Wrongful Death in Arizona: When the Law Must Speak for the Ones Who Can’t

No one ever expects to be planning a funeral instead of a future. No one imagines going from a normal day to a phone call that changes everything. And no one is prepared for the legal chaos that can follow when a loved one is taken too soon — not just unexpectedly, but wrongfully.

If you’ve lost a family member because of someone else’s negligence, carelessness, or reckless choices, you are not just grieving — you’re entitled to justice. And at Murphy Schmitt Hathaway, we bring over 40 years of litigation experience to help families like yours navigate Arizona’s complex wrongful death laws with strength, clarity, and resolve. This isn’t about vengeance. It’s about accountability — and protecting the legacy of the person you lost.


What Counts as a Wrongful Death in Arizona?

Arizona law defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or entity — the kind of situation where the victim would have had the right to file a personal injury lawsuit had they survived.

That includes cases like:

  • Auto accidents (including motorcycle, pedestrian, bicycle, or truck collisions)
  • Workplace accidents
  • Construction site fatalities
  • Slip and fall incidents on unsafe premises
  • Criminal acts (including drunk driving or assault-related deaths)

If your loved one’s death was preventable — and happened because someone didn’t do what they were supposed to — a wrongful death claim may be the most powerful tool you have to demand justice.


It’s More Complicated Than You Think: Statutory Beneficiaries & Estate Involvement

In Arizona, not just anyone can file a wrongful death claim. The law strictly limits who qualifies as a statutory beneficiary, and that’s where things can get messy fast.


Eligible parties include:

  • The surviving spouse
  • Children of the deceased
  • Parents of the deceased
  • In some cases, the personal representative of the estate (on behalf of the above)

Here’s the kicker: multiple beneficiaries can be involved in the same claim — and they don’t always agree. Add in disputes over who manages the estate, whether the deceased had a will, and how damages should be distributed, and you’ve got a case that demands serious legal guidance.

That’s where our experience comes in.


At Murphy Schmitt Hathaway, we know how to:

  • Navigate the probate process
  • Coordinate multiple family members or estate representatives
  • Handle high-conflict cases with diplomacy and strength
  • Ensure every legal deadline is met and every claim is properly filed

We’re not just here to file paperwork — we’re here to protect the rights and dignity of the entire family while building a case that holds the responsible party accountable.

What Damages Can Be Recovered?

A wrongful death claim in Arizona can seek compensation for a range of losses — both economic and emotional. Depending on your relationship to the deceased and your role in the case, you may be able to recover:

  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Loss of the deceased’s income and benefits
  • Loss of companionship, love, guidance, or consortium
  • Pain and suffering endured by the family
  • Pain and suffering experienced by the deceased (via a survival action filed by the estate)

These aren’t just numbers — they represent lives interrupted, relationships lost, and futures forever changed.


Why You Need a Law Firm That Knows How to Handle These Cases

Wrongful death claims are high-stakes. The defense will fight hard. Insurance companies will push back on every dollar. And the legal terrain is steep — especially when grief is clouding the path forward.

You need a firm with:

  • Decades of courtroom experience
  • A proven track record with complex, multi-party litigation
  • Deep understanding of Arizona wrongful death statutes and probate law
  • The ability to advocate fiercely while treating your family with compassion and care

That’s what you get with Murphy Schmitt Hathaway.


You Grieve. We’ll Handle the Fight.

We can’t undo what happened. But we can stand beside you, guide you, and make sure your loved one’s story doesn’t end with silence.


Let us help you carry the legal burden — so you can focus on healing.