After losing someone in Tempe: what families need to know about a wrongful death claim

Last checked November 8, 2026

We are sorry for your loss. In Tempe, the Maricopa County Medical Examiner, 602-506-3322, reviews non-natural deaths.12 A surviving spouse, child, parent or personal representative may file a wrongful death claim.3 The deadline is generally 2 years from the death,4 and 180 days if a public agency may be responsible.5

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Road map of Tempe with its city streets, shown for families looking for local records after a loss
A claim involving a public agency is due within 180 days. Map data © OpenStreetMap contributors.

What needs to happen first after a death in Tempe?

Nothing here needs to be done today, except caring for yourself and the people around you. Tempe's CARE 7 runs a 24-hour crisis response team.6 Its victim services line, for families touched by a crime, is 480-350-8004.7 These services are free, and you do not need a lawyer to use them.

If the death came from a crash, a fall or another sudden event, the county Medical Examiner may review it. Arizona sends non-natural deaths to that office.2 Most business is done by phone at 602-506-3322, and visits are by appointment.1 The office has a Family Advocate you can reach at (602) 506-3176.8

How do I get a death certificate and the Medical Examiner's report in Tempe?

PaperWho has itWhat to know
Death certificateMaricopa County Vital Registration, 602-506-6805$20 per certified copy.9 Order several, since banks and insurers often keep one.
Certificate marked pendingSame officeIt is still legal proof of death. Some places may ask for more papers later.10
Medical Examiner reportMedical Examiner, 602-506-3322The office aims to finish 90% of reports within 90 days.11 It is free for legal next of kin.12
Hospital recordsThe treating hospitalHonorHealth asks for proof of your right to the records, such as a death certificate.13

How do I get the police report after a fatal crash in Tempe?

Fatal crash reports are not on BuyCrash, so do not be discouraged if a search comes up empty.14 Ask Tempe Police Records through JustFOIA or by email at [email protected].15 You can also go in person to 120 E. 5th Street on a weekday.16 If the crash was on a freeway, Arizona DPS has the report.17 The records are sometimes held back while an investigation is open, and that wait is hard. A detective or advocate can usually tell you what to expect.

You are not alone in this. Tempe recorded 75 fatal crashes in five years on city streets,18 and ADOT counted 32 people killed in Tempe in 2024.19 Behind each number is a family asking these same questions.

Who can file a wrongful death claim in Arizona?

The law names a short list. A surviving spouse, child, parent or guardian, or the personal representative of the estate may bring the claim. It is brought on behalf of the spouse, children or parents, or for the estate if none of them survive.3 Families sometimes need to agree on who steps forward, so a calm talk early can help.

The claim is available when a wrongful act or carelessness caused the death, in the same way the person could have sued if they had lived.20 It can reach a driver, a property owner, a trucking company or an employer's outside contractor.

If the family needs a personal representative, Maricopa Superior Court has informal probate forms. They apply when the person died more than 120 hours ago but less than 2 years ago.21

What if the death happened at work in Tempe?

Families can use the Dependent Benefits Claim Form, Form 120, from the Industrial Commission.22 Employers must report a work death to ADOSH within 8 hours.23 Ask the Claims Division at (602) 542-4661 how that claim and any claim against an outside company fit together.2425

If someone left the scene or was drunk in Tempe, is there help for my family?

Yes. Arizona's crime victim compensation program may help with costs, even if no one is arrested.26 It pays after other sources, such as insurance, are used.27 Tempe's victim services line is listed by the county at 480-350-8270.28 A criminal case and a family's civil claim move on different paths, and a family does not have to wait for one before starting the other.

What can a family recover in a wrongful death claim in Arizona?

An Arizona jury decides what amount is fair for the family's loss.29 No one can honestly promise you a figure. Shared fault rules may also lower the amount.30 Often the question is simply how much insurance exists, and how long it takes to find out. If the person hurt was walking, biking or riding a motorcycle, the facts in the report will matter a great deal.

How long do we have to file a wrongful death claim in Tempe?

Who may be responsibleTime limit
A person or companyUsually 2 years, counted from the date of death4
City of Tempe180 days, filed with the City Clerk, 31 E. 5th Street, 2nd Floor3132
Another public agency180 days for the claim5 and 1 year for a lawsuit33

These dates can arrive during the hardest months of your life. If a city truck, a road problem or a public bus may have played a part, talk to someone soon. You can ask questions without deciding anything.

What should we ask a wrongful death lawyer in Tempe?

  • Who in our family should bring the claim, and do we need a personal representative?
  • Is there any chance a public agency is involved, so the 180-day limit applies?
  • Who will talk to the insurers so that we do not have to?
  • How do you charge, and what do we pay if there is no recovery?

Questions

How long does the Medical Examiner's report take in Maricopa County?

The office aims to finish 90% of reports within 90 days, and timing varies.11

Do we have to pay for the report?

It is free for legal next of kin, and free as an electronic copy.12

Can parents of an adult child file in Arizona?

Parents are among those the law allows to bring the claim.3

Can we use a death certificate marked pending?

Yes. It is legal proof of death, though some places may ask for more later.10

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Tempe

Wrongful death

Arizona

Sources

  1. Maricopa County, Medical Examiner, checked 2026-11-08. “Please contact OME at 602-506-3322 for assistance or to schedule an in-person appointment.”
  2. Maricopa County, Medical Examiner FAQ, checked 2026-11-08. “Death occurring in a suspicious, unusual or non-natural manner”
  3. A.R.S. § 12-612(A), checked 2026-11-08. “An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.”
  4. A.R.S. § 12-542(2), checked 2026-11-08. “2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.”
  5. A.R.S. § 12-821.01(A), checked 2026-11-08. “Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.”
  6. City of Tempe, 24-Hour Crisis Response, checked 2026-11-08. “24-Hour Crisis Response Team”
  7. City of Tempe, CARE 7 Victim Services, checked 2026-11-08. “Call the CARE & HOPE line 480-350-8004”
  8. Maricopa County, Information for Next of Kin, checked 2026-11-08. “Family Advocate: (602) 506-3176”
  9. Maricopa County, Vital Records, checked 2026-11-08. “$20 per certified copy / $30 for corrections and major changes”
  10. Maricopa County, Information for Next of Kin, checked 2026-11-08. “death certificate is legal proof of death.”
  11. Maricopa County, Information for Next of Kin, checked 2026-11-08. “The OME strives to complete 90% of reports within 90 days.”
  12. Maricopa County, Information for Next of Kin, checked 2026-11-08. “There is no fee to obtain a copy of the report if you are legal next of kin or if you request an electronic report.”
  13. HonorHealth, Request medical records, checked 2026-11-08. “please provide proper documentation proving the right to the patient's medical records”
  14. Tempe Police, Public Records Request, checked 2026-11-08. “accidents involving criminal reports such as DUIs and fatal traffic accident reports are not available”
  15. Tempe Police, Public Records Request, checked 2026-11-08. “Email to [email protected]”
  16. Tempe Police, Public Records Request, checked 2026-11-08. “Tempe Police Department – Records 120 E. 5th Street Tempe, AZ 85281 Lobby Hours: Monday–Friday, 8 a.m.–5 p.m.”
  17. Arizona DPS, Request Records, checked 2026-11-08. “maintains records for collisions (accidents) that were investigated by DPS Troopers occurring on an Interstate or State Highway”
  18. City of Tempe, Safety Action Plan (final, October 2026), checked 2026-11-08. “traffic fatalities and 317 involving serious injuries.”
  19. ADOT, 2024 Motor Vehicle Crash Facts, checked 2026-11-08. “| Tempe | 6,637 | 29 | 2,049 | 4,559 | 32 | 3,007 | 295 | 5 | 225 |”
  20. A.R.S. § 12-611, checked 2026-11-08. “When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages”
  21. Maricopa Superior Court, Law Library, checked 2026-11-08. “The person died more than 120 hours ago, but less than 2 years ago”
  22. Industrial Commission of Arizona, checked 2026-11-08. “Dependent Benefits Claim Form - 120”
  23. ADOSH, checked 2026-11-08. “All work-related fatalities within 8 hours following the incident.”
  24. Industrial Commission of Arizona, checked 2026-11-08. “Phoenix: 800 W Washington St, Phoenix AZ 85007 - Phone: (602) 542-4661”
  25. A.R.S. § 23-1023(A), checked 2026-11-08. “by the negligence or wrong of another person not in the same employ, the injured employee, or in event of death the injured employee's dependents, may pursue the injured person's remedy against the other person.”
  26. Arizona Criminal Justice Commission, checked 2026-11-08. “does not require the apprehension or conviction of an offender”
  27. Arizona Criminal Justice Commission, checked 2026-11-08. “the compensation program is always the payer of last resort”
  28. Maricopa County, Victims Rights, checked 2026-11-08. “Tempe 480-350-8270”
  29. A.R.S. § 12-613, checked 2026-11-08. “In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover”
  30. A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
  31. City of Tempe, Risk Management, checked 2026-11-08. “claims must be filed with the City Clerk's Office within 180 days after the cause of action accrues”
  32. City of Tempe, Risk Management, checked 2026-11-08. “City of Tempe City Clerk's Office 31 E. 5th Street, 2nd Floor Tempe, AZ 85281”
  33. A.R.S. § 12-821, checked 2026-11-08. “shall be brought within one year after the cause of action accrues and not afterward”

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