Wrongful Death Claims

March 8, 2012 0 Comments

Most people are aware of wrongful death cases because of the famous case against Michael Jackson’s doctor. The trial was publicized so much that it almost made the issue seem isolated from reality. Surprisingly, deaths caused by medication errors total around 7,000 each year. Other causes of wrongful death include slip and fall injuries, car or other vehicle accidents, nursing home abuse, work related injuries, defective drug injuries, dog bite injuries, exposure to toxic materials, and defective product injuries.

A wrongful death claim is one where an individual claims that their loved one’s death was caused by someone else’s wrong doing or bad decision leading to the conduct that caused the death. In Arkansas, two different claims are associated with wrongful death cases. The first is the survival claim where a personal representative of the victim seeks money for the benefit of the victim’s estate based on the claim the victim would have if he or she were still alive. The second claim is for the beneficiaries of the victim to recover for personal losses they have as a result of losing their loved one.  

These claims can be against individuals, hospitals, schools, nursing homes, or other private and public entities.

There is a time limit in Arkansas for bringing wrongful death claims. The statute of limitations is three years from the time the victim dies. Additionally, there are other parts of the law that specify who can bring the lawsuit and what types of loss they can claim.

If you have questions regarding a wrongful death case, please do not wait, call our office today to schedule a meeting with me. If you cannot come to me, I will go to you.