The wrongful death attorneys near you at Taylor King Law are prepared to help you determine whether you’re eligible to file a wrongful death lawsuit in Arkansas. A wrongful death lawyer will listen and ensure you understand the process and answer your questions.
Nothing can make up for the pain of losing a loved one. If your loss, however, is the result of a wrongful death caused by someone’s negligence, malpractice, or inaction, you may have legal options to seek compensation for the damages suffered.
Wrongful Death Attorneys in Arkansas
Hire a Wrongful Death Lawyer Near You.
If you’re grieving the loss of a loved one but are concerned that their death was caused by someone else’s negligence, contacting an attorney can help clarify your concerns.
Call Taylor King at 800.305.0529 for a free consultation.
Whether you choose to hire our firm or not, we can explain the process for filing a wrongful death claim and answer your questions.
Wrongful Death Lawsuits
Wrongful death is a specific type of personal injury. It is a civil action rather than a criminal one. This is an important distinction. Criminal prosecution determines whether a person has committed a criminal offense and thus deserves legal punishment. In contrast, a civil lawsuit seeks compensation for the victim. In this case, it seeks to compensate the family for their emotional pain and financial loss.
Of course, loss of life goes far beyond mere injury. Nothing can make up for the pain of losing a loved one. But if your loss was caused by someone else’s negligence, malpractice, or inaction, you may have legal rights to compensation for the damages you’ve suffered.
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Taylor King Law has been representing our friends and neighbors for more than 30 years.
Who Can File a Wrongful Death Claim in Arkansas?
In a typical personal injury case, the lawsuit is filed by the injured person. In a wrongful death case, however, someone else must stand in their place to bring the lawsuit on their behalf.
Arkansas law calls for wrongful death actions to be filed by a “personal representative” for the deceased person’s estate. If the victim does not have a specific personal representative, then his or her “heirs at law” can take action.
What is an heir at law? In Arkansas, the following people may be considered heirs at law:
1. Surviving Family
The surviving spouse, children, parents, or sibilings can be considered as heirs at law.
2. Acting Loco Parentis
Individuals who acted in loco parentis (as parents) for the deceased are considered heirs at law.
3. “Children” of Loco Parentis
Individuals for whom the victim acted in loco parentis (as a parent) are also considered heirs at law.
Who’s eligible to bring a wrongful death claim varies from state to state. For example, Texas law states that wrongful death claims should start with any surviving immediate family members. This includes the spouse, children, or parents of the deceased.
The family members should begin the civil action within 3 months of the victim’s death. If they don’t, there’s another party who can pursue the wrongful death lawsuit: the executor of the victim’s estate.
Taylor King Law is equipped to handle your claim. Whether you’re in Arkansas or another state, call us and we’ll make sure you receive the support you need to file a wrongful death claim.
Proving Negligence
Wrongful death occurs when a person dies as a result of an intentional act or negligence on the part of an individual or company. In most cases, negligence is involved in a wrongful death.
A civil lawsuit, including a wrongful death claim, focuses on recovery of damages. While a criminal lawsuit requires the plaintiff to prove a crime was committed “beyond a reasonable doubt,” a civil lawsuit requires a lower burden of proof. In a civil lawsuit, a wrongful death attorney will seek “preponderance of evidence,” meaning it’s more probable than not that the defendant was negligent.
Learn more about wrongful death civil actions in the 2018 Arkansas Code.
If you have questions about proving negligence, then call us today to discuss how we’re best able to represent you and your loved ones.
Causes of Wrongful Death
Many types of catastrophic accidents can be considered in a wrongful death claim. The cause of death may be an intentional or premeditated action, a reckless or negligent act, or a failure to act. Situations can include, but are not limited to:
Drunk Driving Accidents
Car Wrecks
Medical Malpractice
Plane Crashes
Trucking Accidents
Defective Products
Workplace Accidents
Motorcycle Collisions
Fire & Other Catastrophes
Cycling & Pedestrian Fatalities
Boating Accidents
Dangerous Drugs
Importance of Hiring Wrongful Death Lawyers Near Me
Proving a wrongful death claim is rarely simple nor easy. Your family may still be in the process of grieving while also dealing with funeral expenses, insurance companies, and medical bills. You don’t have to shoulder this burden alone. An experienced personal injury lawyer can help relieve that burden by handling the legal process for you.
At Taylor King Law, we have the experience and skill to ensure your family receives the compensation you deserve. We go the extra mile to thoroughly investigate and build your case. No amount of money can replace your loved one, but you shouldn’t have to suffer financially because of another person’s harmful actions.
Damages in a Wrongful Death Lawsuit
Compensation in a wrongful death claim may be awarded for several types of loss. Damages can include but are not limited to:
- medical expenses
- death expenses, including funeral costs
- loss of future earnings
- punitive damages
- loss of benefits
- pain and suffering
- loss of companionship
To learn more about wrongful death claims in Arkansas: What is Wrongful Death?
And for more information, which includes who has the right to file a wrongful death claim: Who Can File a Wrongful Death Lawsuit?
Statute of Limitations
The deadline to file a wrongful death lawsuit is determined by the “statute of limitations.” This may vary from state to state. In Arkansas, the statute of limitations is three (3) years from the date of death.
If you have additional questions about filing a lawsuit or about the statute of limitations in your state, then contact our law firm today.
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Arkansas Lawyers On Your Side – By Your Side
Nationally recognized and locally awarded, the wrongful death lawyers at Taylor King Law have the experience and dedication needed. Our personal injury attorneys will be on your side.
An initial consultation with a wrongful death attorney is both FREE and CONFIDENTIAL.
We work on a contingency basis, so we only get paid once we win your case. Contact us at any of our seven locations across Arkansas, and into Texas, today to learn more.
