Wrongful death cases in Arizona take longer than most personal injury claims — and for good reason. The stakes are higher, the damages more complex, and the defendants (and their insurers) more likely to contest liability aggressively. Here's what actually determines the timeline.
The two-year deadline sets the boundary
Arizona's wrongful death statute (A.R.S. § 12-542) gives most claimants two years from the date of death to file a lawsuit. Waiting until the last minute severely limits your attorney's ability to preserve evidence, obtain expert opinions, and build a complete case. The practical deadline is much earlier than the legal one.
Investigation and case building
The first several months after retaining an attorney typically involve obtaining all relevant records — police reports, medical records, employment documentation, witness statements — and identifying all potentially liable parties. In crashes involving commercial vehicles or medical malpractice, expert witness retention happens during this phase. Expert analysis takes time and the expert's availability shapes the schedule.
Demand and negotiation
Once the damages picture is clear and the investigation is complete, your attorney submits a demand package to the responsible party's insurer. Simple cases with clear liability sometimes resolve at this stage — six months to a year out from the incident. Complex cases — multi-vehicle commercial crashes, medical malpractice, products liability — almost always require litigation before any meaningful offer comes.
Litigation
Filing a lawsuit triggers formal discovery: depositions of all parties and witnesses, expert disclosures, written interrogatories, and document requests. Discovery in wrongful death cases typically takes a year or more. Many cases resolve in the months before trial — defendants and insurers become more realistic when trial is genuinely imminent. Cases that go to trial take longer still. A wrongful death case that goes through full trial from filing can take two to four years total.
What you can do
Act early, preserve evidence, and work with counsel who handles wrongful death cases specifically. Delays in investigation make cases harder and cheaper to defend against. Our wrongful death attorneys handle claims throughout Arizona on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.