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UNBORN CHILD MAY RECOVER IN WRONGFUL DEATH CASE

Posted on 11th September 2012 by RadiateWP in Arizona, Blog, Civil Lawsuits

UNBORN CHILD MAY RECOVER IN WRONGFUL DEATH CASEThe statute does not have a gestational period requirement for purposes of its definitional section. Any “child” is a beneficiary under the wrongful death statute. This would include a child adopted during the life, as well as anyone who is genetically determined to be a child, which, under the paternity statutes could be done at any time by DNA testing. If the DNA of the deceased person is preserved from which a chain of custody can be legally established to match the child, irregardless of when the child was born, and there is a legitimate match, then the child would be determined to be a beneficiary under the wrongful death statute. ]]>

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