Wrongful Death Lawyer in Peoria, AZ

Losing a loved one due to someone else’s negligence is one of life’s most devastating experiences. If a fatal accident occurred in Peoria, Arizona, you deserve compassionate and experienced legal representation. At Folger Law Firm, our Peoria wrongful death attorneys help grieving families understand their rights under Arizona law and pursue compensation for losses caused by another’s wrongful conduct. Contact us today for a free consultation.

wrongful death claims

UNDERSTANDING WRONGFUL DEATH CLAIMS IN ARIZONA

A wrongful death claim is a civil action brought when an individual dies due to the negligent or intentional actions of another person or entity. These claims are separate from criminal proceedings and allow surviving family members to seek financial recovery for their losses.

In Arizona, wrongful death claims are governed by Arizona Revised Statutes § 12‑611 through § 12‑613. These laws allow the decedent’s surviving spouse, children, parents, or personal representative to file a claim on behalf of the estate.

To establish a wrongful death claim in Arizona, the following elements must be shown:

  • A duty of care owed by the responsible party
  • A breach of that duty
  • Causation connecting the breach to the fatal injury
  • Damages suffered by surviving family members

The legal standard for negligence under wrongful death mirrors that of personal injury claims and operates under Arizona’s modified comparative negligence rule. If a deceased person is found partly at fault for the incident, the total recovery may be reduced proportionate to their percentage of fault — provided that fault is not more than 50%.

COMMON CAUSES OF WRONGFUL DEATH IN PEORIA

Wrongful death claims can arise from various tragic circumstances. Some of the most common causes include:

Motor Vehicle and Truck Accidents

Crashes involving cars, trucks, and motorcycles frequently result in fatal injuries.

Pedestrian and Bicycle Collisions

When drivers fail to yield or drive negligently, pedestrians and cyclists are at high risk.

Workplace Fatalities

Construction sites and industrial settings can lead to fatal accidents when safety protocols are ignored.

Premises Liability Incidents

Fatal falls, drownings, or other accidents caused by unsafe property conditions.

Medical Malpractice

Loss of life due to misdiagnosis, surgical errors, or delayed treatment.

Defective Products or Equipment

Fatalities caused by dangerous or malfunctioning consumer products.

dentifying the cause of your loved one’s death is essential in establishing liability and ensuring all responsible parties are held accountable.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN ARIZONA?

Under Arizona law, the following individuals or representatives may file a wrongful death action:

  • Surviving spouse
  • Children of the deceased
  • Parents of the deceased (if no surviving children)
  • Personal representative of the deceased’s estate

Claims must be filed within the applicable statute of limitations, typically two years from the date of death (Arizona Revised Statutes § 12‑542). Failing to file within this time frame may bar recovery.

wrongful death claims

POTENTIAL COMPENSATION IN WRONGFUL DEATH CLAIMS

Wrongful death claims in Arizona allow families to seek compensation for a range of losses, including:

Economic Damages

  • Funeral and burial expenses
  • Medical and hospital costs prior to death
  • Loss of financial support from the deceased
  • Loss of benefits or inheritance

Non‑Economic Damages

  • Loss of companionship and guidance
  • Emotional pain and suffering
  • Mental anguish of surviving family members

While statutes do not permit recovery for punitive damages in all wrongful death cases, they may be available in limited instances involving egregious misconduct.

Accurately valuing a wrongful death claim requires careful analysis of financial data, life expectancy, and the emotional impact on survivors. Our attorneys consult experts when necessary to ensure your family’s claim fully reflects your losses.

HOW FOLGER LAW FIRM SUPPORTS YOU THROUGH THIS PROCESS

At Folger Law Firm, we provide personalized attention to every wrongful death case. We understand the emotional toll these tragedies bring, and we approach each claim with compassion and rigor.

Our team will:

Explain your legal rights and options

Build a tailored legal strategy

Communicate with all parties involved

Protect your family’s interests throughout the claim

We pursue accountability and compensation on behalf of those who can no longer speak for themselves.

CONTACT FOLGER LAW FIRM FOR YOUR FREE CONSULTATION

Dealing with the loss of a loved one is never easy, especially when it could have been prevented. Our Peoria wrongful death attorneys work on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.

Call (602) 774‑0033 or contact us online to schedule your free, no‑obligation consultation. Let us help you pursue justice and financial recovery during this difficult time.