Scottsdale Wrongful Death Lawyer

Consult Yearin Law Office for a consultation with a Scottsdale, AZ wrongful death lawyer.

If a preventable accident or act of negligence has taken the life of someone in your family, the legal and financial consequences can be immediate. Surviving family members are often left to manage final medical expenses, arrange burial services, and cope with the permanent loss of income and support, all while grieving.

Our Scottsdale, AZ wrongful death lawyer at Yearin Law Office has been representing families in these situations for more than 36 years. We stand exclusively on the side of injured individuals and their loved ones. We do not represent insurance carriers or corporate defendants under any circumstances. Contact us today for a free wrongful death consultation.

Wrongful Death Lawyer Scottsdale

When does a fatal accident give rise to a civil claim?

Arizona recognizes a wrongful death cause of action under A.R.S. § 12-611 whenever a person dies as a result of another party’s wrongful act, neglect, or default. The key legal test is whether the deceased person would have had grounds to file a personal injury lawsuit if they had survived. If the answer is yes, the surviving family members may pursue a wrongful death claim instead.

These civil cases operate independently from the criminal justice system. Even if no criminal charges are filed, or if a defendant is acquitted of criminal charges, a wrongful death suit may still proceed.

Types of Wrongful Death Cases We Handle in Scottsdale

Fatal accidents in Scottsdale, AZ arise from circumstances that vary widely, and each type of case requires a different investigative and legal approach. We handle wrongful death claims involving:

• Car accidents. Distracted driving, impaired driving, excessive speed, and failure to yield continue to cause fatal collisions throughout the Scottsdale area. Families can pursue a wrongful death claim against the negligent driver and, depending on the circumstances, against other parties such as an employer, a government entity responsible for road design, or a vehicle manufacturer.
• Truck accidents. The weight differential between a loaded commercial truck and a standard passenger vehicle makes these crashes disproportionately lethal. Liability can extend beyond the driver to the trucking company, maintenance providers, and cargo loading contractors, each governed by state and federal safety regulations.
• Motorcycle accidents. Motorcyclists have virtually no structural protection in a collision. A driver who fails to see a motorcycle, turns across a rider’s path, or follows too closely can cause a fatal impact in a fraction of a second. Surviving family members can hold negligent drivers accountable.
• Pedestrian accidents. Pedestrians struck by vehicles at intersections, in parking lots, or along roadways suffer catastrophic and often fatal injuries. Arizona’s warm climate and outdoor culture mean pedestrians are on the road year-round, creating ongoing risk.
• Defective products. Vehicles with faulty brakes, tires that blow out without warning, defective industrial equipment, and recalled consumer goods can all cause deaths. Arizona product liability law allows claims against manufacturers, distributors, and sellers in the chain of commerce.
• Premises liability. Property owners and managers are required to keep their premises reasonably safe. When a fatal injury occurs because of an unaddressed hazard, whether at a commercial property, construction zone, or residential complex, a wrongful death claim may be appropriate.
• Construction accidents. Falls from height, trench collapses, electrocution, and struck-by incidents account for a significant percentage of fatal workplace injuries. When a third party’s negligence contributes to a construction death, families may have claims outside the workers’ compensation system.
• Medical negligence. Errors during surgery, delayed diagnosis of life-threatening conditions, incorrect medication dosages, and failure to act on abnormal test results can all end in death. These cases require proof that the healthcare provider fell below the accepted standard of medical care.

Why Choose the Yearin Law Office for Wrongful Death in Scottsdale, AZ?

A Career Built on Representing Injured Families

Don Yearin has practiced personal injury law in Arizona since 1991, the year he was admitted to both the State Bar of Arizona and the United States District Court for the District of Arizona. A graduate of ASU’s business school and the UA College of Law, Don has spent his entire legal career on the plaintiff side of injury and wrongful death cases.

Our firm has helped clients recover millions of dollars through verdicts and settlements across a wide range of case types. Don was recently selected for membership in Premier Lawyers of America, an invitation-only organization recognizing the top 1% of attorneys in the country. He carries an AV Preeminent rating from Martindale-Hubbell, reflecting the highest levels of legal ability and ethical conduct. He has also been named a Top 100 Civil Plaintiff attorney by The National Trial Lawyers from 2021 through 2024.

There are no upfront costs. We handle wrongful death cases on a contingency fee basis, meaning you owe nothing unless we secure a recovery. If you need a personal injury lawyer in Scottsdale, AZ, we bring that same approach to every matter we take on.

Wrongful Death Case Overview

Damages, Liability, and Compensation for Wrongful Death Cases

Under A.R.S. § 12-613, Arizona law gives juries wide discretion to award damages that are fair and just in relation to the harm suffered by surviving family members. Compensation in a wrongful death action may cover:

• Future income and earning capacity that the deceased would have provided
• Medical bills incurred from the initial injury through the date of death
• Costs associated with funeral arrangements and burial
• Loss of love, companionship, and emotional support
• Pain and suffering the deceased experienced before dying
• Loss of guidance and mentorship for surviving children

Courts may also consider awarding damages intended to punish particularly reckless or intentional conduct. A wrongful death attorney in Scottsdale can assess which categories of damages apply to your specific situation.

To establish liability, a claimant must show that the defendant had a duty of care, breached that duty, and that the breach was a direct cause of the death. Arizona’s pure comparative fault statute, A.R.S. § 12-2505, allows recovery even when the deceased shared some degree of fault, with the award reduced in proportion to their responsibility.

Important Aspects in Your Wrongful Death Case

Wrongful death cases involve several legal and practical considerations that families should understand early in the process:

• Arizona law under A.R.S. § 12-612 restricts who has standing to bring a wrongful death claim. Eligible plaintiffs include the surviving spouse, children, parents, or legal guardian. If no eligible individual files, the personal representative of the deceased’s estate may bring the action.
• Physical evidence can be lost quickly. Dashcam footage, building security recordings, cell phone data, and vehicle black box information all have limited retention periods. Engaging an attorney early protects against this.
• Insurers for the at-fault party will typically begin building their defense file within days of the incident. Early legal representation helps ensure your family’s interests are protected during that window.
• Proving fault in a wrongful death case requires connecting the defendant’s specific conduct to the fatal outcome through documentary evidence, testimony, and often reconstruction analysis.

Wrongful Death Case Timeline

No two wrongful death cases follow an identical path, but the general progression in Arizona includes the following stages:

• Immediately after retention, we begin a thorough investigation. This includes gathering police and incident reports, medical records, employment documentation, witness statements, and any available physical or electronic evidence.
• We present a demand to the responsible parties and their insurance carriers. Some cases resolve through negotiation at this stage without the need for court proceedings.
• If the insurer refuses to offer a fair resolution, we file suit. Under A.R.S. § 12-542, the statute of limitations for a wrongful death action in Arizona is two years from the date of the individual’s death.
• The litigation process includes discovery, depositions, and pretrial motions. Depending on the number of parties and the volume of evidence, this phase can span anywhere from several months to over a year.
• The case concludes either through a settlement reached during litigation or through a jury verdict at trial. We prepare every case with trial readiness as the baseline.

What to Bring to Your Wrongful Death Consultation

Having relevant documents available at your first meeting allows us to evaluate your claim more quickly. If possible, bring:

• A copy of the death certificate
• Any police reports, incident reports, or accident reports
• Records of medical treatment the deceased received after the injury
• Pay stubs, tax returns, or other income documentation for the deceased
• Insurance policies that may provide coverage (auto, homeowner, umbrella, or life)

Understanding what a wrongful death attorney does during the initial consultation can help you prepare. We will review the facts you present, explain the legal theories that apply, and provide a candid assessment of your options.

Arizona Legal Resources for Wrongful Death

Several publicly accessible resources exist for families researching wrongful death law in Arizona:

• The Arizona Legislature website hosts the complete text of Title 12, including the wrongful death statutes that address who may file, the basis for liability, and the categories of available damages.
• The Maricopa County Superior Court provides online access to civil filing procedures, required court forms, and scheduling information for cases filed in the county where Scottsdale is located.
• The NHTSA maintains national and state-level data on traffic fatalities, which can provide context for motor vehicle wrongful death claims.
• The Arizona DHS administers vital records services, including death certificates, which are often necessary for filing a wrongful death lawsuit.

These resources serve as a starting point for general legal research. They do not replace the counsel of a wrongful death lawyer who can apply Arizona’s statutes to your family’s specific circumstances.

Reach Out to Yearin Law Office to Schedule a Consultation

If negligence or recklessness caused the death of someone you love, we are prepared to help. Yearin Law Office represents families pursuing wrongful death claims in Scottsdale and across Arizona. You pay no fees unless we obtain compensation on your behalf. Contact us to schedule a free consultation and discuss how a wrongful death attorney in Scottsdale, AZ can protect your family’s rights.