What’s the Statute of Limitations for Arkansas Wrongful Death Claims?
When someone dies as a result of another person’s negligence, the family of the victim may seek compensation for damages against the party responsible for their loss. But, finding the evidence to build a strong case can take time, so victims’ families shouldn’t wait to file Arkansas wrongful death lawsuits.
Arkansas Statute of Limitations
Statute of limitations is a legal phrase that refers to a time limit for bringing a certain type of case before a court of law. In Arkansas, the statute of limitations for filing a wrongful death lawsuit is one year from the date of the decedent’s death. That might sound like you have all the time in the world to decide whether or not to call a lawyer, but you have less time than you think.
Each state has their own statutes of limitations for different types of cases. It’s important to know the statute of limitations for your potential case, because if you try to file outside of the time limit set by your state’s statute of limitations, your case is likely to be thrown out as time-barred.
If someone was in a car accident in Little Rock on September 2, 2017, and passed away, their family would have one year from the date of the victim’s death to file a lawsuit (until September 2, 2018). An attorney can advise you about the limited exceptions to this rule.
It’s important to understand that your case does not need to be tried by a court or heard by a jury in that time period. The statute of limitations only requires that you file a lawsuit within the set period of time. However, it’s a good idea to get the claims process started as soon as possible after the accident.
Don’t Wait to Call a Lawyer
Here are three reasons you should consider calling a lawyer immediately after an accident:
- Evidence gets lost and witnesses forget.Let’s say you wait half a year before calling a lawyer to represent your loved one. Most, if not all, of the evidence from the accident scene will be gone. In addition, witnesses to the accident may not be able to remember important details that could help your case.
- Medical bills and lost wages start building up.The longer you wait to call a lawyer, the more financial strain you’re putting on yourself and your family.
- The insurance company has a head start.The insurance company will more than likely start building a case against you as soon as they hear of the accident. While you’re spending time thinking about calling a lawyer, the insurance company’s case against you is getting stronger and stronger. The only way to level the playing field is to call a lawyer as soon as possible.
There are very few exceptions to the statute of limitations, so don’t delay getting help if you’ve lost a loved one in an accident.