The Difference Between an Accidental Death and a Wrongful Death
When a loved one dies due to an accident, it’s a tragic event. But if someone other than the deceased is responsible for the accident, it may be time to call a lawyer and seek justice.
If the death is classified as an accident, that’s means no one can be held responsible, and there are no criminal charges or civil lawsuits to pursue. On the other hand, if the same accident occurred because someone else was negligent, and the tragedy could have been prevented, that’s considered a wrongful death.
For example, if your loved one ran through a red light and was struck and killed by another vehicle, that’s an accident. But if the other driver ran the red light and struck and killed your loved one, that’s a wrongful death, and the driver can be held liable. You can file a lawsuit seeking compensation for the pain and suffering your loved one experience, and for financial and emotional scars you and your family suffer.
The Tennessee and Arkansas statute of limitations to file a lawsuit for wrongful death is only one year from the date of the incident. This means you must act quickly to hire a wrongful death attorney to represent you or you may lose all rights to a settlement even if you are very likely to win.
In Mississippi, the wrongful death claim must be filed within three years of the date of death.