Gilbert Wrongful Death Lawyer
Arizona’s wrongful death statute (ARS 12-611) gives surviving families the right to hold the responsible party accountable. We work at the family’s pace.
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Arizona’s Wrongful Death Statute
ARS 12-611 gives surviving family members the right to seek compensation when a person dies as a result of another party’s wrongful act, neglect, or default. The claim belongs to the survivors, and the damages under ARS 12-613 are designed to compensate the family for what they have actually lost.
Who Can File Under ARS 12-612
- Surviving spouse
- Children (including adult children)
- Parents
- Guardian, if no surviving spouse, children, or parents
- Personal representative of the estate if none of the above survive
Why Wrongful Death Cases in Gilbert Need a Local Lawyer
The Loop 202 (Santan Freeway) through Gilbert carries both commuter and commercial freight volume at highway speeds, and interchanges at Val Vista Drive, Higley Road, and Williams Field Road are high-collision points. Val Vista Drive is one of Gilbert’s primary north-south surface connectors and has documented left-turn conflict patterns at major signalized intersections. Gilbert’s rapid growth — it was among the fastest-growing cities in the US for over a decade — has placed new residential density at intersections and on corridors that were not designed for current traffic volumes.
Major trauma cases route to Banner Gateway Medical Center (1900 N Higley Rd, Gilbert) or Mercy Gilbert Medical Center (3555 S Val Vista Dr). Gilbert PD handles in-city incidents; MCSO covers unincorporated areas. Civil wrongful death claims file in Maricopa County Superior Court. If a government vehicle or employee was involved, ARS 12-821.01’s 180-day notice requirement runs from the date of death.
Key Arizona Statutes
- ARS 12-611 — When a wrongful death action lies
- ARS 12-612 — Who has standing to bring the claim
- ARS 12-613 — Damages available to surviving family members
- ARS 12-542 — 2-year statute of limitations
- ARS 12-821.01 — 180-day notice of claim when a government entity is involved
Damages Under ARS 12-613
- Loss of love, companionship, affection, and guidance
- Loss of the financial support the deceased would have provided over their working life
- Loss of household services
- The deceased’s own pain and suffering prior to death, if applicable
- Funeral and burial expenses
We Work at the Family’s Pace
Wrongful death cases require care that other personal injury cases do not. We do not push families toward quick settlements. We provide a direct contact, regular updates, and honest assessments at every stage. You will always know where your case stands.
Our Fee Structure
Contingency fee. No fee unless we recover compensation for your family. No upfront costs.
Related Pages
- Gilbert Personal Injury Lawyer
- Gilbert Car Accident Lawyer
- Gilbert Truck Accident Lawyer
- Arizona Wrongful Death Overview
Frequently Asked Questions
Who can file a wrongful death claim in Arizona?
Under ARS 12-612: the surviving spouse, children, or parents of the deceased. If none of those survive, the personal representative of the estate may bring the action. Contact us to confirm who has standing in your specific situation.
How long do we have to file?
2 years from the date of death under ARS 12-542. If a government vehicle or employee was involved, ARS 12-821.01 requires a 180-day notice of claim served on the government entity before a lawsuit can proceed — that window starts running immediately.
What damages can a wrongful death claim recover?
Under ARS 12-613: loss of love, companionship, and guidance; loss of financial support the deceased would have provided; loss of household services; the deceased’s pre-death pain and suffering if applicable; and funeral and burial expenses.
Do we have to go to trial?
Most wrongful death cases resolve through settlement. We prepare every case for trial from day one — that preparation is what produces better settlement outcomes. You will always know where your case stands.
Ready to Talk?
Free consultation. No fee unless we win. Speak directly with Josh Wood.