How Long Do I Have to File a Wrongful Death Claim in Arizona?

In Arizona, if you’ve lost a loved one due to someone else’s negligence or wrongful act, you have the legal right to seek compensation through a wrongful death lawsuit. Understanding the time limits and legal requirements is crucial to ensure your claim is valid.

Recent Case in Phoenix

In January 2025, a tragic incident occurred in Glendale, Arizona, where a man was fatally shot by police during a domestic violence call. A year later, in January 2026, the victim’s family filed a wrongful death lawsuit against the City of Glendale, alleging misconduct and seeking justice for their loss. This case underscores the importance of timely legal action in wrongful death claims. Read more about this case here.

Arizona Law and Your Rights

Arizona law defines wrongful death as a death caused by a wrongful act, neglect, or default of another party. This includes situations like car accidents, medical malpractice, or intentional acts. The right to file a wrongful death claim is granted to the deceased person’s surviving spouse, children, parents, or legal guardian. If none of these relatives are available, the personal representative of the deceased’s estate may file the claim on behalf of the estate and any surviving family members. Learn more about wrongful death lawsuits in Arizona.

Statute of Limitations

Under Arizona Revised Statutes § 12-542, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is strict; missing it typically results in losing the right to seek compensation. It’s important to note that if the wrongful death claim involves a government entity, you must file a formal notice of claim within 180 days, and the lawsuit itself must be filed within one year. Read more about these deadlines.

What To Do Next

Given the complexities and strict deadlines associated with wrongful death claims, it’s essential to act promptly. Consulting with experienced personal injury attorneys can help you navigate the legal process and ensure your rights are protected. At Hirsch Talcott, our attorneys, including Jack H. Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Chelsie L. Talcott, a former Maricopa County Deputy Public Defender, are dedicated to assisting families in Phoenix and throughout Arizona. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Discover why injured Arizonans choose us.

If you’re considering a wrongful death claim, don’t wait. Contact Hirsch Talcott at 602-903-6000 for a free consultation. Our compassionate and knowledgeable team is here to help you through this challenging time.