Most victims are unaware of the fact about filing a wrongful death lawsuit. What are wrongful death lawsuits, and when can the dependents file wrongful death lawsuits? How can Fayetteville wrongful death lawsuit attorneys help?
Wrongful death lawsuits have the widest scope among all personal injury lawsuits – meaning there are several situations where a wrongful death lawsuit can be filed.
In Fayetteville, a surviving deceased family member can file a wrongful death lawsuit if the death is caused due to the negligence of a third party.
When can I file a wrongful death lawsuit?
If you haven’t heard of wrongful death lawsuits before and have no idea when to file one, here is everything about wrongful death lawsuits in Fayetteville.
Wrongful death lawsuits can be filed when third-party negligence results in death. Such cases include:
- Death resulting from car accidents
The most common wrongful death lawsuits are a result of car accidents. If your loved one lost his/her life in a car accident, the surviving family member (parents/spouse) could file a wrongful death lawsuit against the at-fault driver.
Once you hire a wrongful death lawyer, he looks into the matter, collects evidence, and files a lawsuit if deemed fit. The burden of proof in a wrongful death lawsuit falls over the deceased person’s dependents. Thus, the lawyer will first work on the cause of the car accident. For instance, if the at-fault driver is found driving under influence, the case will be dealt with accordingly. Similarly, a distracted driving case is handled accordingly.
Other reasons for car accidents can include speeding, hit-and-run case, tailgating, poor road conditions, etc. The compensation amount in a wrongful death lawsuit is usually higher than in a general car accident lawsuit.
- Deaths caused due to medical malpractice
Mistakes, negligence, omission, and carelessness by healthcare professionals, doctors, or medical staff can cause the untimely death of a patient. Deaths caused by such acts are termed medical malpractice. For instance, a death caused by leaving surgical equipment inside the body while performing surgery is a part of medical malpractice. Similarly, prescribing wrong medicines that worsen the patient’s condition can cause fatality and would be eligible for a wrongful death lawsuit.
Other medical malpractice cases include improper removal/insertion of surgical devices like IUDs, negligence in pre or post-medical surgery/operation, and more.
Consult an attorney if you hint negligence in medical malpractice. The attorney will thereby study the case and provide the best possible advice.
- Death caused by a truck accident
When a truck accident causes the death of your loved one, you can claim wrongful death compensation by filing a lawsuit against the liable party. Again, consulting an attorney is a must as he/she will work on establishing the liability.
Unlike in the case of car accidents, truck accidents have multiple liable parties. You can sue a driver directly, but the responsibility for the accident falls on the trucking company in most cases. A driver is not the owner of the truck but an employee of the trucking company; thus, the liability of the accident shifts from the driver to his employer.
- Death due to slip and fall accident
A slip and fall accident incurred in a hotel, restaurant, airport, or any public place that results in death is also covered under wrongful death lawsuits. In a slip and fall case – premises liability case, the liability of the accident falls on the property owners.
Such cases also cover death due to malfunctioned elevators, dog bites, poor lighting, faulty fire alarms, exposed electrical wires and more.
- Death due to a work injury
A wrongful death caused at a workplace is usually covered under worker’s compensation. As part of worker’s compensation, the employer must provide lost wages, medical, and death benefits.
Death benefits cover the funeral expenses and the compensation given to the dependents of the deceased. A work injury resulting in death can be due to electrocution, exposure to harmful chemicals, lack of wearing protective gear, working on obsolete machinery etc.
As per the worker’s compensation law in Fayetteville, if the work injury resulted in death within two years of the date of injury, the employer is entitled to compensate the dependents of such a worker.
For more details on getting compensated for a death caused due to work injury, it’s important to consult a worker’s compensation lawyer or a wrongful death lawsuit lawyer in Fayetteville.
- Deaths due to nursing home negligence
Nursing home negligence can also cause the death of your elderly loved one. Such negligence can be caused by giving the wrong medication, giving poor treatment to the elderly, physical and emotional torture by the caregiver, sexual abuse, instilling a feeling of neglect and abandonment in the elderly, and more.
If a nursing home resident dies due to suspected reasons, the loved ones of such a family member can file a nursing abuse wrongful death lawsuit and recover for the damages.
The damages include recovery of funeral expenses, loss of money as part of financial abuse, and more.
- Death due to assault and battery
Sometimes the assault and battery get elevated to the point that it results in the death of one of the parties. Such an assault can be a part of police brutality, verbal and physical assault with the employee, or any other case involving physical violence.
The party who lost their loved one has a right to file a wrongful death lawsuit, no matter if the victim started the fight or not.
What is the statute of limitation for wrongful death lawsuits in Fayetteville?
There is a time limit within which the deceased’s family members can file a wrongful death lawsuit in Fayetteville. In Fayetteville, this period is kept at two years. This means the plaintiff can file the lawsuit within two years of the date of death.
However, experienced attorneys say the sooner the case is filed, the better the chances to claim full compensation. As the event gets older, the evidence gets lost, making it difficult to prove negligence/breach of duty. Breach of duty, proximate cause, and the presence of damages are some of the essential elements that should be proved before the court of law by the attorney to demand compensation.
If you have lost someone due to a third party’s fault, you can consult a wrongful death lawyer in Fayetteville. Contact us today to learn more.
