Parents strive to protect their children, but sometimes tragedy strikes due to someone else’s carelessness. In Arizona, the loss of a child from wrongful death brings both emotional pain and legal challenges. Knowing how these claims work helps grieving families seek justice for their lost loved ones.
What constitutes the wrongful death of a child?
Arizona law defines wrongful death as a death caused by another party’s “wrongful act, neglect, or default.” For children, this may include:
- Medical errors during childbirth or pediatric care
- School or daycare negligence
- Car crashes caused by reckless drivers
- Faulty products designed for children
- Poor supervision at pools or recreational facilities
Investigators must examine the circumstances of a child’s death to determine if it qualifies as wrongful death under Arizona law.
The legal process for child wrongful death claims
Arizona’s wrongful death claims for children differ from adult cases in several ways:
- Claimants: Only surviving parents or legal guardians can file a wrongful death claim for a minor child in Arizona.
- Time limits: The law requires filing the claim within two years of the child’s death.
- Compensation: Unlike adult cases, child claims don’t typically factor in lost income. Instead, damages may cover:
- Medical and funeral costs
- Loss of companionship
- Parents’ pain and suffering
- Punitive damages for gross negligence
The legal journey often involves gathering evidence, talking with experts and negotiating with insurance companies or opposing lawyers. While money can’t replace a child, pursuing a claim can bring closure and hold responsible parties accountable. It may also prevent similar tragedies from affecting other families.
Families facing this difficult situation should talk to an Arizona wrongful death lawyer. An experienced attorney can guide them through the process and fight for their rights during this challenging time.
