Arkansas Wrongful Death Lawyer
When a loved one dies because of another person’s negligence, your whole world may come to a standstill.
A lifetime of plans and dreams is suddenly gone, leaving you and your family with funeral expenses and more questions than answers. During this difficult and emotional time, you shouldn’t have to shoulder extra burdens alone. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to struggle with financial hardships because of someone else’s recklessness or carelessness.
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Why Do I Need an Attorney?
When you lose a loved one, you shouldn’t have to worry about bills and paperwork piling up. You need space to grieve and to heal. Our team at Rainwater, Holt & Sexton understands that, and we’re here to support you during this difficult time.
Our experienced attorneys will build a strong case to prove that your loved one wasn’t at fault. With your help, we’ll also paint a picture of what their life would have been like so you can receive adequate compensation for your loss. We know that no amount of money can bring your loved one back — but it can help you and your family on the path toward healing.
Reach out to our wrongful death attorneys today and tell us your story.
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What is Wrongful Death?
When a person or company’s negligence leads to the death of another, surviving family members may be eligible to file a wrongful death claim. Unlike a personal injury claim, wrongful death claims are brought by the family members of the deceased. Similar to personal injury claims, however, they are handled by the civil court system and not the criminal court. Our law firm in Little Rock has plenty of experience dealing with these types of cases.
In Arkansas, a wrongful death civil claim can be filed even if there is already a criminal case underway for the same event. While a criminal case seeks to punish the guilty person or company for their negligence or criminal activity, a civil case seeks to compensate survivors for the financial hardships they may have endured because of the loss of their loved one. This can get complicated, which is why having the help of an experienced wrongful death lawyer is so important.
Wrongful death could occur in numerous ways, but the most common causes of wrongful death include:
The Main Elements of a Wrongful Death Case
In order to win your wrongful death case, your attorney must prove four main elements:
Your attorney must prove that a death occurred. This could have been a direct and sudden death, such as a car accident, or an indirect death, such as asbestos exposure.
Your attorney must also establish that your loved one’s death occurred directly because of another person’s negligence or intention to harm. In the case of a car accident, your attorney must show that the defendant was driving recklessly or carelessly, and that directly led to the death of your loved one.
Your attorney must also establish that you and your family suffered or will suffer losses as a result of the death. If you are the surviving spouse, you may be missing your loved one’s financial contributions to the family, as well as non-economic benefits, such as companionship.
our loved one must have a personal representative appointed for the estate. This could be a surviving family member, such as a child or a spouse.
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How to Prove Negligence
Establishing negligence is the key to winning your wrongful death claim. While this may seem like an easy task to accomplish, it isn’t. Many factors may have contributed to your loved one’s death, including some of their own actions. It’s important to have an attorney on your side with considerable experience building wrongful death cases and winning.
In order to prove negligence, your attorney must establish that the defendant owed your loved one a “duty of care.” A duty of care is essentially a duty to keep others safe. For example, doctors owe their patients a duty of care, drivers owe everyone on the road a duty of care, and store owners owe their patrons and customers a duty of care.
Once a duty of care is established, your attorney will investigate the incident closely to establish that there was a breach in this duty. In other words, that the defendant did something careless, reckless, or intentional that failed to keep others safe. Examples would include a surgical mistake, drunk driving, or failing to adequately salt parking lots in an ice storm.
Establishing negligence is difficult and requires intensive investigation. It may include accident reconstruction, interviewing eyewitnesses, reviewing cell phone records, and examining medical records to build a case that establishes the elements of wrongful death. When there could be multiple parties to blame, this becomes even more complex.
Who Can File a Wrongful Death Claim?
In the state of Arkansas, wrongful claims are generally initiated on behalf of family members, including children, spouses, parents, and in some cases, other family members. If the deceased has no personal representatives, then the wrongful death claim can be filed by the closest relatives under Arkansas law. Family members can seek support from a wrongful death attorney and law firm.
In order to win a wrongful death claim, your wrongful death lawyer must establish four critical elements:
In order to win a wrongful death claim, your wrongful death lawyer must establish four critical elements:
- The defendant had a duty of care to the decedent
- The defendant breached this duty of care
- The fatality was caused directly by that breach of duty
- Surviving family members have suffered damages as a result of the fatality
Wrongful Death FAQs
In the state of Arkansas, surviving family members only have three years from the date of death to file a wrongful death claim. This is known as the statute of limitations, and if you miss this deadline, you could be barred from ever filing a claim. While this may seem like a lot of time to file a wrongful death claim, those three years can pass quickly when families are grieving and struggling with life after the loss of a loved one. The best way to avoid missing any critical deadlines is to contact a wrongful death lawyer immediately.
Sometimes a wrongful death is evident, such as after a car accident. Other times, proving wrongful death takes extensive investigation into the incident and into the factors that contributed to your loved one’s death. In cases of medical malpractice, defective products, or dangerous drugs, a wrongful death attorney may need to investigate closely to prove your case.
No, Arkansas law is very specific and different from other state laws. Speak to an attorney with extensive knowledge of wrongful death laws in Arkansas. Our law firm in Little Rock provides expert wrongful death attorneys who know Arkansas law in and out.
According to the IRS, wrongful death damages fall into compensation for injuries and are, therefore, income tax-free. They may be subject to the estate tax, however, so it’s important to discuss the tax implications with your wrongful death lawyer.
Contact a wrongful death attorney as quickly as possible. Immediately after a tragic accident, valuable evidence can be lost or destroyed. Your wrongful death lawyer will be able to help collect the evidence you need to prove your case and win the compensation you and your family need. Our lawyers in Little Rock can help from day one.
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