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Wrongful death is a legal term used to describe someone’s death that occurred as a result of another’s negligence. A wrongful death may be caused by a car crash, a workplace accident, a bicycle wreck, or another accident. Whatever the cause, surviving family members can seek compensation for their loss. While financial awards cannot replace your loved one, they can help you live more comfortably in the wake of their death.
A skilled wrongful death lawyer could help families pursue compensation within the Little Rock wrongful death statute of limitations. With limited exceptions, failure to meet the legal deadline of three years can result in case dismissal.
In Little Rock, the three-year filing window begins on the date of the wrongful death, except in the following circumstances:
Suppose an employee dies unexpectedly with no apparent cause of death. Later, the deceased’s death is attributed to exposure to toxic chemicals in their workplace. The family has three years from the date of discovery to pursue a case. As the name implies, this date refers to the moment the family discovers the cause of death.
If the court determines that the family should have been aware of the cause earlier, that date may be used to calculate the three-year statute of limitations. A knowledgeable wrongful death lawyer could ensure that your claim is filed within the appropriate time frame.
Tolling refers to a temporary pause to the statute of limitations. This pause may occur if the at-fault party is mentally incapacitated, no longer living in the state, or is evading legal action. Such circumstances can result in an extension, giving families more time to pursue a claim.
In situations involving a government employee or entity, the legal process may be modified. Although the three-year statute of limitations still applies, document filing deadlines may change, and added requirements may need to be met. Working with an experienced attorney could ensure that deadlines and requirements are met.
The personal representative or executor of the deceased’s estate has the priority to file a wrongful death claim in Little Rock. The individual may be named in the will or appointed by the court. If no personal representative exists, the “heirs at law” can file a claim. Heirs may file a claim in the following order: spouse, children, parents, and siblings. The heirs are the beneficiaries of any wrongful death settlement.
Arkansas has no cap on wrongful death awards. However, the courts consider the following factors when making a financial settlement.
Punitive damages may also be awarded as a deterrent to ongoing egregious behavior.
The death of a loved one takes an emotional toll on the surviving family, meaning they may not have the mental strength to pursue a wrongful death claim. However, no family should suffer financial hardships because of another’s negligence.
Contacting a wrongful death attorney could ensure your claim is filed within the Little Rock wrongful death statute of limitations, in turn maximizing your chances of a higher settlement. Call our office today to learn more about how we could help.