It’s devastating to lose a loved one–especially if their lives are cut short by circumstances that could have been avoided or when someone else is to blame.
While the void a loved one leaves behind cannot be quantified or assigned a price tag, in wrongful death cases, it is fair to ask for compensation to offset ensuing financial difficulties and hold at-fault parties (or their insurance companies) accountable.
This compensation addresses the loss of companionship, financial/emotional support, guidance, family services, etc. that your loved one formerly provided and is meant to provide you with a form of closure and justice.
Our team of experienced attorneys will help you file a wrongful death lawsuit and fight to ensure you receive the compensation you deserve from at-fault parties.
About Wrongful Death Claims in Arkansas
A wrongful death is one that occurs due to the negligence, recklessness, or even intentional wrongdoing of another party. Common incidents that can lead to wrongful deaths include:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Hit and runs
- Negligent security incidents
- Defective product incidents
- Medical malpractice
In many of these cases, the person who died would have been able to pursue damages had they survived. Instead, after the person’s death, their family members must file what is known as a “survival action” to recover this compensation. Fortunately, survival actions are a component of wrongful death claims in Arkansas, and together, these legal processes can help the family recover.
Who Can File a Wrongful Death Claim in Arkansas
Family members who can file a wrongful death claim in Arkansas include:
- Surviving Spouse
There are also situations where an “in loco parentis” relationship will allow recovery. Generally speaking, “in loco parentis” means that a person was a “stand-in” parent for a child; for example, when a step-parent or a grandparent assumes the role of a birth parent.
Survival Claims v. Wrongful Death Claims
In Arkansas, death claims are divided into two categories: survival claims and wrongful death claims.
The survival claim is filed by the decedent’s personal representative (the estate) and seeks damages, including funeral and burial expenses, medical expenses accrued before death, the decedent’s pain and suffering before death, and the loss of income as a result of their death.
The wrongful death claim is filed to recover compensation for the losses of the surviving family members, including mental anguish, loss of companionship, loss of financial support, household services, comfort, guidance, and more.
Why Taylor & Taylor Should Fight Your Wrongful Death Case
- Proving fault in any accident that has led to a death can be complicated and often requires knowledge only our experienced team possesses.
- We collaborate with financial professionals and other experts to help determine how the loss of your loved one’s life, plus the anguish, suffering, and financial insecurity of your family, translates monetarily.
- Our firm has a proven track record in reaching fair and just settlements for wrongful death claims.
Contact Us via email, phone, or online chat to schedule your FREE consultation today!