Questions to Ask a Wrongful Death Lawyer in Arizona

TL;DR

When meeting with a wrongful death lawyer in Arizona, you need to ask specific questions to determine their experience, case strategy, and fee structure. Key questions include: “How many wrongful death cases have you successfully handled in Arizona?”, “What are the strengths and weaknesses of my case?”, “What is your contingency fee percentage and how are case expenses handled?”, and “Who will be the primary attorney managing my case?”. These questions help you evaluate their expertise with Arizona-specific laws, understand the potential of your claim, clarify all financial obligations, and ensure you know who will be your main point of contact throughout the legal process.

Key Highlights

Experience: Ask about their specific track record with wrongful death cases in Arizona, not just general personal injury.
Case Assessment: Inquire about their initial evaluation of your claim, including potential liable parties and legal strategy.
Fees and Costs: Demand a clear explanation of their contingency fee and how expenses like expert witnesses are paid.
Process and Timeline: Get a realistic overview of the legal steps involved and an estimated timeframe for your case.
Damages: Understand what types of compensation are available under Arizona law and how the lawyer will calculate the value of your claim.
Communication: Clarify who will handle your case and how the firm will keep you informed of all progress.

The loss of a family member is a profound and life-altering event. When that loss is caused by the negligence or wrongful act of another, it adds a layer of injustice that can be difficult to process. In Arizona, unintentional injuries are a leading cause of death, with thousands of families facing this reality each year due to events like motor vehicle collisions, medical errors, and workplace incidents. These are not mere statistics; they represent individuals whose futures were cut short and families left to cope with the emotional and financial fallout.

Under Arizona law, surviving family members have the right to seek justice and financial stability through a wrongful death claim. These civil actions are governed by specific state statutes, primarily the Arizona Revised Statutes (A.R.S.) § 12-611 and § 12-612. These laws define what constitutes a wrongful death and designate who is eligible to file a claim, which typically includes the surviving spouse, children, or parents of the deceased. The statute of limitations for filing a wrongful death claim in Arizona is generally two years from the date of death, making timely action essential.

Choosing the right legal representative is one of the most critical decisions you will make. The attorney you select will be your advocate, your guide, and your partner in holding the responsible parties accountable. To make an informed choice, you must be prepared to ask direct and detailed questions during your initial consultations. This conversation is not just about finding a lawyer; it is about finding the right lawyer for your family’s specific situation, one who has the experience, resources, and dedication to properly handle your claim.

Questions About the Lawyer’s Experience and Track Record

The first step in vetting a potential attorney is to confirm their specific expertise in wrongful death litigation within Arizona. General personal injury experience is not enough. Wrongful death cases involve distinct legal principles, different types of damages, and unique emotional sensitivities. You need an attorney who has a proven history of success in this specific area of law.

How many wrongful death cases have you personally handled in Arizona?

This question is direct and aims to quantify the lawyer’s experience. A confident and experienced attorney will be able to provide a clear answer. Follow-up questions can provide even more insight:

“How many of those cases went to trial versus settling out of court?” This helps you understand if they are prepared to go the distance. While most cases settle, an attorney’s willingness and ability to win in court often leads to better settlement offers from insurance companies.
“What percentage of your practice is dedicated to wrongful death claims?” A lawyer who dedicates a significant portion of their practice to these cases is more likely to be current on legal precedents and strategies specific to Arizona courts.

An attorney who is vague or hesitates to answer these questions may lack the focused experience your case requires. You are looking for a specialist, not a generalist.

What is your success rate with these cases, including settlements and trial verdicts?

While past results do not guarantee future outcomes, a strong track record is a powerful indicator of competence. An experienced lawyer should be able to discuss their history of securing favorable results for their clients. Be specific in your inquiry:

Ask about the range of settlements and verdicts they have obtained.
Inquire about their ability to successfully negotiate with large insurance companies.
Discuss their experience in both state and federal courts in Arizona, depending on the details of your case.

A lawyer who is proud of their work will be open to discussing their past successes. They may not be able to share confidential details about specific cases, but they can speak in general terms about the types of results they have achieved for families in situations similar to yours.

Have you handled cases with circumstances similar to mine?

Wrongful death can result from many different situations, each with its own set of legal challenges. A case arising from a commercial trucking accident involves different evidence and experts than one resulting from medical malpractice or a defective product. It is vital that your attorney has experience with the specific type of incident that led to your loved one’s death.

Ask them to describe their experience with cases involving:

Motor Vehicle Accidents: Including car, truck, and motorcycle collisions.
Medical Malpractice: Such as surgical errors, misdiagnosis, or birth injuries.
Workplace Incidents: Especially in high-risk industries like construction.
Premises Liability: Cases where a dangerous property condition led to a fatal injury.
Defective Products: Claims against manufacturers for unsafe products.

An attorney with direct experience in a similar case will already understand the types of evidence needed, the expert witnesses to hire, and the common defense tactics used by the opposing side.

Understanding Your Case’s Viability and Strategy

Once you have established the attorney’s credentials, the conversation should shift to the specifics of your potential claim. A good lawyer will provide a candid and realistic assessment based on the information you provide. This part of the consultation is crucial for setting expectations and understanding the path forward.

Based on what you know, do I have a valid wrongful death claim under Arizona law?

An attorney should be able to give you a preliminary opinion on the merits of your case. To establish a valid wrongful death claim in Arizona, four key elements must be proven:

Duty of Care: The defendant owed the deceased a duty to act with reasonable care. (e.g., A driver has a duty to obey traffic laws).
Breach of Duty: The defendant failed to meet that duty through a negligent or wrongful act. (e.g., The driver was speeding or texting).
Causation: This breach of duty directly caused the death of your loved one.
Damages: The surviving family members have suffered measurable damages as a result of the death.

The lawyer should explain these elements in plain language and apply them to the facts of your situation. They should also confirm that you are a “statutory beneficiary” under A.R.S. § 12-612, meaning you have the legal right to file the claim.

What are the potential strengths and weaknesses of my case?

No case is perfect. An honest attorney will not just tell you what you want to hear; they will provide a balanced assessment. Understanding the potential challenges from the beginning is essential for making informed decisions.

Strengths: These could include clear evidence of negligence (like a police report citing the other driver at fault), multiple witnesses, or straightforward proof of financial losses.
Weaknesses: These might involve issues of comparative fault (where the deceased may have been partially responsible), a lack of clear evidence, or complex medical questions that require extensive expert testimony.

A lawyer who only highlights the strengths and promises a quick, massive payout may not be giving you the full picture. You want a strategic partner who is prepared for the challenges ahead.

Who do you believe are the liable parties?

In some cases, liability is clear. In others, there may be multiple responsible parties. For example, in a commercial trucking accident, liable parties could include the truck driver, the trucking company, the company that loaded the cargo, and the manufacturer of a faulty truck part. A thorough attorney will look beyond the obvious to identify all potential sources of recovery. This is critical because it can significantly impact the total amount of compensation available to your family.

What is your proposed legal strategy for this case?

The attorney should be able to outline a general plan of action. This demonstrates that they are already thinking strategically about how to build a strong case for you. Their initial strategy should cover key steps:

Investigation: What evidence needs to be collected immediately? This could include accident scene photos, witness statements, medical records, and expert consultations.
Filing the Claim: The process of formally filing a lawsuit in the appropriate Arizona court, such as the Maricopa County Superior Court.
Discovery: The plan for gathering information from the defendants through depositions, interrogatories, and requests for documents.
Negotiation and Trial: Their approach to settlement negotiations and their readiness to take the case to trial if a fair offer is not made.

This discussion will give you a sense of the lawyer’s proactive approach and their vision for achieving a successful outcome.

The Legal Process and Timeline

A wrongful death lawsuit can be a lengthy and complex process. It is important to have a clear understanding of the journey ahead. A good attorney will demystify the process and provide a realistic, though estimated, timeline. This helps manage expectations and reduces anxiety about the unknown.

What are the steps involved in a wrongful death lawsuit in Arizona?

The lawyer should walk you through the typical lifecycle of a case. While every case is unique, the general stages are consistent. Ask them to explain each step in a way you can understand:

Initial Investigation: Gathering all relevant evidence, such as police reports, medical records, employment records, and expert opinions.
Filing the Complaint: Drafting and filing the official legal document that starts the lawsuit. This document outlines the allegations against the defendant(s).
Service of Process: Formally delivering the complaint to the defendants, who then have a set period to file a response.
The Discovery Phase: This is often the longest part of the case. Both sides exchange information through written questions (interrogatories), requests for documents, and sworn testimony taken out of court (depositions).
Mediation and Settlement Negotiations: Before trial, the parties will usually attempt to resolve the case through negotiation, often with the help of a neutral third-party mediator.
Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will hear the evidence and render a verdict.

Understanding this roadmap helps you prepare mentally for what is to come.

How long do you expect this process to take?

While it is impossible to give an exact date, an experienced attorney can provide an estimated timeframe based on the complexity of your case, the court’s schedule, and the likely behavior of the defendants and their insurance company. A straightforward case might resolve in a year, while a complex medical malpractice case could take several years to conclude. Be wary of any lawyer who promises a quick resolution without first understanding all the facts.

How will you keep me updated on the progress of my case?

Clear and consistent communication is the foundation of a good attorney-client relationship. You need to know how and when you will receive updates.

Frequency: Will you receive updates monthly, or only when there are significant developments?
Method: Do they prefer to communicate by phone, email, or in-person meetings?
Point of Contact: Will you be speaking directly with the attorney, or will a paralegal be your primary contact for routine updates?

Establish these expectations from the start to ensure you feel informed and involved throughout the process.

What will be my role and level of involvement?

Ask what will be required of you. Your involvement will be most critical during the discovery phase. You will likely need to:

Help gather documents, such as financial records and family photos.
Answer written questions from the defense (interrogatories).
Potentially give a deposition, where you answer questions under oath.

A good lawyer will prepare you thoroughly for each step, ensuring you know what to expect and feel comfortable with your role in the process.

Costs, Fees, and Financial Arrangements

The financial aspect of hiring a lawyer is a major concern for most families. Reputable wrongful death attorneys in Arizona work on a contingency fee basis, which means you do not pay any attorney fees unless they win your case. However, the details of this arrangement must be crystal clear before you sign any agreement.

How do you structure your fees?

Confirm that the firm works on a contingency fee basis. This arrangement aligns the lawyer’s interests with yours; they only get paid if you do. If a lawyer asks for an upfront retainer or hourly fees for a wrongful death case, it is a significant red flag.

What is your contingency fee percentage?

The standard contingency fee in Arizona typically ranges from 33.3% to 40% of the total recovery. The percentage can sometimes vary depending on whether the case settles before a lawsuit is filed, after it is filed, or after a trial begins. Ask for a clear breakdown:

Is the percentage calculated before or after case expenses are deducted? This is a critical detail that can significantly affect your net recovery.
Does the percentage change as the case progresses?

A transparent lawyer will have no problem explaining their fee structure in detail.

Who pays for case expenses, and how are they handled?

A lawsuit involves costs beyond attorney fees. These are known as “case expenses” and can include:

Court filing fees
Fees for expert witnesses (e.g., medical experts, accident reconstructionists)
Costs for depositions and transcripts
Fees for obtaining records and reports
Investigation costs

Most reputable firms will advance these costs on your behalf and then be reimbursed from the settlement or verdict at the end of the case. You must clarify if these expenses are deducted from the total recovery before the attorney’s percentage is calculated or after. The difference can amount to thousands of dollars.

Example: On a $300,000 settlement with $20,000 in expenses and a 33.3% fee:

Fee calculated after expenses: ($300,000 – $20,000) = $280,000. Fee is $93,240. Your net is $186,760.
Fee calculated before expenses: Fee is $100,000. ($300,000 – $100,000 – $20,000). Your net is $180,000.

Ask for this to be explicitly stated in the fee agreement.

Can you provide a written fee agreement that I can review?

Never proceed with a lawyer based on a verbal agreement. Demand a written contract that clearly outlines all fees, costs, and responsibilities. Take it home, read it carefully, and do not sign it until you understand and agree with every term.

Calculating and Pursuing Damages

Understanding the potential value of your claim is essential. In Arizona, wrongful death damages are intended to compensate the surviving family members for their losses. An experienced attorney can explain the different types of damages available and how they will build a case to maximize your family’s recovery.

What types of damages can be recovered in an Arizona wrongful death claim?

Arizona law allows statutory beneficiaries to recover compensation for a wide range of losses. The lawyer should explain these categories to you:

Economic Damages: These are tangible financial losses that can be calculated.
- The deceased person’s lost wages and benefits they would have earned over their lifetime.
- The value of lost household services (e.g., childcare, home maintenance).
- Medical expenses incurred between the injury and the time of death.
- Funeral and burial expenses.
Non-Economic Damages: These are intangible losses that compensate for the human cost of the death.
- The sorrow, grief, and mental anguish of the survivors.
- The loss of love, companionship, comfort, and guidance.
- The pain and suffering the deceased experienced before their death (this is technically part of a separate “survivor” claim, which is often brought alongside the wrongful death claim).

How do you calculate the value of a wrongful death claim?

Calculating damages is a complex process. The attorney should explain their methodology. For economic damages, they will likely work with experts like economists and vocational specialists to project future lost income. For non-economic damages, the value is more subjective. An experienced lawyer will draw upon their knowledge of jury verdicts and settlements in similar cases in your specific Arizona jurisdiction (e.g., Maricopa or Pima County) to arrive at a reasonable valuation.

What evidence will we need to gather to prove these damages?

Proving your losses requires extensive documentation. The lawyer should provide a list of the types of evidence they will need to collect, which may include:

The deceased’s past tax returns and pay stubs to prove lost income.
Receipts and invoices for all medical and funeral expenses.
Family photos, videos, and personal letters to demonstrate the close relationship and loss of companionship.
Testimony from family, friends, and coworkers about the impact of the loss.

What is a realistic range for a potential settlement or verdict?

While no attorney can guarantee a specific amount, they should be able to provide a preliminary valuation range based on the facts of your case, the available insurance coverage, and outcomes in similar Arizona cases. Be cautious of lawyers who promise a specific, large number during the first meeting. A thoughtful valuation requires a thorough investigation.

Firm Resources and Client Communication

Finally, you need to understand the practicalities of working with the law firm. A law firm is a team, and you should know who is on your team and how they operate. This ensures a smooth and transparent working relationship.

Who will be the primary attorney working on my case?

In many firms, you may meet with a senior partner for the initial consultation, but a more junior associate might handle the day-to-day work on your case. This is a common practice, but you have a right to know who will be your main point of contact and who will be in the courtroom if your case goes to trial. Ask to meet the entire legal team who will be assigned to your case.

What other staff members will be involved?

A strong legal team includes more than just lawyers. Ask about the paralegals, legal assistants, and investigators who will support your case. Experienced support staff are invaluable for keeping a case organized and moving forward efficiently.

What is the best way to contact you, and what is your typical response time?

Establish clear communication protocols. Will the attorney provide you with their direct email address or cell phone number? What is the firm’s policy on returning client calls and emails? A reasonable expectation is a response within 24 to 48 hours. Knowing this upfront can prevent future frustration.

Do you have the financial resources to take my case to trial if necessary?

Litigating a wrongful death case, especially against a large corporation or insurance company, can be expensive. The costs for expert witnesses alone can run into the tens of thousands of dollars. You need to ensure the law firm has the financial stability to fund your case all the way through trial without cutting corners. A well-funded firm can afford the best experts and will not be pressured into accepting a low settlement offer because they cannot afford to continue the fight.

Contact an experienced wrongful death lawyer today.

Making Your Decision

Losing a loved one because of someone else’s actions is a devastating experience. The legal process that follows should provide a path to justice, not add to your family’s burden. By asking these detailed questions, you empower yourself to choose an Arizona wrongful death attorney who is not only highly skilled but also transparent, communicative, and genuinely committed to your family’s well-being. The initial consultation is your opportunity to interview a potential legal partner, and you should leave with a clear understanding of their experience, their plan for your case, and how they will support you at every step.

This is a critical decision that will have a lasting impact on your family’s future. Take your time, speak with more than one attorney, and trust your instincts. The right lawyer will make you feel heard, respected, and confident in the path forward. If you have lost a family member and believe it was due to another’s negligence, do not hesitate to seek legal advice. Contact a qualified and compassionate wrongful death lawyer in Arizona to schedule a free, no-obligation consultation to discuss your rights and options. Contact us today for a free evaluation. Whether you’re dealing with a personal injury, criminal charge, or family matter, we’ll provide the guidance you need to make informed decisions. Reach out now, and let’s work together to build a strong case on your behalf.