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Landowners might be liable for injuries sustained in a restaurant, a store, or any other property in Arkansas. And a Little Rock personal injury lawyer can help victims recover compensation for lost income, medical bills, and more. But just like all other civil and criminal cases, premises liability cases are time-bound.
A review of your case is critical in determining how much time you have left. Luckily, most first-time consultations are not charged, and the legal fees are usually recovered when you win the case.
What is the importance of Moving Quickly with My Premises Liability Claim?
The statute of limitations is the primary reason you should move with speed. Notably, it would be pointless to prepare a good case only to be barred from presenting it in court. Additionally, a lawsuit brought early has more advantages than one filed way later.
Claims are easier to pursue when the incident is still fresh in the witnesses’ and the injured person’s minds. Remember that memories degrade after some time, and it might get harder to investigate your personal injury case as time goes by.
How Long Does It Take to be Time-Barred in Little Rock?
Every liable party wishes that you delay filing and free them from a possible legal obligation. You might not get compensation three years after the date of the accident. But even if you took a while to file a claim, you still have a chance at justice and compensation if you are within the timelines.
While attorneys recommend filing soon after the incident, later is still acceptable. A seasoned personal injury lawyer can do their best and gather all the evidence and prepare an award-winning case in the shortest time possible.
What Kinds of Compensation Can I Receive if I File on Time?
The costs associated with your losses and treatment are not your responsibilities as the premises liability victim in Little Rock. Instead, the party or parties liable for the accident should bear the burden. Therefore, your Little Rock premises liability attorney will document all your damages during the investigation and fight until you receive it in full.
Filing on time might allow you to receive monetary compensation for:
- Lost future earning capacity
- Past, present, and future medical costs
- Lost wages
- Pain and suffering and other intangible losses
For wrongful death, you might receive damages for:
- Emotional trauma
- Loss of household services
- Loss of consortium
- Loss of benefits
- Loss of financial support or earned income
- Deceased’s pain and suffering before death
- Funeral and burial expenses
- Medical costs incurred prior to the deceased’s death
Is it Possible to Miss Out on Compensation After Filing on Time?
Timely filing is a sure way to guarantee that you will get a fair hearing in Little Rock. A session in court involves convincing the judge that the property owner or manager is to blame for your injuries. However, their defense team might use strategic arguments to escape responsibility.
It is rare to miss out on compensation if your claim is properly backed by evidence. However, your damages might reduce if you bear some amount of responsibility. The comparative negligence rule in Arkansas can mitigate the damages by your degree of responsibility.
How Long Should I Wait to Claim for Wrongful Death?
Families often get confused when someone succumbs to the injuries resulting from an accident in another person’s premises. The question of who can file the and when to do it is critical to receiving compensation.
The time limit is usually a year from the day the victim died. A personal representative appointed by the court can file a claim on behalf of the parents, children, and spouses. Alternatively, an “heir at law” can file, including:
- Persons who the deceased cared for in loco parentis
- Persons standing in place of a parent
- The deceased’s siblings, parents, children, or spouse
Do All Family Members Benefit From Timely Filing?
Parents, siblings, children, and the spouse of a victim that died from premise liability injuries are often parties in the case. However, each party only benefits from the damages he/she faces in Little Rock.
For example, most family members suffer emotional trauma when their loved one breathes their last. On the other hand, children and spouses are often victims of lost income. A Little Rock premises liability lawyer can enlighten you on what to expect in compensation.
Can the Court Extend the Statute of Limitations for Wrongful Death?
The statute of limitation would remain one year if the cause of death were clear from the start. But if the discovery was made, later on, the counting begins then. The court can also extend the deadline if the wrongful death leaves a child with no parent.
It is worth noting that the extension for children of the deceased depends on their age. Surviving family members can miss out on the much-needed financial security if they don’t adhere to the new timelines. Consult with a knowledgeable lawyer at Denton & Zachary to determine if you are eligible for an extension.
Why Do I Need an Attorney?
Victims of premises liability need an attorney primarily because of their extensive knowledge of the laws regarding personal injury. And if ordinary people sometimes forget birthdays and anniversaries, a filing timeline can be easy to forget.
Additionally, injured victims should focus on their recovery and forget about deadlines. A premises liability lawyer in Little Rock can easily help in keeping tabs on how much time you have to file and even give you reminders from time to time.
Compassionate Lawyers Helping Injury Victims in Little Rock
An attorney’s work is to use their expertise to secure compensation for victims of other people’s negligent act or lack of it. However, this might not be possible if the time limit has already lapsed. But in some cases, you might be eligible for an extension.
Acting sooner preserves your right to compensation. And even if you think you are late, it is essential to speak to an attorney to learn about the possibilities of your case. Speak to an attorney at Denton & Zachary to inquire about timelines.