Can I Sue the Driver Who Killed My Family Member in Phoenix Even If They Were Charged Criminally?

Yes. A civil wrongful death lawsuit is entirely separate from any criminal prosecution. The family files the civil claim to seek financial compensation. The state handles criminal charges to pursue punishment. You do not need to wait for the criminal case to conclude before filing your civil claim, and the outcome of one case does not determine the outcome of the other.

What If My Loved One Was Partially at Fault for the Crash?

Arizona uses a pure comparative fault system. If your family member shared some responsibility for the accident, their percentage of fault reduces the total damages the family can recover. However, partial fault does not eliminate the right to file a wrongful death claim. Even if the pedestrian was found 40 percent at fault, the family may still recover 60 percent of the total damages awarded.

How Is Lost Income Calculated in a Phoenix Wrongful Death Case?

Attorneys and economic experts consider the deceased's age, occupation, earnings history, expected career trajectory, and years remaining in the workforce. Benefits such as employer-sponsored health insurance and retirement contributions are also factored in. For a spouse, the household services the deceased provided may be calculated as an additional economic loss. This analysis requires documentation, including tax returns, pay stubs, and employment records.

What Happens to the Wrongful Death Settlement If There Are Multiple Surviving Children?

When multiple beneficiaries are involved, the court or the parties must determine how any settlement or judgment is allocated among them. In some cases, the family agrees on a distribution. In contested situations, a judge may decide. Arizona law requires that all beneficiaries within the same priority class are accounted for in a single wrongful death action, so no individual family member can pursue a separate case for the same death.

How Long Does a Wrongful Death Case Take to Resolve in Arizona?

The timeline varies based on the complexity of the crash, the number of parties involved, and whether the case settles or goes to trial. Cases involving clear liability and cooperative insurance carriers may be resolved within one year. Cases involving disputed fault, government entities, or catastrophic damages can take two years or longer. Our attorneys provide honest timelines based on the specific facts of each case.