Wrongful Death Claim Options

Summary

In Arkansas, you may file a wrongful death claim if your spouse was a co-driver killed in a semi-truck accident. Eligible parties include spouses, children, parents, or personal representatives. The statute of limitations is three years from the date of death. You may sue the estate of the deceased driver, the trucking company, or other responsible parties. Filing can occur in the county of the accident or where defendants reside. Federal court is an option if diversity of citizenship exists and the amount exceeds $75,000. For the trucking company in Pilot Mountain, NC, file in the Middle District of North Carolina; for the accident in Arkansas, file in the Western District of Arkansas. Consulting a wrongful death attorney is advisable for detailed guidance.

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Share my what
I'm very sorry to hear about your loss. To provide better assistance, could you please tell me the city and state where the accident occurred? This will help me provide accurate information relevant to your location.
Rural Franklin, Arkansas on i-* west
I'm very sorry for your loss. In Arkansas, you may be able to file a wrongful death claim. Here are some key points:
- Eligible parties: Spouses, children, parents, or personal representatives of the deceased.
- Statute of limitations: 3 years from the date of death.
For more specific guidance, you may want to contact the nearest court.

Franklin County Courthouse


Phone: (*) *-*
Address: * W Commercial St, Ozark, AR *
Website: www.franklincountyar.org
Who do I sue? The driver of the semi is dead too
In a wrongful death case, you may sue the estate of the deceased driver, the trucking company, or other potentially responsible parties. It may be beneficial to consult with a wrongful death attorney for detailed guidance.
For further assistance, you may contact:

Franklin County Courthouse


Phone: (*) *-*
Address: * W Commercial St, Ozark, AR *
Website: www.franklincountyar.org
What courts can I file in?
You may file a wrongful death claim in the county where the accident occurred or where the defendants reside. For your specific case:

Franklin County Courthouse


Phone: (*) *-*
Address: * W Commercial St, Ozark, AR *
Website: www.franklincountyar.org

Would you like more information on filing procedures?
The trucking company is in North Carolina
You may consider filing the wrongful death claim in both Arkansas, where the accident occurred, and North Carolina, where the trucking company is based. Consulting a wrongful death attorney in either state could provide you with the best guidance.
Would you like more information on finding attorneys or filing procedures in North Carolina?
Can I sue in federal court
You may sue in federal court if there is diversity of citizenship (parties from different states) and the amount in controversy exceeds $*,*. Given the trucking company is in North Carolina and the accident occurred in Arkansas, this may apply.
Would you like more information on federal court filing procedures?
Which federal district would I file
Based on the information provided, you may file your case in the federal district where the accident occurred or where the defendant resides. For your situation:
- Accident occurred in Arkansas: **Western District of Arkansas**
- Defendant (trucking company) in North Carolina: **Eastern District of North Carolina**
Would you like more information on filing procedures in either district?
Pilot mountain NC is where the trucking company is located
Thank you for providing that detail. Here’s the information:
- For the trucking company in Pilot Mountain, NC, you'd file in the **Middle District of North Carolina**.
- For the accident in Arkansas, you'd file in the **Western District of Arkansas**.
Would you like more information on filing procedures in either district?
Do I have to sue the driver's estate in order to sue the company?
In a wrongful death case, you may not necessarily have to sue the driver's estate to sue the trucking company. You can pursue a claim against the company based on their liability and the circumstances of the accident.
For specific guidance, you might consider consulting with a wrongful death attorney. Would you like more information on finding an attorney or further filing procedures?