If you need a Scottsdale child injury lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
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If your child was injured in Scottsdale, Arizona, Elmm Law Group can pursue full compensation on your family’s behalf, handling the insurance companies, the paperwork, and the legal complexity so you can focus entirely on your child’s recovery. Attorney Gordana Mikalacki represents injured children and their families throughout Scottsdale and Maricopa County, fighting for every dollar the law allows. Arizona’s special rules for minor injury claims, including extended filing deadlines and court-supervised settlements, make experienced legal guidance essential from the very first step.
The data below comes from government and public-health sources, not marketing claims. Each figure links to its original source so you can verify it.
Arizona law provides injured children with meaningful legal protections that differ significantly from adult personal injury claims, including a tolled statute of limitations under A.R.S. § 12-502, mandatory court approval of any minor’s settlement, and the attractive-nuisance doctrine that can hold property owners liable even when a child was trespassing. Claims against government entities, such as Scottsdale public schools or city parks, require a notice of claim within 180 days of the injury under A.R.S. § 12-821.01, regardless of the child’s age. Understanding these rules from the outset is essential to protecting your child’s rights and maximizing recovery.
Arizona gives injured children meaningful legal protections that differ significantly from adult personal injury claims. Understanding those protections, and the responsibilities they create, is the first step toward protecting your child’s future.
Child injury claims in Scottsdale are more legally complex than adult personal injury cases because they involve unique doctrines, including the attractive-nuisance doctrine, court-supervised settlements, and guardian ad litem requirements, combined with insurance tactics specifically designed to exploit grieving or overwhelmed parents. Insurers routinely argue that an older child was contributorily at fault, and Arizona’s pure comparative fault system (A.R.S. § 12-2505) means any fault assigned to the child reduces recovery. Settling too early, before the full extent of future medical needs and long-term damages is known, can leave a family without the resources to meet those needs for years to come.
Insurance companies and defense attorneys know that child injury claims carry emotional weight, and they use that to their advantage. A quick, low settlement offer presented to grieving or overwhelmed parents may feel like relief, but it often closes the door on compensation the child will desperately need years down the road.
Insurers routinely argue that a child was contributorily at fault, that the child “should have known” not to enter a pool area, not to climb a broken piece of playground equipment, or not to dart into a crosswalk. Arizona follows a pure comparative fault system under A.R.S. § 12-2505, meaning any percentage of fault assigned to the child reduces the recovery. Defense teams exploit this aggressively, particularly in cases involving older children. Countering these arguments requires evidence-based proof that the child’s conduct was foreseeable given their age and developmental stage, a standard courts apply more generously to young children than to adults.
Daycare and school injury claims add another layer: institutional defendants have legal teams, incident-report procedures designed to minimize liability, and insurance carriers experienced at fighting these claims. A daycare may argue that a child’s injury was an unforeseeable accident; a school district may invoke governmental immunity defenses. Cutting through those arguments requires a lawyer who understands both the substantive law and the procedural rules specific to Maricopa County.
Finally, child injuries often produce damages that extend far into the future, ongoing medical treatment, educational accommodations, psychological counseling, and long-term disability. Settling too early, before the full picture is known, can leave a family without the resources to meet those needs. Because the court-approval process requires a complete picture of the child’s injuries and prognosis before a settlement is finalized, Elmm Law Group ensures that medical evaluation is thorough and that future-care projections are fully documented before any agreement is presented to a judge.
Arizona law allows injured children, through their guardian ad litem, to pursue a broad range of damages in a Scottsdale child injury claim, including past and future medical expenses, pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, future lost earning capacity, parent and family out-of-pocket losses, and punitive damages in cases involving egregious or reckless conduct. Because many child injuries carry consequences that will not fully manifest until years later, thorough medical documentation and expert projections of future care needs are essential to maximizing recovery. Every case is different, and the specific damages available depend on the facts, the nature of the injury, and the defendant’s conduct.
Arizona law allows injured children, through their guardian ad litem, to pursue a broad range of damages. Every case is different, but recoverable compensation in a Scottsdale child injury claim may include:
Scottsdale’s mix of upscale residential communities, resort amenities, busy commercial corridors, and popular outdoor spaces creates a distinctive set of hazards for children, with swimming pool accidents, playground and park injuries, school and daycare negligence, pedestrian and bicycle crashes, dog bites, and defective products among the most common causes of serious child injuries in the area. According to the CDC, unintentional injury is the leading cause of death for U.S. children, and drowning is a leading cause among young children, a sobering fact given Scottsdale’s density of private and resort pools. Each of these injury types involves different legal theories, different defendants, and different evidentiary requirements, which is why experienced legal representation matters from the very first step.
Scottsdale’s mix of upscale residential communities, busy commercial corridors, resort amenities, and popular outdoor spaces creates a distinctive set of hazards for children. According to the CDC, unintentional injury is the leading cause of death for U.S. children, and drowning is a leading cause among young children, a sobering fact that underscores why Scottsdale’s density of private and resort pools makes pool-safety failures among the most consequential premises-liability scenarios a family can face. The following are among the most common causes of serious child injuries in the Scottsdale area.
Scottsdale’s climate means that private pools are nearly ubiquitous, in McCormick Ranch neighborhoods, in the gated communities of North Scottsdale off Pima Road and Frank Lloyd Wright Boulevard, and in resort properties throughout the city. The CDC identifies drowning as a leading cause of death among young children, making pool safety failures among the most serious premises-liability scenarios a Scottsdale family can face. Arizona’s pool-barrier law (A.R.S. § 36-1681) requires enclosures around residential pools, but violations are common. When a child gains access to an unfenced or inadequately fenced pool, the property owner may be liable under both the statute and the attractive-nuisance doctrine. A statutory violation under A.R.S. § 36-1681 constitutes negligence per se under Arizona law, meaning the violation itself establishes the breach-of-duty element of the negligence claim without requiring additional proof that the conduct was unreasonable. Liability may extend beyond the pool owner: a homeowners’ association that failed to enforce barrier requirements, a property manager who ignored a broken gate latch, or a resort that allowed public access to an inadequately supervised pool area can each face independent liability depending on the facts.
Scottsdale maintains dozens of public parks, and the Indian Bend Wash greenbelt, a linear park running through the heart of the city along Hayden Road, is one of the most heavily used recreational corridors in the Valley. Defective playground equipment, inadequate surfacing, and poor maintenance at parks along the greenbelt or elsewhere in the city can give rise to premises-liability claims against the City of Scottsdale. Liability in these cases is typically grounded in the city’s duty to maintain public property in a reasonably safe condition; where the defect was known or should have been discovered through routine inspection, the city’s failure to act can establish both breach and causation. Remember: government claims require a 180-day notice of claim under A.R.S. § 12-821.01.
Children spend the majority of their waking hours in schools and daycare facilities, and injuries caused by inadequate supervision, dangerous premises, or negligent staff are more common than many parents realize. Scottsdale Unified School District operates numerous campuses across the city, and private daycares and preschools are concentrated in commercial areas along Scottsdale Road, Shea Boulevard, and Frank Lloyd Wright Boulevard. When a school or daycare fails in its duty of care, the institution, and potentially its insurer, can be held accountable. The duty of care owed by schools and daycares is measured against the standard of a reasonably prudent institution operating under the same or similar circumstances, including applicable Arizona Department of Health Services licensing requirements for child care facilities. Evidence of prior complaints, licensing violations, or understaffing can be decisive in establishing that the institution’s breach was systemic rather than isolated.
The Indian Bend Wash greenbelt and Scottsdale’s extensive path network are popular with children on bikes and on foot, but intersections where paths cross busy roads, particularly along Hayden Road, Scottsdale Road, and near the Loop 101 / Shea Boulevard interchange, present real danger. Old Town Scottsdale’s bar district generates pedestrian-vehicle conflicts, especially during high-traffic events near WestWorld and TPC Scottsdale such as Barrett-Jackson and the Waste Management Phoenix Open, when seasonal visitors unfamiliar with local roads flood corridors like Pima Road and Thompson Peak Parkway.
Arizona imposes strict liability on dog owners for bites that occur in public places or when the victim was lawfully on private property (A.R.S. § 11-1025). Children are the most frequent victims of dog bites, and the injuries, particularly facial injuries, can be severe and permanently disfiguring. North Scottsdale’s residential neighborhoods and the greenbelt trail system are common settings for these incidents. Because Arizona’s dog-bite statute is a strict liability provision, the owner cannot defeat the claim by arguing the dog had no prior history of aggression, the bite itself, occurring in a public place or on property where the child was lawfully present, is sufficient to establish liability.
Defective playground equipment, children’s furniture, car seats, and toys can all cause serious injuries. Product liability claims may be brought against manufacturers, distributors, and retailers under Arizona law regardless of whether the defendant was negligent. These claims may proceed under theories of manufacturing defect, design defect, or failure to warn, and in cases involving recalled products, evidence of the manufacturer’s prior knowledge of the hazard can support a claim for punitive damages.
Scottsdale child injury cases involve a wide range of physical harm, from traumatic brain injuries and near-drowning events to fractures, spinal cord injuries, dog-bite scarring, burn injuries, and psychological trauma, with the most serious cases involving injuries whose full consequences will not manifest until years after the incident. Because unintentional injury is the leading cause of death for U.S. children (CDC), the injuries seen in these cases range from serious but recoverable to catastrophic and life-altering. Thorough medical documentation and expert testimony about long-term prognosis are indispensable to a complete child injury claim in Arizona.
The physical consequences of child injuries vary widely depending on the cause, but the following types of harm appear frequently in the cases Elmm Law Group handles. Because unintentional injury is the leading cause of death for U.S. children, a sobering reality documented by the CDC, the injuries below range from serious but recoverable to catastrophic and life-altering. A critical distinction in child injury cases is that many of these injuries carry consequences that will not fully manifest until years later: a growth-plate fracture sustained at age seven may affect bone development through adolescence; a hypoxic brain injury suffered in a pool submersion may alter a child’s cognitive trajectory in ways that only become apparent as academic demands increase. This is precisely why thorough medical documentation and expert testimony about long-term prognosis are indispensable to a complete child injury claim.
After a child injury in Scottsdale, the most important immediate steps are to seek emergency medical attention, document the scene with photographs, report the incident in writing to the responsible party, preserve all physical evidence and medical records, and avoid giving any recorded statement to an insurance adjuster before speaking with an attorney. If a government entity, such as a city park, public school, or municipal vehicle, may be involved, a notice of claim must be filed within 180 days under A.R.S. § 12-821.01, making prompt legal consultation especially critical. The sooner an attorney is engaged, the better protected your child’s rights will be, because surveillance footage is overwritten quickly and physical conditions at the scene can change.
The actions your family takes in the hours and days after a child injury can significantly affect the strength of your legal claim. Here is a practical guide:
Elmm Law Group builds Scottsdale child injury cases through a disciplined, evidence-first methodology: rapid investigation to secure surveillance footage and maintenance records before they are destroyed, retention of qualified experts including accident reconstructionists and pediatric medical specialists, comprehensive documentation of both current and future damages, and aggressive negotiation backed by full trial preparation. Attorney Gordana Mikalacki’s background as a former Arizona Assistant Attorney General means she has litigated against the same types of institutional defendants, government entities, large insurers, corporate defendants, that families face in child injury claims, giving her firsthand insight into how those defendants build their defenses. When a fair settlement cannot be reached, the firm is fully prepared to take your child’s case before a Maricopa County Superior Court judge and jury.
Attorney Gordana Mikalacki and the Elmm Law Group team approach every child injury case with the same disciplined, evidence-first methodology. Here is how the firm works on your family’s behalf.
The firm moves quickly to secure the evidence that matters most: surveillance footage from parks, schools, commercial properties, or traffic cameras near Scottsdale Road and the Loop 101 corridor; maintenance and inspection records for playgrounds, pools, or daycares; police and incident reports; and witness statements. Where necessary, Elmm Law Group retains qualified experts, accident reconstructionists, pediatric medical specialists, safety engineers, to establish exactly what happened and why.
In pool and premises cases, the firm investigates whether applicable safety codes were violated, whether required barriers were in place, and whether the property owner had prior notice of the dangerous condition. In school and daycare cases, the firm examines supervision ratios, staff training records, and the institution’s history of prior incidents.
Child injury cases frequently turn on expert testimony that goes well beyond standard medical records. Elmm Law Group identifies and retains the right specialists for each case. In vehicle-involved crashes, a qualified accident reconstructionist can establish speed, sight lines, and the precise sequence of events, countering defense narratives that attempt to shift fault to the child. In pool and premises cases, a certified pool-safety or playground-safety expert can document code violations, barrier deficiencies, and industry-standard failures that a lay witness cannot articulate. For TBI, hypoxic brain injury, or growth-plate fractures, a pediatric neurologist or orthopedic specialist can explain to a judge or jury exactly how the injury will affect the child’s development, schooling, and future capacity, evidence that is essential to quantifying long-term damages.
Scene and records preservation is equally critical. The firm issues litigation-hold notices to defendants and third parties as early as possible, demanding that surveillance footage, maintenance logs, inspection reports, daycare incident records, and electronic communications be preserved before routine deletion occurs. Where a physical scene, a pool enclosure, a playground structure, a defective product, must be documented before it is repaired or removed, the firm moves promptly to arrange inspection and, where appropriate, to retain a forensic engineer to document conditions. Life-care planners and vocational rehabilitation experts are engaged in serious injury cases to project the full cost of the child’s future needs, ensuring that the damages presented to the court reflect the child’s lifetime reality, not just current medical bills.
Child injury damages are not limited to the bills sitting on your kitchen counter right now. Elmm Law Group works with medical providers and, where appropriate, life-care planners and vocational experts to project the full cost of your child’s future needs, additional surgeries, therapy, educational support, and any long-term impact on earning capacity. This complete picture is what drives maximum compensation, and it is what Maricopa County Superior Court judges and juries need to see when evaluating a child’s claim.
Most child injury cases resolve through negotiated settlement, but Elmm Law Group prepares every case as though it will go to trial. Insurance companies know which firms are willing to litigate and which are not, and that knowledge shapes every settlement offer. Gordana Mikalacki’s background as a former Arizona Assistant Attorney General means she has litigated on both sides of the courtroom and understands how institutional defendants think. When a fair settlement cannot be reached, the firm is fully prepared to take your child’s case before a Maricopa County Superior Court judge and jury.
When a settlement is reached, the firm guides the family through the court-approval process required for minor settlements in Arizona, ensuring the agreement is properly structured and that any funds held for the child are appropriately protected.
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Scottsdale’s geography, including the Loop 101 / Shea Boulevard crash corridor, the Indian Bend Wash greenbelt path crossings at Hayden Road and Scottsdale Road, Old Town’s bar district, and the seasonal event traffic around WestWorld and TPC Scottsdale, creates specific, location-dependent risks for children that an experienced local attorney must understand to build a complete liability case. All civil personal injury claims for children in Scottsdale are filed in Maricopa County Superior Court in downtown Phoenix, and Elmm Law Group’s office at 3401 N. 32nd St. is a short drive west via Loop 202 or McDowell Road. The firm regularly handles matters before Maricopa County Superior Court judges and serves families throughout Scottsdale, North Scottsdale, McCormick Ranch, and the Airpark area.
Scottsdale’s geography shapes the risk landscape for children in ways that matter to a personal injury claim. The Loop 101 / Shea Boulevard interchange is a documented crash corridor, a child struck by a vehicle near that interchange may involve claims against a distracted or impaired driver, a municipality responsible for crosswalk design, or both. The Indian Bend Wash greenbelt’s path crossings at Hayden Road and Scottsdale Road are points where cyclists and pedestrians, including children, regularly encounter vehicle traffic. Old Town Scottsdale’s dense bar district generates DUI-related pedestrian risk, particularly on weekends and during major events.
Seasonal event traffic is a real factor in Scottsdale child injury cases. During Barrett-Jackson in January and the Waste Management Phoenix Open in February, roads around WestWorld of Scottsdale and TPC Scottsdale, including Pima Road, Bell Road, and Frank Lloyd Wright Boulevard, experience dramatically elevated traffic volumes and a higher proportion of out-of-town drivers unfamiliar with local conditions. A child injured during one of these periods may face a claim involving an out-of-state driver or a commercial vehicle, adding jurisdictional and insurance complexity that requires experienced handling.
Under Arizona law, the attractive-nuisance doctrine (recognized in Arizona Restatement-based case law) imposes a higher duty of care on property owners when artificial conditions on their land are likely to attract children. Scottsdale’s concentration of resort pools, construction sites in rapidly developing North Scottsdale, and private amenity communities makes this doctrine particularly relevant. Establishing that a property owner knew or should have known that children were likely to encounter a dangerous condition, and failed to take reasonable precautions, is central to many Scottsdale child injury claims.
All civil personal injury claims for children in Scottsdale are filed in Maricopa County Superior Court, located in downtown Phoenix. Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive west of Scottsdale via Loop 202 or McDowell Road, and the firm regularly handles matters before Maricopa County Superior Court judges. Families in Scottsdale, North Scottsdale, McCormick Ranch, and the Airpark area are well within the firm’s regular service area.
Gordana “Gordi” Mikalacki, Esq. founded Elmm Law Group to give Arizona injury victims, including children and their families, the kind of rigorous, experienced representation that was once available only to large institutions. Her background is genuinely distinctive in the Arizona personal injury bar.
Gordana earned her J.D. from Sandra Day O’Connor College of Law at Arizona State University. She then served as a law clerk at the Arizona Court of Appeals, where she developed a deep understanding of how appellate courts analyze liability, damages, and procedural questions, knowledge that shapes how she builds cases from day one. She subsequently served as an Arizona Assistant Attorney General, litigating complex civil matters on behalf of the State and gaining firsthand insight into how government entities and institutional defendants defend themselves.
That combined experience, appellate law clerk, state litigator, and now plaintiff’s personal injury attorney, gives Gordana a perspective that most personal injury lawyers simply do not have. She knows the arguments the other side will make because she has made them. She knows what Maricopa County Superior Court judges expect because she has appeared before them and studied their decisions.
Gordana works directly with every client at Elmm Law Group. Families are not handed off to paralegals or junior associates. She is available 24/7 and communicates fluently in English, Spanish, and Serbo-Croatian, a meaningful advantage for Scottsdale’s diverse community of families.
If your child has been injured in Scottsdale, at a pool, a park, a school, a daycare, or anywhere else, you do not have to navigate the legal system alone. Elmm Law Group offers free, no-obligation consultations for families throughout Scottsdale and Maricopa County, and there is no fee unless compensation is recovered for your child. Gordana Mikalacki is available 24 hours a day, seven days a week, and will speak with your family personally, not a call center, not a paralegal. The sooner you reach out, the sooner the firm can begin protecting your child’s rights and preserving the evidence that matters.
Get Your Free Consultation - Available 24/7Elmm Law Group handles the full range of personal injury claims across Scottsdale. If your situation involves more than one of these areas, we handle it under a single case.
Under A.R.S. § 12-502, Arizona tolls, pauses, the standard two-year personal injury statute of limitations while a claimant is a minor. This means the filing deadline generally does not begin running until your child turns 18, giving the family significant additional time compared to an adult claim.
There is a critical exception, however: if the at-fault party is a government entity, such as the City of Scottsdale, Scottsdale Unified School District, or a public park authority, Arizona law requires a notice of claim to be filed within 180 days of the injury under A.R.S. § 12-821.01. Missing this deadline can permanently bar the claim, regardless of the child’s age. If there is any possibility that a government entity is responsible, contact an attorney immediately.
Even when the tolling rule applies, waiting is risky. Surveillance footage is overwritten, witnesses’ memories fade, and physical evidence disappears. Acting promptly gives your family the strongest possible case.
The attractive-nuisance doctrine is a legal principle that holds property owners liable when an artificial condition on their property, a swimming pool, a trampoline, construction equipment, an unfenced pond, is likely to attract children who may not appreciate the danger it poses. Because children lack the judgment of adults, the law imposes a heightened duty of care on property owners to protect them.
In Scottsdale, this doctrine is highly relevant given the city’s density of private swimming pools, resort amenities, and active construction in North Scottsdale. Arizona’s pool-barrier statute (A.R.S. § 36-1681) independently requires enclosures around residential pools. When a property owner violates that statute and a child is injured, the violation is strong evidence of negligence. Even without a statutory violation, a property owner who fails to take reasonable steps to prevent a child from accessing a known hazard may be liable under the attractive-nuisance doctrine.
Yes. In Arizona, any settlement that resolves a personal injury claim on behalf of a minor must be approved by a judge in Maricopa County Superior Court. This requirement exists to protect the child’s interests, not just the parents’, and to ensure that the compensation is fair and that any funds held for the child are properly managed.
The court-approval process involves filing a petition, providing the court with information about the injury, the settlement amount, the proposed attorney’s fees, and how the remaining funds will be held or structured for the child. Elmm Law Group handles this entire process for client families, guiding them through each step so the settlement is properly finalized and the child’s recovery is protected.
Yes, in many circumstances. Schools and daycare facilities owe a duty of reasonable care to the children in their custody. That duty includes adequate supervision, maintaining safe premises, properly training staff, and taking reasonable steps to prevent foreseeable harm. When a school or daycare breaches that duty and a child is injured as a result, the institution can be held liable in a personal injury claim.
If the school is a public institution, part of Scottsdale Unified School District, for example, the 180-day government notice-of-claim requirement under A.R.S. § 12-821.01 applies. Private daycares and schools are not subject to that requirement but may have their own contractual defenses or insurance structures that require careful navigation. In either case, the firm will investigate the institution’s supervision practices, staff-to-child ratios, prior incident history, and compliance with Arizona licensing requirements.
Elmm Law Group handles child injury cases on a contingency-fee basis, which means your family pays no attorney’s fees unless and until compensation is recovered for your child. There is no upfront retainer and no hourly billing. The initial consultation is completely free and carries no obligation.
This arrangement means that every family, regardless of financial situation, has access to the same experienced, aggressive representation. It also means the firm’s interests are fully aligned with your family’s: Elmm Law Group only gets paid when your child does.
Depending on the facts, multiple parties may share responsibility. The driver of the vehicle may be liable for negligent, distracted, or impaired driving. If the crosswalk or path crossing was poorly designed, inadequately marked, or lacked proper signage, the City of Scottsdale or another government entity responsible for that infrastructure may bear partial responsibility, subject to the 180-day notice-of-claim requirement under A.R.S. § 12-821.01.
Arizona’s pure comparative fault system (A.R.S. § 12-2505) allows recovery even when multiple parties share fault, with each defendant responsible for their proportionate share. Elmm Law Group investigates all potential sources of liability, the driver, the vehicle owner, any employer if the driver was on the job, and the relevant government entity, to ensure no avenue of recovery is overlooked for your child.
Child injury claims in Arizona involve legal rules that do not apply to adult personal injury cases, including the court-approval requirement for any minor’s settlement, the guardian ad litem process, the attractive-nuisance doctrine, and the strict 180-day notice-of-claim deadline for government entities. Navigating these requirements without an attorney significantly increases the risk of procedural missteps that can reduce or eliminate your child’s recovery.
Insurance companies are represented by experienced adjusters and defense attorneys whose job is to minimize payouts. Families who negotiate directly with insurers, without legal representation, routinely receive offers that fail to account for future medical needs, long-term disability, or the full range of damages the law allows. Because Elmm Law Group works on a contingency-fee basis, there is no financial barrier to getting experienced representation from the start.
The timeline for a child injury case in Scottsdale depends on several factors: the complexity of the liability issues, the severity of the child’s injuries, how long it takes to reach maximum medical improvement, and whether the case resolves through settlement or proceeds to trial. Straightforward cases with clear liability and documented injuries may resolve in several months; complex cases involving catastrophic injuries, multiple defendants, or disputed liability can take a year or more.
One important consideration specific to child injury cases is that the court-approval process for minor settlements adds time to the resolution, the petition must be filed, a hearing scheduled, and a judge must review and approve the agreement before funds are disbursed. Elmm Law Group manages this process efficiently, but families should understand that the court-approval step is a required part of the timeline, not an optional formality. The firm will not rush a settlement before the full extent of your child’s injuries and future needs is known.
The value of a child injury claim depends on a combination of liability factors and damages factors. On the liability side, the strength of the evidence establishing the defendant’s fault, whether any comparative fault is attributed to the child, the number of potentially liable defendants, and the applicable insurance coverage all affect the range of potential recovery. On the damages side, the severity and permanence of the injury, the cost of past and projected future medical treatment, the impact on the child’s development and future earning capacity, the degree of pain and suffering, and the presence of scarring or disfigurement are all relevant.
Child injury cases often involve higher long-term damages than adult cases because a child injured at a young age will live with the consequences for decades. A growth-plate fracture, a hypoxic brain injury, or a permanent scar carries a different lifetime impact on a seven-year-old than on a forty-year-old. Elmm Law Group works with medical experts and, where appropriate, life-care planners to ensure that the full lifetime cost of your child’s injuries is documented and presented, not just the bills incurred to date.
Yes. Arizona follows a pure comparative fault system under A.R.S. § 12-2505, which means a plaintiff can recover damages even if they were partially at fault, the recovery is simply reduced by the percentage of fault attributed to the plaintiff. If a child is found to be 20% at fault, the family recovers 80% of the total damages established at trial or in settlement.
Importantly, Arizona courts apply a more lenient standard of care to children than to adults. A young child cannot be held to the same standard of self-protective awareness as an adult, and courts consider the child’s age, maturity, and developmental stage when evaluating whether the child’s conduct was reasonable. Defense arguments that a child “should have known better” are common but can be effectively countered with evidence of the child’s age and the foreseeability of the child’s behavior. Elmm Law Group builds this evidence into every case from the investigation stage forward.
The most important rule is this: do not give a recorded statement to any insurance adjuster, whether your own insurer or the at-fault party’s, before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that elicit answers that can later be used to minimize or deny a claim. A statement made in the hours or days after an accident, before the full extent of your child’s injuries is known, can significantly damage your family’s case.
Do not accept any settlement offer from an insurer before consulting an attorney. Early settlement offers are almost always lower than the full value of the claim, and once a release is signed, the claim is closed permanently, regardless of what future medical needs arise. Elmm Law Group handles all insurance communication on behalf of client families from the moment the firm is retained, so parents can focus on their child’s recovery rather than navigating insurer tactics.
Personal injury claims arising from incidents in Scottsdale, including child injury cases, are filed in Maricopa County Superior Court, which is located in downtown Phoenix. Scottsdale is within Maricopa County, so all civil litigation involving Scottsdale incidents falls under the jurisdiction of that court. Smaller claims below the Superior Court jurisdictional threshold may be filed in Maricopa County Justice Court, but most serious child injury cases, particularly those involving significant medical expenses, long-term damages, or the court-approval process for minor settlements, are handled in Superior Court.
Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive west of Scottsdale via Loop 202 or McDowell Road, and the firm regularly appears before Maricopa County Superior Court judges. Families throughout Scottsdale, North Scottsdale, McCormick Ranch, and the Airpark area are well within the firm’s regular service area.
If a government entity, such as the City of Scottsdale, Scottsdale Unified School District, a public park authority, or a government vehicle operator, caused or contributed to your child’s injury, Arizona law imposes a strict procedural requirement: a notice of claim must be filed with the appropriate government entity within 180 days of the injury under A.R.S. § 12-821.01. This deadline applies regardless of the child’s age, the tolling protection under A.R.S. § 12-502 does not override the government notice-of-claim requirement. Missing the 180-day deadline can permanently bar the claim.
Government entities also have access to certain immunity defenses that private defendants do not, and navigating those defenses requires familiarity with Arizona governmental liability law. Attorney Gordana Mikalacki’s background as a former Arizona Assistant Attorney General gives her firsthand insight into how government entities defend these claims, knowledge that is directly applicable to building a case against a public-entity defendant. If there is any possibility that a government entity is involved in your child’s injury, contact an attorney immediately so the notice-of-claim deadline can be met.
The decision between settlement and trial depends on the specific facts of the case, the strength of the evidence, the insurance coverage available, and the full value of the child’s damages. Most child injury cases in Scottsdale resolve through negotiated settlement rather than trial, settlement provides certainty, avoids the time and expense of litigation, and allows the family to move forward. However, settlement is only the right outcome if the amount offered adequately compensates the child for all past and future damages, including long-term medical needs and lost earning capacity.
Elmm Law Group prepares every case as though it will go to trial, because that preparation is what produces strong settlement offers. Insurance companies and defense attorneys know which firms are willing to litigate and which are not, and that knowledge directly shapes the offers they make. When a fair settlement cannot be reached, the firm is fully prepared to take your child’s case before a Maricopa County Superior Court judge and jury. Any settlement reached on behalf of a minor must also be approved by the court, which provides an additional layer of protection ensuring the agreed amount is fair before it becomes final.
When the at-fault party has no insurance or insufficient coverage to compensate your child’s injuries fully, other potential sources of recovery must be explored. Your own auto insurance policy may include uninsured motorist (UM) or underinsured motorist (UIM) coverage that can provide compensation when the at-fault driver’s coverage is inadequate. If the injury occurred on commercial property, the property owner’s commercial general liability policy may provide coverage independent of the individual at fault. In product liability cases, the manufacturer’s or distributor’s insurance may be available regardless of the individual seller’s coverage.
Elmm Law Group investigates all potential sources of insurance coverage and recovery at the outset of every case, including the at-fault party’s policy limits, any umbrella or excess coverage, your own UM/UIM coverage, and any third-party liability that may apply. Identifying every available source of compensation is especially important in child injury cases, where the long-term damages can be substantial and a single policy may be insufficient to cover the child’s lifetime needs.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
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