Our sympathy goes out to the family of a nine-year-old boy struck by a pickup truck on a busy street in West Phoenix before the school bus had come to pick him up. Reports say he died later that morning at the hospital. It is always sad to hear about the death of a child.
People often ask us why we pursue personal injury claims in Arizona in cases like these, as money certainly cannot nullify such a loss.
We have put a lot of thought into this issue, and know that money can never take back what has been done. Yet, there are financial implications when a child is lost. If the child’s death is even partially the result of a driver’s negligence, why should a negligent driver not be penalized? The same goes for the insurance company that covers a negligent driver. It is not a question of undoing the damage to the family in cases like these, but lessening the financial impact upon the surviving members of the family.
All sorts of questions, including whether or not the family should pursue a wrongful death claim, follow tragic fatal truck accidents in Phoenix and other personal injury accidents like these. However, even though the law may permit a wrongful death claim to be pursued does not necessarily mean it should be. It is not the law, but instead the family’s unique situation that should be taken into account, even if another party’s negligence or neglect caused the death of an innocent victim. Filing a lawsuit is not the best decision for everybody. This being said, others who have suffered the tragic loss of a child want justice. They want someone to be held accountable. They want to know the loss of the child was not in vain. They want someone to say in open court that the life of the child that was lost had value, and that he or she was important. For some people, not filing a wrongful death claim will leave the family even more unfulfilled if there is no measure of justice for their loss.
We never try to convince a family to file a wrongful death lawsuit unless it was in their best interests, even though we are experienced Phoenix Arizona wrongful death attorneys. As practiced and certified specialists in injury and wrongful death, we understand the emotional process parents go through when they lose a child, and feel they should speak with a veteran lawyer who will not try to persuade them, but who will actively answer their questions so that they can decide what is right for them. Nothing can bring back this nine-year-old boy, or any other child who dies in an accident in Arizona or elsewhere. We should not, however, judge those who pursue their rights under the law.
