Phoenix Wrongful Death Lawyer

Why families in Phoenix call Hirsch Talcott

Losing someone to another person's carelessness is not a legal problem first — it is a grief problem with a legal deadline attached. Our job is to carry the legal weight while you carry everything else. Hirsch Talcott has recovered more than $100 million for Arizona injury clients across 10,000+ cases, and wrongful death claims are among the most consequential work we do.

• No fee unless we win. Wrongful death cases are handled on contingency — 25% of the recovery if the case settles before a lawsuit is filed, 30% if litigation is required. You never pay out of pocket.
• A Certified Specialist on your case. Jack Hirsch is a State Bar of Arizona Certified Specialist in Injury and Wrongful Death Litigation, practicing since 1988.
• We come to you. Phone, video, or in person at 1212 E Osborn Rd in central Phoenix — and we answer 24/7.

Who can file a wrongful death claim in Arizona?

Arizona law limits who may bring a wrongful death lawsuit. Under A.R.S. § 12-612, the claim may be filed by the surviving spouse, a surviving child, a surviving parent or guardian, or the personal representative of the estate on behalf of those family members. Siblings, grandparents, and unmarried partners cannot file under the statute, no matter how close the relationship was.

One lawsuit covers everyone. Arizona requires a single wrongful death action for all statutory beneficiaries, and the jury or settlement allocates the recovery among them. When family members disagree about the case, that allocation — not liability — is usually where the friction lives, and an experienced wrongful death attorney manages it before it damages the claim.

What compensation can a wrongful death lawsuit recover?

Under A.R.S. § 12-613, a jury awards the damages it finds "fair and just" for the survivors' loss. In practice, Phoenix wrongful death recoveries are built from:

• Lost income and benefits the person would have provided over a working lifetime
• Loss of companionship, care, and guidance — for a spouse, children, and parents
• The survivors' own pain, grief, and anguish, which Arizona expressly allows
• Funeral and burial expenses
• Medical bills from the final injury, recovered through a companion estate claim
• Punitive damages, in cases of drunk driving or conduct done with conscious disregard for life

Arizona is one of the strongest states in the country for these cases because its constitution prohibits caps on personal injury and wrongful death damages (Ariz. Const. art. 2, § 31). There is no statutory ceiling on what a jury can award a Phoenix family.

Wrongful death claim vs. survival claim — what's the difference?

A wrongful death claim compensates the family for its loss; a survival claim continues the legal rights the person themselves held at death. Most serious cases in Arizona involve both, filed together.

Question	Wrongful death claim	Survival claim
Who it compensates	Spouse, children, parents (A.R.S. § 12-612)	The estate (A.R.S. § 14-3110)
Core damages	Lost support, companionship, survivors' grief	Medical bills and lost earnings before death
Pain and suffering	The survivors' own anguish — recoverable	The decedent's pain — not recoverable in Arizona
Who files	A statutory beneficiary or personal representative	The personal representative

How long do you have to file a wrongful death lawsuit in Arizona?

Two years from the date of death, under A.R.S. § 12-542. Two shorter clocks can override it: if a city, county, or state entity is involved — a public bus, a government vehicle, a dangerous public road — a notice of claim must be served within 180 days under A.R.S. § 12-821.01, and the lawsuit filed within one year. Evidence also decays much faster than the statute runs: vehicle event-data recorders get overwritten, surveillance loops erase, and witnesses move. The practical deadline is weeks, not years.

How our Phoenix wrongful death process works

1. Free, unhurried consultation. We listen, explain who qualifies under § 12-612, and give you an honest read on the case — by phone, video, or at our office.
2. Investigation and preservation. We send spoliation letters, secure the police report and event-data recorder, retain accident reconstruction experts, and identify every insurance policy in play.
3. The demand and negotiation. We build the damages case — economists for lost earnings, testimony for the human loss — and present insurers a demand they have to take seriously.
4. Settlement or trial. 99% of our cases resolve by settlement or verdict in our clients' favor. If the insurer won't be fair, we file and try the case.

What does a Phoenix wrongful death lawyer cost?

Nothing up front, ever. Hirsch Talcott handles wrongful death claims on a contingency fee: 25% of the recovery if the case resolves before a lawsuit is filed, 30% if litigation is necessary — among the lowest published rates in Phoenix, where 33% to 40% is typical. Case costs are advanced by the firm, and if there is no recovery, you owe no fee. The math is on our fees page, and explained in plain English in how much do car accident lawyers charge?

Where fatal crashes happen in the Valley

Most of the wrongful death cases we see start on the roads: I-10 and I-17, the Loop 101 and Loop 202, and high-speed arterials like Bell Road, Indian School, and McDowell. The Arizona Department of Transportation publishes the yearly toll in its Crash Facts report. We handle fatal accident cases across Maricopa County — including Scottsdale, Mesa, and Tempe — and our personal injury practice covers every kind of fatal incident: car, truck, and pedestrian accidents, workplace incidents, and dangerous premises.

Frequently asked questions

How much is a wrongful death case worth in Arizona?

There is no formula and no cap. Value turns on the lost earnings over a working lifetime, the survivors' relationship with the person, the strength of the liability evidence, and the insurance and assets available to pay. Cases range from policy-limits settlements to eight-figure verdicts. A lawyer's honest job is to identify every source of recovery before naming a number.

How long does a wrongful death settlement take in Arizona?

Straightforward cases with clear liability often resolve in six to twelve months. Cases requiring litigation — disputed fault, multiple defendants, or a government entity — commonly run one to three years. Settling early is always possible; settling before the full value is known is the mistake families most often regret.

Can you sue for a fatal accident caused by a drunk driver?

Yes — and drunk-driving deaths often support punitive damages on top of compensatory ones, plus a possible dram shop claim against a bar or restaurant that over-served the driver. The criminal DUI case proceeds separately and does not compensate the family; the civil wrongful death claim does.

Is a wrongful death settlement taxable?

Compensatory wrongful death recoveries are generally not taxable income under federal law (IRC § 104), including the portions for lost support and the family's grief. Punitive damages and interest are taxable. We coordinate with tax professionals before any settlement is structured so there are no surprises.

What if my family member was partly at fault?

Arizona follows pure comparative negligence (A.R.S. § 12-2505): the recovery is reduced by the decedent's share of fault but is not barred. A family whose loved one was found 30% at fault still recovers 70% of the damages. Insurers routinely overstate fault for exactly this reason — it is an argument, not a verdict.

Do I need a personal representative before we can start?

Not to start — a surviving spouse, child, or parent can bring the wrongful death claim directly. A personal representative is needed for the companion estate claim, and we handle that appointment as part of the case when it adds value.