When you are dealing with the loss of a loved one, you need to have someone you can depend on. That is why we are here for you. We have compassionate, experienced attorneys and a caring, professional staff that are available to talk to you and assist you with any questions you may have.
Your case is always confidential and each of our skilled attorneys can walk you through the complicated and stressful time following your loved one’s passing. There are state laws, insurance companies, medical bills, and more that have to be considered. Dealing with another bill in a time like this is the last thing you need. Let us take care of the paperwork for you.
Call us today at (870) 336-6505 or fill out a free contact request form now. Our attorneys are trustworthy, personable, and sensitive to your needs. Unfortunately, pursuing a wrongful death action will not bring your loved one back to you, but it will ensure that you and your family will have increased financial security in the years to come. We know that planning and paying for a funeral along with sorting through a final will and testament can be emotionally draining and have a hard financial impact on your family. You can count on us to help you through this time of need.
How do I Know if I have a Wrongful Death Claim?
A wrongful death is caused when a person’s life is cut short by the negligence, in whole or part, of the conduct of another. There must be a surviving spouse, children, or beneficiaries or dependents, and money damages resulted from the victim’s death. A wrongful death can be attributed to a motor vehicle accident, medical malpractice, defective products, or other accidents caused by the negligence of someone else.
If you are unsure if you have a claim for a wrongful death action, consider the following elements:
- Family Member or Other Beneficiary
In order for a wrongful death suit to proceed, let alone have any chance of succeeding, an individual must have died and left behind a family member who can pursue the case and claim a significant monetary loss from the death. This can be a spouse, child or some other beneficiary or dependent.
- Defendant’s Fault
For a wrongful death suit to be successful, the plaintiff must prove fault on the part of the defendant. This fault can take the form of actual misconduct, but crucially, it also includes negligence. A wrongful death suit can stem from a wide variety of situations, including car accidents or medical malpractice.
- Proof of Damages
In a successful wrongful death claim, you must prove that the loss of your loved one caused significant financial damage to you and your family. This can be demonstrated in many ways, including looking at lost income from the lost family member, medical expenses incurred during the family member’s treatment, funeral expenses and pain and suffering derived from the loss. Mental anguish is also a factor.
- Time to Claim
In Arkansas, the statute of limitations for a wrongful death claim is three years. It is important to move quickly and contact an experienced wrongful death lawyer if you feel you might have a wrongful death claim.