When a child dies because of someone else's negligence — a driver who ran a red light, a property owner who failed to secure a pool, a product that was defectively made — Arizona law gives parents a path to hold that person accountable. No outcome changes what happened, but the process of pursuing a claim can provide closure and prevent similar harm to others.
Who can file and what they can recover
Arizona's wrongful death statute (A.R.S. § 12-611) allows a wrongful death claim to be filed by the surviving parent, spouse, child, or the personal representative of the estate. For a child's death, parents are the natural claimants. Recoverable damages include the parents' loss of love, affection, and companionship — given the full life the child would have lived, these losses extend over decades. Funeral and burial expenses are also recoverable. In cases involving conscious pain and suffering before death, a survival action (A.R.S. § 14-3110) can be filed alongside the wrongful death claim to recover those pre-death damages through the estate.
What you have to prove
The foundation is the same as any negligence claim: the defendant owed a duty, breached it, the breach caused the death, and damages resulted. In cases involving children and swimming pools, the attractive nuisance doctrine extends this duty even to child trespassers. In vehicle crashes, traffic law violations establish breach directly. Evidence — police reports, surveillance footage, medical records, witness statements — should be preserved from the first day.
The filing deadline
Arizona gives wrongful death claimants two years from the date of death (A.R.S. § 12-542). For claims involving government entities, a Notice of Claim must be filed within 180 days. See our post on the Arizona personal injury statute of limitations.
Our wrongful death attorneys handle child death claims throughout Arizona on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.