Phoenix Wrongful Death Lawyer

Hear from a family who faced a serious injury and big medical bills.

Play client family video: 0:28 · Captions

Real Kent Law client family, who gave written permission. Past results do not guarantee a similar outcome.

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Read the transcript

Client's daughter: My mom was injured, she broke her tibia and fibula. It was even discussed that she might have to get her leg amputated. But not just that, if it got worse it could end up in death. The medical bills were extremely outrageous. If we had not hired Kent Law for my mother's case, I honestly don't know what would have been.

Past results do not guarantee a similar outcome.

We are so sorry for your loss. If someone you love died in a crash or another accident caused by someone else's carelessness, this page is for you. It explains how a Phoenix wrongful death lawyer can help your family, who can bring a claim under Arizona law, what the claim can cover, and what to do first. It also covers fatal car crashes. Arizona sets deadlines for these claims, so it helps to get answers early, when you are ready. When you want to talk, call Kent Law at (480) 359-KENT for a free case review. We usually meet at our office. If you can't get here, we can come to your home or to the hospital, or meet by phone or video.

What to do after a fatal accident in Phoenix

Take these one at a time, and only when you're able. If you hire us, we can handle most of them for your family.

1. Take care of your family first. Lean on the people around you. Rest, eat, and make the decisions that can't wait. Nothing below matters more than that.
2. Get the police report number and the investigating agency. Phoenix Police investigate crashes on city streets. Arizona DPS investigates crashes on state highways and freeways. Write down the report number, the agency, and the officer's name if you have it. We use that information to request the full report.
3. Keep bills, receipts, and records. Put medical bills, funeral and burial bills, and receipts in one folder. Keep any letters from insurance companies too.
4. Save photos, messages, and witness names. Keep photos of the scene and the vehicles. Save texts or voicemails about the crash. Write down the names and phone numbers of anyone who saw what happened. Don't delete anything, even if it is painful to look at.
5. Don't sign releases or accept a quick settlement check. An insurer may reach out fast with paperwork or a check. Signing a release can end your family's claim before anyone knows what the loss is truly worth.
6. Call us before giving a recorded statement to any insurer, including your own. The at-fault driver's insurer is not on your side. Your own policy may require you to cooperate with your insurer. We can explain how to do that.
7. Let us come to you if you need that. We usually meet at our office, but we can come to your home or talk with your family by phone or video. You don't have to drive anywhere to get answers.

Arizona laws that affect your claim

What a wrongful death claim is

Arizona law allows a wrongful death claim when a death is caused by a wrongful act, neglect, or default that would have let the person sue if they had lived. In that case, the responsible person or company can be held liable (A.R.S. § 12-611). Put simply: if your loved one could have brought an injury claim had they survived, the family may bring a claim for their death.

Who may bring the claim

The claim is brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the estate. It is brought on behalf of the surviving spouse, children, or parents. If none of them survive, it is brought on behalf of the estate. Either parent may bring the claim for the death of a child. Any recovery is divided among those family members in proportion to their damages (A.R.S. § 12-612).

What the jury may award

The jury awards the damages it finds fair and just for the survivors' losses. It can consider mitigating or aggravating circumstances (A.R.S. § 12-613). We explain the kinds of losses in the damages section below.

The criminal case is separate

If the death involved a crime, such as a crash caused by a drunk driver, the state handles the criminal case. That case is separate from your family's civil claim. Your family doesn't have to wait for the criminal case to end before moving forward. Learn more on our drunk driving accident page.

Insurance is often not enough

Arizona's minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury or death (A.R.S. § 28-4009). When a life is lost, the at-fault driver's coverage often falls far short of what the family has lost. Your family's own uninsured and underinsured motorist coverage may apply. See our page on uninsured and underinsured motorist (UM/UIM) claims.

Deadlines

Generally, a wrongful death lawsuit must be filed within 2 years from the date of death. Arizona law says a death claim accrues at death (A.R.S. § 12-542).

Claims against a government entity or employee move faster. For example, a city bus, a city truck, or a government employee driving on the job may have caused the crash. In that case, a notice of claim is generally required within 180 days (A.R.S. § 12-821.01). The lawsuit generally must be filed within 1 year (A.R.S. § 12-821). Missing a deadline can end a claim, so it helps to call early.

Common types of wrongful death cases

In 2024, 1,228 people were killed in 121,107 crashes across Arizona (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1). Maricopa County had 50.13% of the state's fatal crashes (ADOT, 2024 Arizona Motor Vehicle Crash Facts, p. 13). Alcohol-related crashes were 27.93% of fatal crashes (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1 and Arizona at a Glance). Each number is a person, and a family left behind.

We represent families after:

• Fatal car crashes. Most of the crash cases we handle happen on city streets and at intersections. A driver runs a red light, turns left in front of oncoming traffic, or looks down at a phone. Learn more about our car accident cases.
• Truck crashes. A loaded commercial truck can take a life in an instant. These cases can involve the driver, the trucking company, and more than one insurer. See our truck accident page.
• Pedestrian and bicycle deaths. People on foot or on a bike have no protection when a driver fails to yield or doesn't look.
• Motorcycle crashes. Riders are often blamed unfairly. We look closely at what the other driver did.
• Drunk driving crashes. A driver chose to drink and drive, and your family paid the price. The civil claim holds that driver accountable.
• Other deaths caused by carelessness. One example is a fatal fall on unsafe property that the owner should have fixed.

Evidence and damages

Evidence we gather

When a family can't ask their loved one what happened, the evidence has to speak for them. We work to gather:

• Police and crash reports
• The medical examiner's findings, obtained through the case
• Video of the crash or the scene, when it exists
• Witness statements
• Vehicle data and vehicle damage
• Crash reconstruction experts and other expert witnesses when a case needs them, such as economic experts who explain the financial support your loved one would have provided

Some evidence can be lost or erased over time, so we move to secure it early.

Damages you may be able to recover

No formula can put a value on a life. Arizona leaves it to the jury to award damages it finds fair and just for the family's losses (A.R.S. § 12-613). Depending on the case, those losses may include:

• Loss of love, affection, companionship, care, and guidance
• The family's grief and emotional suffering
• Lost financial support and services the person would have provided
• Medical expenses
• Funeral and burial expenses

The recovery is not subject to your loved one's debts unless the claim is brought on behalf of the estate (A.R.S. § 12-613).

How Kent Law handles wrongful death cases

Your family comes first. To us, a wrongful death case is never just a file. It is someone's parent, child, or partner, and a family trying to get through the hardest days of their lives. We listen first, answer your questions plainly, and move at a pace your family can handle. You decide when you're ready to talk, and you make the key decisions.

While you take care of each other, we take on the work: the insurance calls, the paperwork, the records, and the deadlines. When the insurance company tries to pay less than your family's loss, we stand up to it. We seek accountability and fair compensation for your family, and we keep you informed at every step.

Adam C. Kent started his career as a prosecutor with the Maricopa County Attorney's Office. He has practiced in Arizona since 2006 and founded Kent Law in 2011. Managing Attorney Jonathan Henry has extensive trial experience.

What that means for your family:

• We handle the insurance company so your family can grieve and heal.
• We usually meet at our office. If you can't get here, we come to your home or to the hospital, or talk by phone or video.
• Kent Law recovers millions of dollars for injured clients every year.
• We have handled thousands of injury cases.
• We handle negotiated settlements, mediation, arbitration and trial.
• We take on denied and stalled claims, including cases already at the litigation stage.
• Some insurance adjusters and defense attorneys have hired Kent Law for their own injury cases.

Where a case is filed depends on court rules and the facts, such as where the incident happened and where the parties live. Phoenix-area and East Valley cases are usually filed in Maricopa County Superior Court, and we regularly file in Pima and Pinal counties too.

We have one office, at 4001 E. Mountain Sky Ave., Ste. 105, in the Ahwatukee area of Phoenix. From there, we serve families in Phoenix, Tempe, Chandler, Gilbert, and Mesa. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video.

Past results do not guarantee a similar outcome.

What it costs

We handle wrongful death cases on a contingency fee. No fee unless we win. Your case review is free. If you decide to work with us, we explain the written fee agreement before you sign.

Talk with a Phoenix wrongful death lawyer

You don't have to decide anything on the first call. When your family is ready, we are here. Call Kent Law at (480) 359-KENT to talk with a Phoenix wrongful death lawyer about what happened and what comes next. We usually meet at our office, and if you can't get here, we can come to your home or talk by phone or video. Free case review. No fee unless we win.

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This page is general information, not legal advice. Every case is different.