There is nothing more tragic than a loved one passing away. Even more heartbreaking is when a loved one dies as a result of the negligence of another. Wrongful death occurs when a person dies or is killed due to the negligence or misconduct of another. Such wrongful acts include negligence, an intentional attack and/or battery, death during the commission of a crime, manslaughter, and murder.
Each state has a civil wrongful death statute which requires that a wrongful death claim only be brought by a personal representative of the decedent’s estate. Actions for personal injury, conscious pain and suffering, and/or expenses incurred prior to the decedent’s death are encompassed into the wrongful death claim and may be brought by the personal representative of the estate. If successful in a wrongful death claim, the damage awards will be placed into the estate and may pass to different parties in accordance with the decedent’s Will.
Elements of a Wrongful Death Claim
In order to bring a successful wrongful death claim, there are certain elements that must be embedded into the action:
- The death of a human being as a result of the defendant’s action;
- The surviving family members are suffering a direct injury as a result of the defendant’s negligence or intentional act;
- The surviving family members are suffering financial damages as a result of the decedent’s passing.
Wrongful Death Areas our Attorneys Handle
Our Springdale Attorneys handle a multitude of wrongful death action claims. Wrongful death claims may be brought against:
- A driver or employer at fault in an automobile accident.
- A building designer, builder of a faulty roadway, or builder of a faulty bridge.
- Government agents in charge of providing adequate road hazard warning signs.
- Manufacturers, distributors, or installers of dangerous or faulty equipment in a products liability case.
- Manufacturers, distributors, or installers of dangerous or faulty products as a result of a vehicle collision.
- Negligent or Reckless medical personnel, such as doctors, nurses, or hospital administrators.
- Wrongful death as a result of nursing home abuse or negligence.
- Persons who sold, served, or supplied drugs or alcohol to an impaired driver.
- Owners of premises where alcohol was served, such as a bar or hotel.
How Long do I Have to File a Claim in Springdale?
Similar to personal injury claims, in Arkansas, wrongful death claims must be initiated within one year of the date of the decedent’s death. This is called the statute of limitations on a claim. The statute begins to accrue once it’s reasonably clear that the defendant’s negligence or intentional act played a role in the cause of death of the decedent.
Sometimes, it is not immediately clear that the defendant’s negligence played a role in the death of the plaintiff. Therefore, the one-year statute does not begin to accrue until it is reasonably clear that the defendant’s actions led to the death of a decedent.
Wrongful Death Claims in Springdale – Medical Malpractice
In Springdale, we are experienced in representing clients who have endured catastrophic or fatal injuries.
Many wrongful death claims stem from the negligence by a doctor or hospital. If a loved one has died as a result of the actions taken by medical personnel, you need to call our firm immediately.
Possible locations where your loved one could have been killed or injured as a result of medical malpractice include:
- Northwest Medical Center – Springdale
- Regency Hospital Company – Springdale
- Physician’s Hospital – Fayetteville
- Northwest Primary Care – Springdale
Negligence caused by a healthcare provider is considered medical malpractice, and if a patient dies as a result of the negligence, then wrongful death may be a second claim brought within the medical malpractice lawsuit.
Typically, a wrongful death claim out of a medical malpractice lawsuit involves a medical condition that is misdiagnosed or delayed in diagnosis. Our firm has extensive training and experience in helping clients recover damages in a medical malpractice claim, and if your loved one has died as a result of a healthcare professional’s failure to diagnose or treat, then you need to contact us immediately. We will make sure to fight for every penny you deserve.
Springdale Wrongful Death Attorney Ken Kieklak Is Here To Help With Your Case
If your wife, husband, mother, father, son or daughter was involved in a fatal accident, contact our firm immediately. You need representation that will protect your family’s rights.
For more than 20 years, Ken Kieklak has stood-up for Arkansas families who have suffered the loss of a loved one. For your free and confidential consultation, contact Ken by calling (479) 316-0438 or contact us online today.