Can Children Sue for the Wrongful Death of a Parent?

In Arizona, children possess the legal right to file a wrongful death lawsuit when a parent’s death results from another’s negligence or intentional act. This legal avenue allows them to seek compensation for various losses, including emotional distress, loss of companionship, and financial support.

Recent Case in Phoenix

A notable example is the case involving the family of Maricopa County Superior Court Judge Rosa Mroz. In 2023, Judge Mroz was fatally struck by a vehicle while crossing a Phoenix street. Her family subsequently filed a wrongful death lawsuit against Grubhub, alleging that the driver was distracted by his phone while fulfilling a delivery order. This case underscores the legal recourse available to families in Arizona seeking justice for the wrongful death of a loved one. Read more about this case here.

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-612, the right to file a wrongful death claim is extended to the deceased person’s surviving spouse, children, parents, or legal guardian. This statute ensures that children can pursue legal action to recover damages resulting from the loss of a parent. The damages may cover both economic losses, such as lost income and funeral expenses, and non-economic losses, including pain and suffering and loss of companionship.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for wrongful death claims in Arizona. Generally, these claims must be filed within two years from the date of the deceased person’s death. Failing to file within this period can result in the loss of the right to seek compensation. Therefore, timely consultation with an experienced attorney is essential to ensure compliance with all legal deadlines.

What To Do Next

If you’ve lost a parent due to someone else’s negligence or wrongful act, it’s important to understand your legal rights and options. Consulting with a knowledgeable attorney can provide clarity and guidance through the legal process. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for families affected by wrongful death. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure here.

For more information on our services and to read about our past case results, visit our website. If you’re seeking compassionate and experienced legal representation, contact Hirsch Talcott at 602-903-6000 for a free consultation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.