When a person has died because of another person or party’s wrongful actions or negligence, the executor of the deceased person’s estate can file a lawsuit for wrongful death. When compensation is awarded only the designated “distributes” or the nominated heirs can benefit. If you have recently been bereaved because of someone’s negligence or wrongdoing, this information will and can help you obtain legal recourse.
The Normal Process
A wrongful death lawsuit is governed by a statute of limitations which prevails in all states. While the statute varies from one state to the next, in general it ranges between one to three years from the death of the victim. In the state of Arkansas, the statute of limitations is one year. If you believe you have a just case for wrongful death then the sooner you contact a wrongful death attorney the better. You’ll be advised of your rights, the procedures to be followed, the claim you can raise, and a just settlement if it comes to that. Wrongful death lawsuits are generally handled by a serious injury lawyer.
The Strength of Your Word
Bear in mind that your attorney has a lot of homework to do before being in a position to file a lawsuit. He/she has to gather all the evidence and prepare the appropriate paperwork before submitting it in court. All this has to be done within pendency of the statute of limitations. This is also strongly correlated with your story, the truth, and many details you can conjure up and remember. The first person who will hear your testimony is your lawyer in a safe and secure office somewhere. Of course most likely your friends and family will hear your story as well, perhaps even before you ever meet your attorney.
A Tough Situation
Wrongful death could be caused because of a number of reasons ranging from medical malpractice to a truck accident. The essence of the case rests with proving that death was caused because of someone’s negligence or wrongdoing. Your attorney will inform you if your case qualifies as a wrongful death.
The Settlement Process
A court award or settlement in a wrongful death case goes to the deceased’s estate first then transferred to others according to the terms of the will. Compensation can be claimed on a number of grounds which include medical bills, mental distress, and emotional pain. Your attorney will be able to advise you further.