You may be familiar with the term “wrongful death” but be unsure whether it applies to your circumstance. If you lost a loved one and you suspect the negligence or carelessness of another person or entity was at least partly to blame, you could have a wrongful death case in Arkansas.
The specific events that constitute what may be considered wrongful death vary from state to state. According to Arkansas state statutes from 2010, any person or viable fetus that was killed due to a negligent action, or negligence arising from failure to act, shall have the right to pursue damages from the party that would have been liable for the death.
Common scenarios that may give rise to a wrongful death claim include auto accidents, neglect, harm from defective products or harm from dangerous drugs. Wrongful death claims may also be brough after an intentional death.
Although at its core the concept of wrongful death may be simple, there are additional constraints that determine exactly what types of damages may be awarded in a lawsuit and who may be a beneficiary of such.
Two separate types of claims can be made in these instances—an estate claim or a family claim.
These claims are brought by the deceased person’s estate for damages that the deceased suffered personally before their death. This could include medical bills, physical and emotional pain and suffering, and lost earnings due to death.
This is a claim on behalf of the deceased’s relatives for damages they suffered as a result of the decedent’s death. Either the deceased’s executor, or the heirs of the deceased (usually parents, children, and/or siblings) will bring the claim for wrongful death in the case of a family claim.
Because of the intensely personal nature of a wrongful death claim, it becomes even more critical to hire an attorney you trust and have faith in. Bailey & Oliver Law Firm has years of experiencing litigating complex cases arising from wrongful death claims.
For a free consultation, contact the wrongful death attorneys at Bailey & Oliver Law Firm. Fill out our online evaluation form or call 479-202-5200 today.