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If you need a Tempe wrongful death lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
Arizona’s Wrongful Death Act, codified at A.R.S. 12-611 through 12-613, creates a separate legal claim that belongs to the surviving family members, not to the deceased person’s estate alone. Understanding the basics before you speak with an insurer can protect your family’s rights from day one.
Insurance companies know that grieving families are under enormous emotional and financial pressure. Adjusters often make early, low settlement offers before the full scope of economic and non-economic loss is even calculable. Accepting too soon can permanently waive your family’s right to additional compensation.
Comparative fault arguments are especially common in Tempe wrongful death cases. If the death occurred on a busy corridor like Apache Boulevard, where pedestrians cross outside marked crosswalks, or on the Loop 101 where lane changes are frequent, the at-fault driver’s insurer may argue the deceased shared responsibility for the crash. Gordi Mikalacki knows how to counter those arguments with evidence and Arizona case law.
Multiple defendants can also be involved. A fatal truck accident on the US 60 near Tempe Marketplace might implicate the driver, the trucking company, a cargo loader, and even a vehicle manufacturer if a defect contributed to the crash. Identifying every responsible party takes legal experience and thorough investigation.
Under A.R.S. 12-613, the jury or court determines the damages that are fair and just under all the circumstances. Arizona does not cap wrongful death damages in most private cases. The following categories are commonly pursued:
Tempe’s unique geography and demographics create specific, recurring conditions that contribute to fatal accidents. Understanding those local patterns helps our firm build stronger cases for Tempe families.
Wrongful death cases begin with a fatal injury, but the medical details of how that injury caused death are central to proving liability and calculating damages. The following are the most frequently documented fatal injury types in Tempe wrongful death claims:
The days immediately after a fatal accident are overwhelming. These steps, taken as early as possible, protect your family’s legal rights while you grieve.
Gordi Mikalacki personally oversees every phase of a wrongful death case at Elmm Law Group. The firm does not hand files to paralegals or junior associates after the initial consultation. Here is how the process works.
Elmm Law Group retains qualified accident reconstruction experts, reviews all available surveillance footage from Tempe city cameras and nearby businesses, subpoenas electronic data from commercial vehicles involved in freeway crashes, and obtains the deceased’s complete medical records. For crashes on the Loop 202 or US 60, the firm reviews ADOT traffic data and any prior incident reports at the same location to establish whether a dangerous condition was known and ignored.
Building a full picture of your family’s loss requires more than a medical examiner’s report. The firm works with economists to project the deceased’s lost lifetime earnings, with mental health professionals to document the emotional impact on surviving children and spouses, and with funeral cost experts when disputes arise about reimbursable expenses. Every category of loss under A.R.S. 12-613 is documented and supported before any demand is made.
Most wrongful death cases resolve through negotiated settlement, but Gordi Mikalacki prepares every file as if it will go to trial in Maricopa County Superior Court. Insurers know which attorneys are willing to litigate and which are not. That reputation for courtroom readiness, backed by Gordi’s experience as a former Arizona Assistant Attorney General and Court of Appeals law clerk, consistently produces better outcomes at the negotiating table. If a fair settlement cannot be reached, the firm is fully prepared to try the case before a Maricopa County jury.
Tempe is not a generic Arizona suburb. It is a dense, bike-forward, university-anchored city with a nightlife district, a major lake recreation area, and three major freeways converging at its borders. Each of those features creates specific legal and factual issues that a Tempe wrongful death attorney must understand deeply.
A fatal crash at the intersection of Priest Drive and Broadway Road raises different evidence questions than a drowning near Tempe Town Lake or a pedestrian death on the Mill Avenue bar strip at 2 a.m. Gordi Mikalacki knows these corridors, has reviewed ADOT and Tempe traffic data for these roads, and understands how local juries in Maricopa County view cases arising from each.
Cases are filed in the Maricopa County Superior Court in Phoenix. Gordi’s experience as a former Arizona Court of Appeals law clerk means she understands how Arizona appellate courts have interpreted the wrongful death statutes, comparative fault rules, and damages standards that govern your case. That appellate-level knowledge informs every strategic decision made at the trial court level.
Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive northwest of Tempe via the Loop 202 (Red Mountain Freeway) or Interstate 10. Gordi can meet with Tempe families at the office, or she can come to you if travel is difficult during this time.
Gordana “Gordi” Mikalacki, Esq. is the founder and lead attorney at Elmm Law Group. She earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University, giving her a direct connection to Tempe’s legal and academic community. After law school, she clerked for the Arizona Court of Appeals, where she developed a thorough understanding of how Arizona’s appellate courts interpret personal injury and wrongful death law. She then served as an Arizona Assistant Attorney General, litigating complex cases on behalf of the state before entering private practice to represent injury victims and grieving families.
Gordi works directly with every client. When you hire Elmm Law Group, you speak with Gordi, not a case manager or paralegal. She is available 24 hours a day, seven days a week, and she conducts consultations in English, Spanish, and Serbo-Croatian. For families navigating the worst moments of their lives, that direct access to an experienced attorney is not a luxury; it is a necessity.
Gordi’s practice is limited exclusively to personal injury and wrongful death. She does not handle divorces, criminal defense, or business disputes. Every resource in the firm is focused on securing compensation for injured people and grieving families under Arizona law.
Losing a family member to someone else’s negligence is devastating, and the legal process that follows should not add to that burden. Elmm Law Group offers a free, no-obligation consultation so Gordi can review the facts of your case, explain your rights under Arizona’s Wrongful Death Act, and tell you honestly what she believes the claim is worth. There is no fee unless your family wins, and there is no pressure to proceed until you are ready.
The two-year filing deadline under A.R.S. 12-542 is firm, and critical evidence can be lost in the first days after a fatal accident. Reaching out now costs nothing and protects your family’s options. Gordi is available 24 hours a day, seven days a week, in English, Spanish, and Serbo-Croatian.
Get Your Free Consultation - Available 24/7Under A.R.S. 12-612, the right to file a wrongful death claim in Arizona belongs first to the surviving spouse and children of the deceased. If there is no surviving spouse or child, the deceased’s parents may bring the action. If none of those family members exist, the personal representative of the estate may file on behalf of the estate.
It is important to understand that the wrongful death claim belongs to the surviving family members as their own legal right, not as an extension of the deceased’s estate. This means the damages recovered go directly to the qualifying family members, not through the probate process, unless the estate itself is the claimant.
The standard statute of limitations for a wrongful death claim in Arizona is two years from the date of death, as set by A.R.S. 12-542. Missing this deadline will almost certainly result in the court dismissing your case entirely, no matter how strong the evidence is.
There is an important exception: if the responsible party is a government entity, such as the City of Tempe, the Arizona Department of Transportation, or another public body, you must file a Notice of Claim within 180 days of the death under A.R.S. 12-821.01. Failure to file that notice on time bars the claim against the government defendant. Because these deadlines are so strict, contacting an attorney as soon as possible after the death is critical.
Arizona follows a pure comparative fault system under A.R.S. 12-2505. This means that even if the deceased was partially responsible for the accident, your family can still recover damages. The total award is simply reduced by the percentage of fault attributed to the deceased.
For example, if a pedestrian was struck and killed on Apache Boulevard while crossing outside a marked crosswalk, the at-fault driver’s insurer will likely argue the pedestrian shared some responsibility. If a jury found the deceased 20 percent at fault, the family’s recovery would be reduced by 20 percent. Arizona does not bar recovery entirely unless the deceased was 100 percent at fault, which is rarely the case in a legitimate wrongful death claim.
Wrongful death lawsuits arising from incidents in Tempe are filed in Maricopa County Superior Court. Tempe is located entirely within Maricopa County, so there is no question of jurisdiction. The case proceeds through the standard civil litigation process: filing a complaint, serving the defendant, conducting discovery (which includes depositions, document requests, and expert disclosures), and then either settling or proceeding to trial before a Maricopa County jury.
The vast majority of wrongful death cases settle before trial, but the strength of your case at trial directly affects the settlement value. An attorney who is genuinely prepared to try the case in Maricopa County Superior Court will consistently achieve better results than one who is not.
Elmm Law Group handles wrongful death cases on a contingency fee basis. This means you pay no attorney fees upfront and no attorney fees at all unless your family recovers compensation through settlement or a court judgment. The initial consultation is completely free.
This arrangement means that families who have just lost a loved one and are facing funeral costs, lost income, and medical bills do not have to worry about paying legal fees out of pocket to pursue justice. The firm’s interests are aligned with your family’s: Gordi is paid only when you win.
Yes. A civil wrongful death claim is completely separate from any criminal prosecution. Even if the driver who caused the fatal accident on Mill Avenue or elsewhere in Tempe is charged with DUI, vehicular manslaughter, or another crime, your family can pursue a civil wrongful death lawsuit at the same time. The criminal case does not need to conclude, or even result in a conviction, for your civil claim to succeed.
In fact, a criminal conviction or a guilty plea can serve as powerful evidence in your civil case. Additionally, cases involving DUI or other extreme recklessness may support a claim for punitive damages in addition to the standard compensatory damages available under A.R.S. 12-613, potentially increasing the total recovery for your family.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
Take your first step towards speaking with our office by contacting us for a FREE consultation today. Call us at (480) 329-5084 or complete the form below. We look forward to evaluating your case!