If You Are Reading This, We Are Sorry
A wrongful death case is different from other personal injury work. The legal mechanics matter, but they happen on the family’s terms. The person making the call is a spouse, a parent, a child trying to process loss while figuring out what to do next. The pace of the work has to account for that.
This page covers the Arizona statutes that govern Scottsdale wrongful death claims, the practice areas that produce most cases, and the practical decisions in the first few weeks.
The Arizona Statutes That Govern Scottsdale Wrongful Death Claims
ARS 12-611 — When the Action May Be Brought
Wrongful death action may be maintained whenever the death is caused by wrongful act, neglect, or default of another that would have entitled the injured person to maintain an action if death had not ensued.
ARS 12-612 — Who Brings the Action
Brought by the surviving spouse, child, parent, or guardian. If none of those exist, by the personal representative of the estate.
ARS 12-613 — Damages
Recoverable damages include loss of love, affection, companionship, care, protection, guidance, and counsel; loss of financial support and contributions; loss of household services; the deceased’s pain and suffering before death (if any); and funeral and burial expenses. Loss of consortium for surviving spouse is a distinct category.
ARS 12-542 — Two-Year SOL
Two years from date of death. Government claims under ARS 12-821.01 require notice within 180 days.
The Most Common Scottsdale Wrongful Death Case Types
Catastrophic motor vehicle crashes
Loop 101 (Pima Freeway), Loop 202, Camelback Road, Hayden Road. Speed differential, impaired drivers, and distracted drivers recur as factors.
Commercial truck collisions
FMCSR violations apply; recoverable insurance substantially larger than passenger cases.
Pedestrian and bicycle fatalities
Scottsdale has significant bicycle infrastructure (Indian Bend Wash path) and pedestrian traffic in Old Town and Fashion Square; crashes recur at the at-grade road crossings.
Motorcycle fatalities
Pima Freeway weekend crashes; left-turn violations on Scottsdale Road and Hayden Road.
Premises liability fatalities
Pool drownings, falls from height, structural failures. Scottsdale’s high-end resort and condominium properties produce specific premises liability fact patterns.
DUI / impaired driver fatalities
Old Town Scottsdale entertainment district pattern. Punitive damages frequently apply. Dram shop liability brings in bars and restaurants.
180 days, not two years
If a municipal vehicle, state highway, county facility, or other government entity contributed, ARS 12-821.01 requires notice within 180 days. Missing this is generally fatal.
Who Can Recover Under ARS 12-612
- Surviving spouse — loss of consortium, companionship, support, household services
- Children of the deceased — loss of parental guidance, support, companionship
- Parents of the deceased — loss of love, affection, companionship
- Guardian — if applicable
- Personal representative — if no surviving spouse, child, parent, or guardian
Damages Recoverable
- Loss of love, affection, companionship — major category in Arizona verdicts
- Loss of guidance and counsel
- Loss of financial support
- Loss of household services
- Pre-death pain and suffering of the deceased (if applicable)
- Funeral and burial expenses
- Punitive damages — for egregious conduct
The First Few Weeks After a Scottsdale Wrongful Death
- Preserve scene evidence: photos, vehicle, personal effects.
- Get medical and autopsy records.
- Identify witnesses before memory fades.
- Determine if a government entity is involved — 180-day window starts immediately.
- Open probate if needed.
- Do not give recorded statements to insurers.
- Consult a Scottsdale wrongful death attorney when the family is ready.
Why Wood Injury Law for Your Scottsdale Wrongful Death Case
- No fees unless we recover.
- Free, no-pressure consultation.
- Direct attorney attention.
- Pace set by the family.
- Maricopa County Superior Court and Arizona appellate experience.
Frequently Asked Questions
How long do we have to file?
Who in the family can bring the claim?
What damages can the family recover?
Can we recover for our loved one’s pain and suffering before death?
What if a government entity caused the death?
The at-fault person was charged criminally. Do we still have a civil case?
How long does a wrongful death case typically take?
What does it cost?
Need to Talk About a Scottsdale Wrongful Death Case?
No pressure, no hard sell. The consultation is free. Pace set by your family.
Crash data: Scottsdale, 2024
The following crash statistics are reported by the state for Scottsdale in 2024. They set the backdrop for any personal injury claim in this jurisdiction.
| Total reportable crashes | 4,219 |
| Injury crashes | 1,421 |
| Fatal crashes | 15 |
| People killed | 15 |
| People injured | 2,113 |
| Alcohol-related crashes | 226 |
Source: Arizona Department of Transportation, 2024 Motor Vehicle Crash Facts (azdot.gov)