your feelings, learn new coping strategies, and feel a little less alone. MADD also has advocates who work directly with families to offer understanding and compassion, and to also offer help in navigating the legal system.
  • Arizona Psychological Association: The AZ Psychological Association is an expert network that will connect you with psychologists who can aid you in dealing with the trauma of losing your family member. Working with a skilled psychologist can go a long way toward learning how to cope with your loss as you attempt to move forward.
  • Depression Treatment Centers: This list of depression treatment centers in Arizona can help you get the care you need during troubling times, especially during the initial grieving period.
  • PTSD Therapists: In the wake of your loss, you may experience a range of emotions and even PTSD. If you experience any troubling symptoms, it is crucial to seek treatment before it escalates. Finding a professional who is well-versed in PTSD is an important part of healing particularly if you were involved in the accident that took your loved one’s life or you are feeling traumatized by the loss.

Financial Hardship Assistance

If you are facing financial difficulties due to the wrongful death of your family member, the best way to fully financially recover is to file a wrongful death claim with a skilled lawyer, as previously mentioned. However, the process of filing a wrongful death lawsuit can take a significant amount of time. In the interim, there are other options to explore that may be able to help, such as:

  • CVRC: If you are the victim of a crime in relation to the accident that took your loved one from you, The Crime Victims’ Reparation Commission can help you collect financial compensation that can help you through the difficult time immediately following the passing of your loved one. You can get help covering crime-related costs and more, such as funeral, burial, and crematory expenses, as well as counseling costs.
  • Life Insurance Policies: Make sure you take the time to find out if your loved one has a life insurance policy and who the beneficiary is.
  • Employer Assistance: Check with your family member’s employer about whether financial support programs are available to you. This could include life insurance benefits, survivor benefits, and more.
  • Social Security Benefits: If your family member had a job, they were likely paying into Social Security every month. As such, you may be able to gather compensation through Social Security survivor benefits from the Social Security Administration. For more information concerning this topic, please see this PDF booklet.
  • Crowdfunding: Starting a GoFundMe or another type of crowdfunding campaign makes it easy to get financial assistance from friends, family, your social media contacts, the local community, and anyone across the globe who wishes to make a donation.
  • Nonprofit Organizations: Some nonprofits and charities may offer financial support to the surviving loved ones of the wrongfully deceased, such as the National Organization for Victim Assistance.
  • Community Assistance Programs: Community organizations, community service programs, or religious institutions may assist families who were victimized by wrongful death. Check with the local churches and other charity agencies in your local community.

Arizona Grief & Trauma Resources

Resources by State

Help is Available

If you are in Arizona and have recently lost someone you love in a fatal car accident that you believe was caused by the actions of a negligent driver, we want you to know that we understand the overwhelming feelings of grief and loss you feel, and we want to help you in any way we can. Contact us now to get started on your journey toward healing. 

Request Your Free Case Review Now

Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

264

Pickup and SUV Occupants

Pickup and SUV Occupants

213

Large Truck Occupants

Large Truck Occupants

18

Motorcyclists

Motorcyclists

163

Pedestrians

Pedestrians

216

Bicyclists

Bicyclists

30

Scroll to Top