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.