Tempe Wrongful Death Lawyer
Trusted wrongful death lawyers serving families across Tempe and the surrounding area.
If you’ve lost someone because of another party’s negligence in Tempe, AZ, no legal process will undo that loss. What a wrongful death claim can do is hold the responsible party accountable and recover the financial support your family has lost. Our Tempe, AZ wrongful death lawyer at SL Chapman Trial Lawyers has represented grieving families for more than 30 years. We handle these cases with the seriousness and care they require, and we fight to make sure the people responsible face real consequences. Contact us to talk through what happened.
Wrongful Death Lawyer Tempe, AZ
Under Arizona law, when a person dies as a result of a wrongful act, neglect, or default that would have entitled the deceased to sue had they survived, the family has the right to bring a claim against the responsible party. Per A.R.S. § 12-611, the at-fault party’s liability does not disappear because the victim did.
Who can bring a wrongful death action in Arizona? Under A.R.S. § 12-612, the action may be brought by a surviving spouse, child, parent or guardian, or the personal representative of the estate. The damages recovered are distributed among surviving family members in proportion to what each has lost. These cases are filed in civil court, separate from any criminal proceedings that might arise from the same incident. Criminal charges and civil liability are independent of each other, and families sometimes pursue both.
A Tempe wrongful death attorney who understands both the legal framework and the weight of what families are going through brings a different kind of presence to these cases. That’s what we try to offer.
Types of Wrongful Death Cases We Handle in Tempe
Wrongful death claims arise from many different circumstances. What they have in common is that someone is gone who shouldn’t be, and a family is left to deal with the aftermath. Below is a look at the cases we handle in Tempe and the surrounding area.
- Car accidents. Most families we speak with after a fatal crash never imagined they’d be in this situation. A distracted driver, someone who ran a red light, someone who got behind the wheel impaired — these are preventable deaths. When a crash takes a life, the at-fault driver and their insurer are responsible for what’s left behind, and we pursue that accountability fully.
- Truck accidents. Commercial truck crashes are catastrophic in a way that most collisions aren’t, and the fatality rate reflects that. These cases are also legally complex. The trucking company, the driver, and whoever loaded or maintained the vehicle may all share responsibility. Federal regulations governing commercial carriers matter here too, and knowing how to use them is part of building the right case.
- Motorcycle accidents. Riders are among the most vulnerable people on the road, and when a collision is fatal, insurers often look for ways to shift blame onto the motorcyclist. We’ve seen that pattern before, and we know how to counter it. If another driver failed to see your loved one or failed to yield, that driver is accountable.
- Pedestrian accidents. A person on foot has no protection when a vehicle strikes them. These fatalities are tragically common, and in most cases the liability is clear. We move quickly to preserve evidence and document what happened before it’s gone.
- Nursing home neglect. When a family entrusts a loved one to a care facility, they expect basic safety and dignity. Pressure sores that advance to sepsis, untreated falls, medication errors — these are not accidents. They are the result of neglect, and the facilities responsible should face real consequences. We’ve handled these cases and we take them seriously.
- Medical malpractice. When a physician, hospital, or healthcare provider’s negligence costs a patient their life, the family has a right to answers and to compensation. These cases require thorough review of medical records and a clear picture of where the standard of care was breached and how.
- Defective product accidents. A product liability claim can give rise to a wrongful death action when a defective product causes a fatal injury. Vehicle fires, equipment failures, and dangerous drugs have all produced these cases. When a manufacturer’s negligence is the cause, they bear responsibility for the loss.
- Workplace accidents. Losing someone on the job is devastating, and workers’ compensation rarely tells the whole story. When unsafe conditions, third-party negligence, or defective equipment played a role, there may be additional claims available beyond what workers’ comp covers. We identify every responsible party and pursue the full scope of what your family is entitled to recover.
Why Choose SL Chapman Trial Lawyers for Wrongful Death Cases in Tempe, AZ?
Attorneys Who Have Handled These Cases at the Highest Level
Bradley M. Lakin has concentrated his civil litigation practice in personal injury, wrongful death, and complex matters since 1997. He secured a $43.7 million verdict in a product liability and wrongful death case involving a vehicle fire, a result that ranked among the top verdicts nationally that year. The National Trial Lawyers recognized him as a Top 100 Trial Lawyer, and he has received Super Lawyer recognition on multiple occasions. That record didn’t come from settling cases quickly. It came from being ready to try them.
Alan Starker has spent more than 35 years on the plaintiff side, with a track record of seven- and eight-figure verdicts across serious injury and wrongful death matters. Robert W. Schmieder II handles catastrophic personal injury and wrongful death cases involving complex liability questions and high-stakes defendants.
As your personal injury lawyer in Tempe, AZ, we prepare wrongful death cases from the beginning as though a jury will decide them.
A Record in Wrongful Death Cases
Our case results in wrongful death matters include a $9.5 million recovery in a personal injury and wrongful death case, a $5.42 million recovery in a wrongful death involving a police vehicle, a $1.769 million recovery in a wrongful death action, and multiple recoveries for families whose loved ones died in nursing home settings, including a $1.75 million result in a case involving pressure sores and sepsis. We handle these cases on a contingency basis. No upfront fees, and nothing owed unless we recover for your family.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation
Arizona’s wrongful death statute gives the jury broad authority to award damages it finds fair and just. Per A.R.S. § 12-613, damages are determined with reference to the injury resulting from the death to surviving family members. What that means in practice: the law looks at what the family has lost, not just what the deceased suffered.
Recoverable damages in a wrongful death case typically include loss of financial support the deceased would have provided, loss of love, affection, companionship, and guidance, funeral and burial expenses, and in some cases, the pain and suffering the deceased experienced before death. Each category requires documentation and, often, testimony from family members about the nature of their relationship and their loss.
Arizona’s comparative fault rules apply to wrongful death cases as well. Under A.R.S. § 12-2505, the at-fault party’s liability may be reduced if the deceased shared some responsibility for the circumstances that caused the death. Defendants frequently raise this argument. We anticipate it and build our case to address it.
Understanding wrongful death claims before filing helps families make informed decisions about how to proceed. Key points about wrongful death liability:
- The claim belongs to the surviving family, not the estate, though the personal representative may bring the action
- Damages are distributed among surviving family members based on each person’s individual loss
- Both economic and non-economic losses are recoverable
What Makes These Cases Difficult
Wrongful death cases are emotionally demanding and legally involved. Families are grieving while simultaneously being asked to make decisions about evidence, deadlines, and legal strategy. Insurance companies and defendants know this. They move quickly to protect themselves while families are still processing the loss.
In these early stages, your wrongful death attorney will preserve evidence, identify all responsible parties, and make sure the family’s legal rights are protected before deadlines pass. That work happens in the background so families don’t have to manage it themselves.
Important steps after a wrongful death:
- Preserve any evidence related to the incident, including photos, vehicles, products, or records
- Avoid giving statements to the responsible party’s insurance company before speaking with an attorney
- Keep records of all expenses related to the death, including funeral costs and medical bills incurred before death
- Act promptly, because evidence disappears and witnesses’ memories fade
The Case Timeline
Wrongful death cases in Arizona are governed by the same two-year statute of limitations as personal injury cases under A.R.S. § 12-542, running from the date of death. Some claims against government entities may have shorter notice deadlines.
- Investigation. We identify liable parties, gather evidence, and begin building the factual record. In fatal accident cases, this includes accident reconstruction, medical records review, and witness interviews.
- Demand and negotiation. Once liability and damages are established, we present a demand to the responsible party. Many wrongful death cases resolve at this stage, though we do not accept offers that fail to account for the family’s full loss.
- Litigation. When insurers refuse a fair resolution, we file suit. What to expect when pursuing a wrongful death claim through litigation is something we walk families through at every stage.
- Resolution. Whether by settlement or verdict, our goal is an outcome that genuinely reflects what this family has lost.
What to Bring to Your Consultation
Families often don’t know where to start. Bring whatever you have:
- Any accident reports, police reports, or records related to the incident
- Medical records from the deceased’s final treatment, if available
- Documentation of expenses incurred, including funeral costs
- Any insurance correspondence already received
- Information about witnesses or others who may have seen what happened
You don’t need to have everything organized. We’ll help you identify what matters and what comes next.
What Are Important Arizona Legal Resources for Wrongful Death Cases?
Arizona law provides a specific framework for wrongful death claims, and understanding it helps families know what to expect. Below are resources for the legal landscape that applies.
- Arizona’s wrongful death liability statute is codified at A.R.S. § 12-611, available through the Arizona Legislature’s official website.
- Who may bring a wrongful death action in Arizona is governed by A.R.S. § 12-612, which outlines the rights of surviving spouses, children, parents, and estate representatives.
- Arizona’s two-year statute of limitations for wrongful death claims is codified at A.R.S. § 12-542.
- The CDC Injury Center tracks national data on injury-related deaths, their causes, and their public health impact.
- The City of Tempe maintains local government records and public safety information relevant to incidents occurring within city limits.
Reach Out to SL Chapman Trial Lawyers to Schedule a Consultation
If your family has lost someone due to another party’s negligence in Tempe, we’re ready to listen and to help you understand your options. There are no upfront fees. We handle wrongful death cases on a contingency basis, and you owe us nothing unless we recover compensation for your family. Contact us to get started. These cases move on deadlines, and taking action early protects what your family is entitled to pursue.
