Tempe Wrongful Death Lawyer

Trusted wrongful death lawyers with over 36 years of experience.

If you have lost a family member due to another party’s negligence in Tempe, you are likely confronting serious financial and legal concerns alongside your loss. Outstanding medical bills, the absence of income your household depended on, and early contact from insurance adjusters all create pressure that demands experienced legal guidance.

At Yearin Law Office, our Tempe, AZ wrongful death lawyer has spent more than three decades fighting for families in exactly this position. We represent injured people and their surviving loved ones only. We have never represented an insurance company or corporate defendant. Contact us for a free consultation to discuss your wrongful death claim.

Wrongful Death Lawyer Tempe

What legal options does a family have when negligence takes a life?

Arizona law defines a wrongful death as a death caused by the negligent, reckless, or intentional conduct of another person or entity. Under A.R.S. § 12-611, if the deceased person would have been able to bring a personal injury claim had they survived, their surviving family members may file a wrongful death lawsuit instead. This is a civil action, entirely separate from any criminal charges that may or may not be filed.

A wrongful death claim allows families to pursue compensation for the financial and personal losses the death caused. It holds accountable the drivers, property owners, healthcare providers, manufacturers, and employers whose conduct led to the fatal outcome.

Types of Wrongful Death Cases We Handle in Tempe

Wrongful death cases in Tempe, AZ stem from a wide range of preventable incidents. Each type involves different evidence, different liable parties, and different legal strategies. We have handled claims arising from the following:

• Car accidents. Speeding, impaired driving, distracted driving, and red-light violations remain the leading causes of fatal collisions in Maricopa County. When a driver’s negligence kills someone, the surviving family can file a wrongful death claim against the at-fault driver and, in certain situations, against their employer or the entity responsible for dangerous road conditions.
• Truck accidents. Crashes involving commercial trucks often result in fatalities because of the massive size and weight disparity. These cases frequently involve multiple liable parties: the truck driver, the trucking company, maintenance contractors, and cargo loaders. Federal and state regulations add another layer of complexity.
• Motorcycle accidents. Motorcyclists are exposed to the full force of any impact. When another driver fails to check a blind spot, runs a stop sign, or makes an unsafe lane change, the consequences for the rider are often fatal. Families left behind deserve accountability.
• Bicycle accidents. Tempe has a significant cycling population, particularly near Arizona State University. When a negligent driver strikes and kills a cyclist, surviving family members have the right to seek wrongful death damages.
• Professional negligence and medical errors. Surgical mistakes, misdiagnoses, medication errors, and monitoring failures can all be fatal. Wrongful death claims against healthcare providers require evidence that the provider deviated from the accepted standard of care and that the deviation caused the patient’s death.
• Product liability. Defective vehicles, faulty tires, dangerous machinery, and recalled consumer goods can cause fatal injuries. Manufacturers, distributors, and retailers may all bear responsibility under Arizona’s product liability laws.
• Premises liability. Property owners owe visitors a duty to maintain reasonably safe conditions. When someone dies due to a hazardous condition on another party’s property, whether a construction site, retail store, or apartment complex, the owner may be liable.
• Workplace and industrial accidents. Fatal falls, equipment malfunctions, toxic exposure, and electrocution on job sites may give rise to wrongful death claims filed outside the workers’ compensation system, particularly when a third party’s negligence played a role in the death.

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

Proven Track Record in Arizona Courts

Don Yearin is an Arizona native who earned his bachelor’s degree from Arizona State University in 1986 and his Juris Doctor from the UA College of Law in 1990. He was admitted to the State Bar of Arizona and the United States District Court for the District of Arizona in 1991. Since then, he has built his career exclusively on the side of injured people and grieving families.

Our firm has recovered millions of dollars for clients through verdicts and settlements. Don holds a Martindale-Hubbell AV Preeminent rating, the highest distinction for both legal ability and ethical standards. He has been named a Top 100 Civil Plaintiff attorney by The National Trial Lawyers from 2021 through 2024, and was selected for membership in Premier Lawyers of America, an invitation-only organization recognizing the top 1% of attorneys in the country based on case outcomes and peer feedback.

We do not charge upfront fees for wrongful death cases. You pay nothing unless we recover compensation for your family. If you are looking for a personal injury lawyer in Tempe, AZ, we bring the same level of preparation and persistence to every case.

Wrongful Death Case Overview

Damages, Liability, and Compensation for Wrongful Death Cases

Arizona law gives juries broad authority to award damages they consider fair and just. Under A.R.S. § 12-613, recoverable damages in a wrongful death claim may include:

• The deceased person’s lost wages and projected future earning capacity
• Medical expenses incurred between the injury and death
• Funeral and burial costs
• Loss of companionship, love, and guidance
• Emotional pain and suffering of the surviving family
• Loss of parental guidance for minor children

In cases involving reckless or intentional conduct, Arizona courts may also award punitive damages designed to punish the wrongdoer and discourage similar behavior in the future.

Establishing liability requires proof that the defendant owed a duty of care, breached that duty, and that the breach directly caused the death. Arizona applies a pure comparative fault rule under A.R.S. § 12-2505. This means that even if the deceased person was partially at fault, the family’s recovery is reduced proportionally rather than eliminated.

Important Aspects in Your Wrongful Death Case

Several factors influence the direction and outcome of a wrongful death case in Arizona. Understanding them early gives families a stronger position:

• A.R.S. § 12-612 limits who may bring a wrongful death lawsuit. Only the surviving spouse, children, parents, or guardian of the deceased may file. If none of those individuals act, the personal representative of the estate may bring the claim.
• Evidence deteriorates quickly. Surveillance footage is overwritten, vehicle data recorders are cleared, and witness memories fade. Preserving key evidence early is critical.
• Insurance companies begin their own investigations almost immediately after a fatal incident. What surviving family members say to adjusters during those early conversations can have a lasting impact on the case.
• More than one defendant may share responsibility. A fatal truck collision, for instance, might involve the driver, the carrier, and a vehicle parts manufacturer.

Wrongful Death Case Timeline

Every wrongful death case proceeds differently depending on the facts, but a general timeline in Arizona follows a recognizable path:

• After the firm is retained, investigation and evidence collection begin immediately. We work with accident reconstruction professionals, medical consultants, and financial analysts to build each case.
• A demand is presented to the responsible parties and their insurers. In some cases, pre-litigation negotiations lead to a fair settlement without the need for a lawsuit.
• If no acceptable offer is made, we file a lawsuit. Arizona’s statute of limitations under A.R.S. § 12-542 gives families two years from the date of death to file.
• Discovery, depositions, and pretrial motions follow. This phase can last several months to well over a year, depending on the number of parties and the complexity of the evidence.
• The case either settles during litigation or proceeds to trial. We prepare every wrongful death case as though it will go before a jury.

What to Bring to Your Wrongful Death Consultation

Collecting documents early helps us evaluate the strength of your wrongful death claim more efficiently. If you have access to any of the following, bring them:

• The death certificate
• Police or incident reports related to the fatal event
• Medical records and bills for treatment provided before death
• Employment and income records for the deceased
• Any insurance policies that may apply (auto, homeowner, life, or umbrella coverage)

We offer free wrongful death consultations at our office. During the meeting, we will review the circumstances, explain your legal options under Arizona law, and outline realistic expectations for what comes next.

Arizona Legal Resources for Wrongful Death

Arizona offers several public resources for families who want to research what to do after a loved one’s wrongful death:

• The Arizona Legislature website publishes the full text of Title 12, which contains the wrongful death statutes governing who may file, who may be held liable, and what types of damages may be recovered.
• The Maricopa County Superior Court website provides information on civil case filings, required court forms, and procedural rules for lawsuits filed in the county, which includes Tempe.
• NHTSA publishes fatal crash data by state and locality, which can help families understand the broader context of motor vehicle fatalities in Arizona.
• The Arizona DHS maintains vital records data, including death certificates and public health reporting.

These are starting points for general research. They are not a substitute for guidance from a wrongful death attorney who can evaluate the specific facts of your situation.

Reach Out to Yearin Law Office to Schedule a Consultation

If someone’s negligence cost your family member their life, we want to hear what happened. Yearin Law Office represents families pursuing wrongful death claims in Tempe and throughout Arizona. There are no upfront fees, and you pay nothing unless we recover compensation. Contact us today for a free consultation to learn how a wrongful death attorney in Tempe, AZ can help your family move forward.

Wrongful Death Statistics in Tempe

Fatal collisions are the largest single source of wrongful death claims in the East Valley. Tempe sits at the junction of I-10, US 60, Loop 101, and Loop 202, so the city absorbs regional traffic that has nothing to do with the people who live here.

NHTSA distracted driving data attributes 3,208 deaths nationwide in 2024 to crashes involving a distracted driver. The figures below come from Arizona’s own reporting, and each one represents a family that had to make funeral arrangements they never planned for.

• 32 people were killed in Tempe traffic collisions during 2024, across 29 separate fatal crashes, according to ADOT crash data.
• Tempe recorded 6,637 total collisions that year, with 3,007 people injured.
• Arizona lost 1,228 people to traffic crashes statewide in 2024.
• Maricopa County accounted for 50.13% of every fatal crash reported in the state.
• 219 of Arizona’s traffic deaths that year were motorcyclists, a group that makes up a small fraction of the vehicles registered in the state and a far larger share of the people killed on its roads.

Traffic is only part of the picture, as fatal falls, workplace incidents, defective products, and neglect in care facilities all produce wrongful death claims in Tempe, AZ, and those deaths are counted in separate systems that rarely get reported together. Our Tempe wrongful death attorneys look at the full record, not just the crash report. The annual crash reports the state publishes are a starting point, not the whole story.

Mistakes That Can Damage Your Wrongful Death Claim

Mistakes that weaken a wrongful death claim are rarely intentional. They tend to happen in the first few weeks, while families are grieving and fielding calls from insurers, funeral homes, and relatives. Our Tempe wrongful death attorneys most often see the following errors:

1. Giving a recorded statement too early. The at-fault party’s insurer will call, sound sympathetic, and ask you to walk through what happened. You are grieving and you do not yet know what the investigation shows. Anything you say becomes part of the file permanently.
2. Accepting the first offer. Early offers are calculated on incomplete information, usually before the autopsy or the economic loss analysis is finished. Lowball offers arrive fast because speed benefits the carrier, not you.
3. Letting physical evidence disappear. Situations can result in physical evidence disappearing, such as vehicles getting repaired or scrapped, surveillance footage being overwritten, and equipment getting returned to be serviced. The physical evidence that proves what happened has a shelf life measured in weeks, and a preservation letter sent early is usually the only thing standing between a family and a case built on memory alone.
4. Waiting to open an estate. Arizona wrongful death claims are brought by specific surviving family members or by a personal representative. Sorting out who has authority takes time, and that process should start well before any filing deadline approaches.
5. Posting about the death on social media. Defense counsel reviews public profiles. A photo, a comment about the deceased, or a post about a family disagreement can be pulled into a case about loss of companionship.
6. Assuming there is only one insurance policy. A fatal crash may involve a driver’s policy, an employer’s commercial coverage, an underinsured motorist policy on the family’s vehicle, and sometimes a separate umbrella policy sitting above all of it. Carriers do not volunteer what else exists, and the first policy a family finds is rarely the largest one available.
7. Missing the deadline. Arizona gives most families two years from the date of death to file suit, and claims involving a public entity run on a far shorter schedule. Missing that filing deadline ends the case no matter how strong it is.
8. Signing paperwork from the insurer without reading it. Medical authorizations are often written broadly enough to pull decades of unrelated records, which is one way carriers undermine a claim about a person’s health and life expectancy.
9. Handling the funeral and estate paperwork without tracking costs. Funeral expenses, burial costs, and out-of-pocket medical bills from the final treatment are recoverable, but only if someone kept the receipts.
10. Waiting to talk to a lawyer. Nothing about a consultation obligates a family to file anything. However, talking with our Tempe wrongful death lawyer early on can make a major difference.

Tempe Wrongful Death Lawyer FAQs

What is a wrongful death claim in Arizona?

It is a civil claim brought when someone dies because another party was negligent or acted wrongfully. It is separate from any criminal case, and it does not depend on charges being filed. The claim compensates surviving family members for what the death cost them financially and personally.

Who can file a wrongful death lawsuit in Tempe?

Arizona limits this to a narrow group: the surviving spouse, the children, the parents or guardian of the person who died, or the personal representative of the estate acting on their behalf. Determining who has standing is one of the first things we sort out.

How long do I have to file?

Two years from the date of death in most cases. Claims against a city, county, or state entity require a formal notice much sooner. Because those deadlines are unforgiving, our Tempe wrongful death lawyers prefer to look at a case early rather than reconstruct one late.

What does a wrongful death case cost?

Nothing upfront because our firm handles these matters on a contingency basis, which means our fee comes out of the recovery and there is no fee if there is no recovery. Families do not pay us to investigate a case.

Do I need a police report to start?

No. A report helps, but we can request it, along with the medical examiner’s file, employer records, and any available video. Fatal collision investigations in Tempe often take weeks to finalize, and waiting for the finished report before calling a lawyer costs a family time it cannot get back. Bring what you have and we will pursue the rest.

What damages are available?

Arizona allows recovery for lost financial support, lost services, funeral and burial expenses, medical costs from the final treatment, and the loss of love, companionship, and guidance. Lost income is calculated over the working life the person would have had.

Will we have to go to trial?

Most claims resolve without one, and most families would rather not sit through a trial about the person they lost. That said, cases settle on better terms when the other side believes trial is a real possibility, and our founder has taken injury cases to verdict throughout his career.

What if a rideshare driver caused the crash?

Coverage depends on what the app was doing at the moment of impact. Uber and Lyft both carry commercial policies that apply only during certain phases of a trip, and identifying the right layer early matters. Trip data from the app usually settles the question, but the companies release it on their own timetable.

What if my family member was partly at fault?

Arizona uses pure comparative fault. A share of responsibility reduces the recovery proportionally instead of barring it. Insurers know this and often overstate the deceased’s share, which is why the accident reconstruction matters so much.

How long does a wrongful death case take?

It depends on the complexity of the liability picture and the number of parties involved. Straightforward claims can resolve in months. Cases with multiple defendants, disputed causation, or a company insurer that refuses to negotiate seriously take considerably longer.

Important Resources for Tempe Wrongful Death Cases

Most Dangerous Locations for Fatal Crashes in Tempe

Fatal collisions in Tempe concentrate on the arterial roads that carry the most traffic and on the freeway interchanges at the city’s edges. Tempe’s Vision Zero program selects safety corridors from collision data and rotates them quarterly. The current corridors include:

• Rural Road between University Drive and Broadway Road
• University Drive from McClintock Drive to Price Road
• Southern Avenue between McClintock Drive and Price Road
• Elliot Road from Harl Avenue to Kyrene Road

The I-10, US 60, and Loop 101 interchanges add high-speed merging to the picture, and freight traffic through the Priest Drive corridor puts heavy commercial vehicles alongside passenger cars all day.

What Are Important Local Resources for Tempe Wrongful Death Cases?

Families dealing with a sudden death in Tempe usually need several agencies at once, often within the first week. The offices below handle the records and services that come up most.

• Tempe Police Department (480-350-8311). Non-emergency line; the Traffic Section investigates fatal collisions.
• Tempe Police Records (480-350-8598). Handles collision reports and body camera requests.
• Maricopa County Office of the Medical Examiner (602-506-3322). Investigates sudden and traumatic deaths and issues autopsy reports.
• Maricopa County Vital Records (602-506-6805). Issues certified death certificates to eligible family members.
• Maricopa County Attorney Victim Services (602-506-3411). Provides notification, restitution help, and crime victim compensation information.

Yearin Law Office lists these offices for convenience only. We do not endorse, and are not affiliated with, any of them.

About Yearin Law Office

Yearin Law Office has represented injured Arizonans and grieving families since 1991, when our founder was admitted to the State Bar of Arizona and to the U.S. District Court for the District of Arizona. Don Yearin belongs to the Maricopa County Bar Association and the Arizona Trial Lawyers Association, and the firm funds an annual Helping the Injured Scholarship for students committed to serving people affected by serious injury. In September 2025, we obtained a $598,790 trial verdict after an insurer refused to resolve a claim within its policy limits. Our Tempe, AZ law firm handles wrongful death matters across the East Valley.

What Our Clients Say

★★★★★

“Don is truly amazing. He was highly recommended. He is a courteous, kind and trustworthy person. He has exceeded our expectations on every level. He is truly a blessing and we are very thankful. Thank you Don, we could not have done this without you.”

Tony Rossi

Read more reviews on our Google Business Profile.

Additional Resources for Tempe Wrongful Death Cases

• What Is a Wrongful Death Claim?
• The Basics of Wrongful Death
• Proving Fault in Wrongful Death
• Common Myths Surrounding Wrongful Death Cases
• What Does a Wrongful Death Attorney Do?

Contact Yearin Law Office

Losing someone to another party’s negligence leaves a family with questions no one prepared them for. Contact us to speak with our Tempe wrongful death lawyer about what happened. There is no fee unless we recover for you, and the consultation itself costs nothing. We will review the records you have, explain what a claim involves, and tell you honestly whether one is worth bringing. New inquiries are reviewed during regular business hours.