Losing a loved one, be it a family member, a romantic partner, or a friend can be devastating. Even when we’re prepared for their loss, it doesn’t get any easier. It’s emotionally and mentally taxing.
However, it’s even more painful to realize their death may have been avoidable. Especially if they were fit, healthy individuals whose lives were placed at stake as a result of personal or professional negligence or misconduct, in which case it’s essential to follow up and investigate what’s known as ‘wrongful death.’
Understanding how wrongful death is interpreted
Wrongful death claims are filed on behalf of individuals who, if living, would be entitled to a personal injury claim. It’s a complex legal phenomenon that requires close scrutiny and familiarity with the state’s law.
Each state approaches it in a different way, with Arkansas’s statute of limitations giving up to three years within the occurrence of the death to make a claim. This means, generally descendants such as family members can have up to 36 months to make a claim on behalf of their loved ones.
Scenarios where wrongful death applies
Typically, as stated above, scenarios that would have otherwise resulted in personal injuries are the ones that give way to wrongful death claims as well. These scenarios include medical negligence and malpractice by doctors or healthcare workers, car accidents including drunk driving and hit-and-runs
Often these claims tend to overlap with others, such as state or federal lawsuits against the accused,.
Who can file a wrongful death claim?
Since, of course, the victim themselves cannot file the claim, states have identified various individuals who can do so on their behalf. This includes immediate blood or legal relatives such as parents, siblings, children, or spouses, but also offers exceptions for those without legal heirs and blood relatives.
There are also specific laws regarding the dividend of damages and who receives what and how much. This depends on the type of claim that is filed, be it an estate claim that covers damages for funeral costs, medical bills, wages, and other relevant costs and family costs, which are in lieu of the familial bond, household value, and contribution an individual offered.
What role does the attorney play?
A personal injury attorney will ensure that your case is resolved to benefit you and give you the compensation you deserve. The aim is to hold accountable the accused, proving that their actions are what led to the death of your loved one.
Whether it was a breach of their professional duty as a caretaker or healthcare professional, or the result of vehicular manslaughter, it’s essential to prove the death was circumstantial and not of natural causes.
With empathy and thoroughness, I can help you prove your loved one would have survived had it not been for negligence. It can be a difficult time which is why I take my work very seriously.
My job is to help you receive the justice your family deserves. Reach out to me today if you’re in need of an injury attorney in Little Rock, AR.