Who Can File a Wrongful Death Lawsuit in Arizona?

In Arizona, the law grants specific individuals the right to file a wrongful death lawsuit when a loved one’s death results from another’s negligence or misconduct. According to Arizona Revised Statutes § 12-612, the surviving spouse, children, parents, or the personal representative of the deceased’s estate can pursue such claims. This legal provision ensures that those most affected by the loss have a pathway to seek justice and compensation.

Recent Case in Phoenix

A notable example highlighting the importance of wrongful death claims in Arizona involves the tragic death of 27-year-old Kaelen Lachica. In 2025, Kaelen was discharged from Abrazo Health Arrowhead hospital and placed in an Uber to a homeless shelter, despite his deteriorating health condition. He was later found deceased on a sidewalk during extreme heat. His family filed a wrongful death lawsuit against the hospital, alleging negligence in his discharge process. This case underscores the critical role of wrongful death lawsuits in holding institutions accountable for their actions. Read more about this case.

Arizona Law and Your Rights

Under Arizona law, wrongful death claims are designed to provide relief to the deceased’s close family members for the losses they’ve suffered due to their loved one’s untimely death. These losses can include funeral expenses, lost income, loss of companionship, and emotional distress. The law recognizes the profound impact such a loss can have on a family and aims to offer a legal remedy to address these hardships.

Statute of Limitations

It’s crucial to be aware of the time constraints associated with filing a wrongful death lawsuit in Arizona. The statute of limitations, as outlined in A.R.S. § 12-542, generally allows for a claim to be filed within two years from the date of the deceased’s death. Failing to file within this period can result in the loss of the right to seek compensation. Therefore, timely action is essential.

What To Do Next

If you believe you have a wrongful death claim, it’s imperative to consult with experienced legal professionals who can guide you through the process. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for families in their pursuit of justice. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about why injured Arizonans choose us and our fee structure.

For a comprehensive evaluation of your case and to understand your legal options, contact Hirsch Talcott at 602-903-6000 for a free consultation. Our commitment is to provide compassionate and effective legal representation to ensure your family’s rights are protected.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.