Wrongful Death Attorneys In Jonesboro Working Hard For You

It can be your worst fear realized losing someone you love due to a car accident, a crime, medical malpractice, or other reasons. Obtaining compensation for their death will never bring them back, but it can mean a lighter load for you to bear for your family moving forward. Whether the cause of your loved one’s death was accidental or intentional, filing a wrongful death suit can mean the difference between being able to take care of your family moving forward or continuing to struggle without the financial support your deceased loved one provided.

At OMG Law Firm, we are knowledgeable in these cases through our many years of experience in helping families just like yours. We can appreciate the intense emotions that surround these cases, and we are here to help you untangle the legal aspects and formulate a plan that allows you to move on a little more easily from the immense loss. Contact our Jonesboro, AR offices today at 870-336-6505 to begin the process.

What Does “Wrongful Death” Mean in Arkansas?

Wrongful death in Arkansas is defined as a death that is “caused by a wrongful act, neglect, or default” of another person, company, or corporation. (Ark. Code § 16-62-102 (2021). This can mean things like a car accident that resulted in death, an intentional act such as a crime, or medical malpractice, which occurs when a patient loses their life due to a doctor or other medical professional failing to perform their medical duties properly.

Who Can File a Wrongful Death Suit in Arkansas?

In Arkansas, an executor or personal representative of the deceased person’s estate can file a wrongful death suit. If there is no personal representative, for example, in the case of a deceased child who has no estate, the deceased person’s “heirs at law” can file a suit. Eligible heirs, according to Arkansas law, are the deceased person’s surviving spouse, parents, siblings, or children. It can also be a person acting in place of the parent, such as a legal guardian.

How Do You Prove a Wrongful Death Occurred?

Establishing negligence in a wrongful death lawsuit is how damages can be awarded. In order to do this, you must prove that the defendant owed your loved one a “duty of care” or a duty to keep others safe. Things like a driver owing a duty of care to the other drivers on the road or a doctor owing your loved one and other patients a duty of care are examples of this.

Proving that there was a breach of this duty is the next step and can be established through the defendant’s reckless, careless, or intentional behavior that led to the death. Examples of this can be someone operating a vehicle while drunk that led to death or a surgeon making a careless error that directly led to death. Although this can seem like a black and white issue, proving this is complex and may require a thorough investigation by an experienced personal injury attorney. Things like accident reconstructions, a thorough examination of medical records or police reports, and examination of eyewitness reports or phone records after the incident are all examples of things included in these investigations. If there is more than one person or entity that you feel is at fault for your loved one’s death, these investigations become more complex.

How Long Do I Have to File a Wrongful Death Lawsuit?

Each state has its own statute of limitations in wrongful death cases, and in Arkansas, that time is three years from the date of the person’s death. This does not always mean that if you were to file after three years, you would automatically lose, but it does mean that your chances of obtaining damages are much lower.

What Types of Damages Can I Pursue?

Potential damages that can be pursued in the state of Arkansas can be categorized in two ways; damages awarded on behalf of the decedent’s estate and damages awarded on behalf of the decedent’s family.

The common damages that are awarded on behalf of the decedent’s estate or the “estate claim” consist of things like the costs associated with the funeral and burial costs, pain and suffering the deceased endured prior to their death, medical bills incurred for the treatment of the final injury to the decedent, and the value of lost wages the deceased would likely have earned during the rest of their working career.

Common damages that are awarded on behalf of the decedent’s family, or the “family claim,” are things like loss of the deceased person’s financial support, loss of care or companionship the decedent would’ve provided to their spouse, loss of education or guidance the deceased may have provided to their children, and grief and emotional suffering associated with their death.

Damages, if awarded, are paid directly to the family members of the deceased rather than to their estate. There is no cap on damages awarded in Arkansas as there is in some states.

In some cases, punitive damages can also be awarded in wrongful death cases if it is determined that the defendant showed particularly reckless behavior that resulted in death. These damages are designed to punish the defendant and to serve as a safeguard against similar conduct happening in the future.

At OMG Law Firm, we have multiple years of helping families that are in similar situations to obtain damages in wrongful death cases. We understand that the goal isn’t to bring them back but to help make picking up the pieces after their death a little easier on you and your family. Contact our Jonesboro, AR offices today at 870-336-6505 to discuss ways in which we can help you.