Glendale Wrongful Death Attorney: Understanding Your Family’s Legal Rights in 2026

A Glendale wrongful death attorney helps surviving family members hold negligent parties accountable after a preventable death, and Arizona law gives eligible relatives the right to pursue both economic and emotional losses through a civil lawsuit.

  • Arizona’s wrongful death statute (A.R.S. § 12-611) allows certain family members to file a claim when negligence or wrongful conduct causes a death.
  • Eligible claimants include surviving spouses, children, parents, and the deceased person’s estate.
  • Recoverable damages include medical bills, funeral costs, lost income, and loss of companionship.
  • Arizona’s statute of limitations gives most families two years from the date of death to file (A.R.S. § 12-542).
  • Arizona’s comparative fault rule (A.R.S. § 12-2505) can reduce, but not always eliminate, your recovery if the deceased shared some fault.
  • Elmm Law Group represents Glendale families on a contingency basis, meaning no fees unless you win.

What Is a Glendale Wrongful Death Attorney and When Do You Need One?

Wrongful death is a legal term for a death caused by another person’s negligence, recklessness, or intentional misconduct. Common causes in Glendale and the wider West Valley include car and truck accidents, motorcycle collisions, slip-and-fall incidents, medical malpractice, and workplace accidents.

A wrongful death claim is separate from any criminal case. Even if prosecutors decline to charge the at-fault party, your family can still pursue a civil lawsuit. The burden of proof in civil court is lower, requiring only that negligence be shown by a preponderance of the evidence, meaning it was more likely than not that the defendant’s conduct caused the death.

You need a Glendale wrongful death attorney when:

  • An insurance company contacts you quickly with a low settlement offer.
  • Fault is disputed or multiple parties may share responsibility.
  • The death involved a commercial vehicle, government entity, or defective product.
  • Your family is unsure who qualifies to file or how to divide damages.
  • The two-year filing deadline is approaching.

Arizona Wrongful Death Law: What Your Family Needs to Know in 2026

Who Can File a Glendale Wrongful Death Attorney Claim in Arizona?

Under A.R.S. § 12-612, only one lawsuit may be filed per death, but it is brought on behalf of all eligible beneficiaries at once. The claim is typically filed by the surviving spouse, children, or parents. If none of those relatives exist, the deceased person’s estate may bring the action. The court then distributes any recovery among the beneficiaries in proportion to their individual losses.

This structure means that even if you don’t file, you may still receive a share of the damages. An experienced attorney ensures every eligible family member is properly included so no one is left out of the recovery.

What Damages Can a Glendale Wrongful Death Attorney Recover?

Arizona law allows families to recover a broad range of losses. Economic damages include:

  • Medical and hospital expenses incurred before death.
  • Funeral and burial costs.
  • Lost wages, benefits, and future earning capacity the deceased would have provided.
  • The value of household services the deceased performed.

Non-economic damages are equally important and often represent the largest portion of a wrongful death settlement. These include loss of love, companionship, affection, and guidance, particularly for surviving children who lose a parent. Arizona does not cap non-economic damages in wrongful death cases outside of medical malpractice, which means juries have significant latitude to award meaningful compensation.

How Does Comparative Fault Affect a Glendale Wrongful Death Claim?

Arizona follows a pure comparative fault system under A.R.S. § 12-2505. If the deceased person was partially at fault, say 20% responsible for a crash, the family’s total recovery is reduced by that percentage. However, unlike some states, Arizona does not bar recovery entirely if the deceased was more than 50% at fault. Your family can still recover even when fault is shared, which makes it critical to have an attorney who can accurately investigate the incident and push back against inflated fault percentages assigned by the defense.

The Two-Year Deadline: Why Timing Matters for Your Glendale Wrongful Death Attorney Case

Under A.R.S. § 12-542, families generally have two years from the date of death to file a wrongful death lawsuit in Arizona. Missing this deadline almost always means losing the right to any recovery, regardless of how strong your case is. Two years may feel like a long time, but investigations take time, evidence disappears, witnesses move away, and insurance companies use delay as a strategy.

Certain situations can affect the deadline. Claims against a government entity, such as a city bus or a negligent public employee, require a notice of claim to be filed within 180 days of the death under A.R.S. § 12-821.01. If you suspect a government party is involved, contact an attorney immediately.

According to ADOT’s Arizona Motor Vehicle Crash Facts, Maricopa County consistently accounts for a large share of the state’s fatal crashes each year, underscoring how frequently Glendale families face these situations. The Arizona Governor’s Office of Highway Safety also tracks impaired-driving and speeding-related fatalities, data that can support a wrongful death claim when reckless behavior is involved.

How Elmm Law Group Supports Glendale Wrongful Death Families

At Elmm Law Group, attorney Gordana Mikalacki understands that no legal process can undo the loss your family has experienced. What the legal system can do is shift the financial burden off your shoulders and onto the party whose negligence caused it. Our team handles every aspect of your case, from gathering police reports and medical records to negotiating with insurers and, when necessary, taking your case to trial.

We work on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. This arrangement means every Glendale family, regardless of financial situation, has access to experienced legal representation from day one.

If you have lost a loved one and are not sure whether you have a case, the best step is a free, no-obligation consultation. Gordana Mikalacki will listen to what happened, explain your rights under Arizona law, and give you an honest assessment of your options, with no pressure and no cost to you.

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Frequently Asked Questions

Who qualifies to file a wrongful death claim in Glendale, Arizona?

Under A.R.S. § 12-612, the surviving spouse, children, or parents of the deceased may file. If none of these relatives survive, the estate’s personal representative may bring the claim. Only one lawsuit is filed, but it covers all eligible family members, and any recovery is divided among them based on their individual losses.

How long does a Glendale wrongful death case take to resolve?

Most wrongful death cases settle out of court within 12-24 months, though complex cases involving disputed liability or serious injuries can take longer if they proceed to trial. Cases involving government entities move faster in some ways because the 180-day notice of claim deadline forces early action, but the overall litigation timeline can still extend beyond a year.

What if the at-fault driver had no insurance or minimal coverage?

Arizona requires drivers to carry minimum liability insurance under A.R.S. § 28-4009, but not everyone complies. If the at-fault party is uninsured or underinsured, your family may be able to recover through your own uninsured or underinsured motorist coverage. Additional sources of recovery, such as a commercial employer’s policy or a product manufacturer, may also exist. An attorney can identify all available insurance and liable parties.

Can a wrongful death claim be filed even if a criminal case is pending?

Yes. A civil wrongful death lawsuit is completely independent of any criminal prosecution. The two proceedings have different standards of proof and different goals. A criminal case seeks punishment; a civil case seeks financial compensation for your family. You do not have to wait for a criminal verdict, and the outcome of a criminal case does not automatically determine the result of your civil claim.

How much does it cost to hire a Glendale wrongful death attorney at Elmm Law Group?

Elmm Law Group handles wrongful death cases on a contingency fee basis. There are no upfront costs and no hourly fees. We collect attorney fees only as a percentage of the final settlement or jury award. If you recover nothing, you owe nothing. This arrangement allows grieving families to access skilled legal representation without any financial risk.