Losing a loved one, especially when it's the result of a preventable accident or illness caused by another person's action or inaction, is an experience none of us want to endure. All emotions aside, however, wrongful death cases can take a financial toll. On behalf of the estate (typically), survivors (usually family members) can often file a wrongful death lawsuit in Arkansas. Though these claims are never what a person wants to do, they are often necessary and practical for the mere financial part of it.
At Bautista LeRoy LLC, our wrongful death attorney in Benton County understands what you are going through and will persevere to obtain the best possible legal outcome. Contact us today at 479-208-6614 to schedule a free consultation. In the meantime, here's an overview of what a wrongful death claim in Arkansas may involve.
What Constitutes a Wrongful Death Lawsuit in Arkansas
When someone dies as a result of the negligence or misconduct of another person, the family of the deceased person may file a wrongful death claim against the person at fault. A wrongful death lawsuit is a civil lawsuit brought against an individual, company, or government agency.
In a wrongful death claim, a plaintiff can seek compensation for things like:
-
lost income
-
medical expenses prior to the death
-
funeral and burial expenses
-
pain and suffering
-
lost companionship
-
lost prospect of inheritance.
While the specific laws vary between states to establish a wrongful death claim, a plaintiff generally needs to show the cause of death by satisfying four elements.
-
The plaintiff owed a duty of care to the deceased person (also referred to as the decedent).
-
They breached this duty of care (either negligently or intentionally).
-
This breach caused the decedent's wrongful death.
-
The plaintiff suffered losses as a result.
After establishing these elements, it then turns on the question of who can file the wrongful death claim in Arkansas.
Who Can File a Wrongful Death Claim in Arkansas?
Wrongful death lawsuits are usually brought by a representative of the decedent's estate (often the executor) on behalf of or with survivors who suffered financially as a result of the death, referred to as the “real parties in interest”.
The definition of a real party in interest depends on the jurisdiction. In most states, they are the immediate family members of the decedent, including:
-
Wives
-
Husbands
-
Children
-
Parents of young children
Many states also recognize life partners who were financially dependent on the decedent.
Relationships beyond immediate family members or life partners may not be eligible to file a wrongful death suit, depending on the relevant law. For example, only some states recognize extended family members like grandparents and siblings. Some states also recognize parents of a deceased fetus as real parties in interest.
Common Causes of Wrongful Death Claims in Benton County
Wrongful death claims often arise in the context of the following.
-
Car accidents, especially those involving drunk drivers. If the case involves intoxication, the lawsuit may also name the person who served the driver alcohol as a defendant
-
Other auto accidents or related-auto accidents, including those involving commercial trucks, semi-trucks, motorcycles, boats, pedestrians, and bicyclists
-
Medical malpractice, when a practitioner fails to provide an acceptable level of care that leads to a misdiagnosis, surgical mistake, prescription error, birth injury, or any other harm
- Nursing home neglect and abuse, when a nurse or staff member fails to provide an acceptable level of care that lead to falls, medication errors, malnutrition and dehydration, or sepsis caused by untreated pressure ulcers (bedsores) and UTI infections
-
Product liability, e.g., a defective medication causes someone's death
-
Airplane accidents, where the airline, plane manufacturer, or pilot may be named as defendants
-
Workplace accidents or construction accidents, including deaths caused by falls, falling objects, improper training, or exposure to toxic substances
-
Premise liability accidents, e.g., a slip and fall or another accident occurring on someone else's property
What Are Common Defenses to Wrongful Death Claims in Arkansas?
The defenses available to a defendant in a wrongful death claim and their application vary between states. If you are the plaintiff, it is important to know what potential defenses are so that you can be prepared to argue against them.
Some common defenses include:
-
Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover
-
Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death
-
Assumption of risk, where the decedent knew about the risk associated with an activity or signed a waiver or release accepting it
-
Self-defense, where the defendant says they used reasonable force against the decedent to protect themself from the decedent causing serious harm to them
Whether a specific defense applies depends on the circumstances of the case. It's also important to remember that just because a defense is invoked, it does not mean you can't argue against it. When a defense is invoked, the defendant must prove it.
The standard of proof in a wrongful death action is the civil standard of a preponderance of the evidence. In other words, it is more likely than not that the defendant's actions resulted in the wrongful death.
Contact a Wrongful Death Attorney in Benton County Today
If you lost a loved one and believe you may have a wrongful death claim but are unsure, our wrongful death attorney can help you understand what your legal options are. Time is of the essence, though.
The statute of limitations begins running at the time of death, and the period to file a claim is often shorter than it is for any other type of personal injury claim. To know how long you have to file a claim, contact Bautista LeRoy LLC today by filling out the online form or calling us at 479-208-6614. We will schedule a free consultation with our wrongful death attorney so that you can get the legal advice and representation you need.
Summary
Losing someone is the most painful feeling a person can experience, especially if it's so sudden and it's someone else's carelessness. Family members carry the emotional weight and financial burden. Wrongful death claims are one of the many options families can pursue. Through this, they can seek compensation for the loss and accountability.
The legal experts of Bautista LeRoy LLC can help with the whole process of a wrongful death claim. We have experience in dealing with the difficulties of this type of case. Our attorneys understand that this can be a delicate moment for families, which is why we offer compassionate service. Our years of expertise guarantee damage recovery, such as:
- Lost income
- Future earnings
- Medical bills before death
- Funeral and burial costs
- Emotional suffering
- Loss of companionship
- Lost inheritance opportunities
Wrongful death cases can stem from many types of accidents or wrongdoings. But all of this still gives the same devastation and heartbreak:
- Vehicle accidents
- Medical malpractice
- Nursing home neglect/abuse
- Defective products
- Workplace incidents
You do not have to face the legal matters alone, as the legal team of Bautista LeRoy LLC is ready to guide you through the whole process. Having the right attorney can be beneficial, especially in these types of cases, where it can easily turn complicated. Contact us through www.bautistaleroy-bentonville.com or call 479-208-6614.
What type of death is considered wrongful and can qualify for a claim?
Family members can file a wrongful death claim if the cause was neglect or an intentional act.
- Negligence-related deaths
- Medical malpractice
- Defective products
- Intentional acts
- Workplace accidents
What pieces of evidence can help prove that a death was wrongful?
Investigation is very important to gather evidence that can show the death of a loved one was indeed caused by recklessness and intentional harm. The common pieces of evidence that can help reveal the cause of the death are:
- Medical records
- Accident reports
- Witness statements
- Photos and videos
- Correspondence
- Proof of financial loss
Who can bring a wrongful death case?
- Personal representative of the estate
- Heirs at law: (Surviving spouse, Children, Parents, Siblings)
Does a wrongful death case always go to trial?
Not always, as many cases are settled through negotiation. However, if an issue arises, such as liability disputes, your attorney can prepare for a trial.
What can a wrongful death attorney help with the case?
An attorney can bring many advantages in a wrongful death case, as they can:
- Case evaluation
- Investigation and evidence gathering
- Identifying liable parties
- Calculating damages
- Negotiation with insurance companies
- Handling court proceedings
