Fayetteville Wrongful Death Lawyers

Fayetteville Wrongful Death lawyers

Fayetteville Wrongful Death Lawyers

Nothing can prepare you for the sudden and unexpected loss of a loved one, especially one that was caused by someone else’s failure to act responsibly. The pain of such a loss is often made worse by the knowledge that it could have been avoided. If you have lost a loved one due to another individual’s negligence, you may have the right to seek justice through a wrongful death claim.

Filing a claim cannot substitute for your loss, but it can mitigate the financial burden, including medical bills, funeral expenses, and the loss of income or support your loved one provided. Additionally, a successful wrongful death claim can ensure the party is held accountable for their actions and your loved one’s loss. If you have lost a loved one due to someone else’s negligence, a compassionate and dedicated Fayetteville wrongful death lawyer at Wilmoth Law Firm can discuss your options and help you navigate the legal process during this challenging time.

Is Wrongful Death a Criminal Charge?

Wrongful death is a civil legal claim, not a criminal charge. When you file a wrongful death lawsuit, you are seeking financial compensation from the person or entity responsible for your loved one’s death. This is separate from any criminal charges the state may file, such as manslaughter or homicide. It is possible for both a civil wrongful death case and a criminal case to happen at the same time, but they serve different purposes and follow different legal processes. A wrongful death lawsuit can also still succeed with sufficient evidence in civil court, even if there are no criminal charges or resulting convictions.

Who Can File a Wrongful Death Claim in Arkansas?

In Arkansas, wrongful death claims are usually filed by the personal representative of your loved one’s estate, typically named in the deceased’s will or appointed by the court. If no personal representative has been assigned, certain family members may have the right to file the claim directly. This may include a surviving spouse, children (including adopted children), parents, or siblings.

Though one person files the claim, it is generally brought on behalf of all legal beneficiaries. If more than one family member has a financial interest in the outcome, the court may decide how to divide any compensation awarded. Each circumstance is different, so speaking with an experienced Fayetteville wrongful death lawyer can help you understand whether you have the right to file and how to proceed with the legal process.

What Are Common Causes of a Wrongful Death?

A wrongful death can occur in many different situations in which someone fails to act responsibly and safely and causes a fatal incident. Some common causes include:

Motor Vehicle Accidents: Fatal crashes caused by reckless behaviors, such as speeding, distracted driving, or drunk driving.
Defective Products: Dangerous or faulty products that caused fatal injuries due to design flaws or manufacturing errors.
Medical Malpractice: Medical errors by doctors, nurses, or hospitals resulting in a patient’s death, such as surgical errors or misdiagnosis.
Pedestrian Accidents: Drivers who strike pedestrians due to failure to yield, speeding, or distracted driving.

In all of these cases, surviving family members may have the right to seek justice through a wrongful death claim.

What Compensation Can I Seek in a Wrongful Death Claim?

Compensation in wrongful death claims is meant to address the financial losses and emotional impact caused by your loved one’s death. Arkansas law separates these into ‘estate’ and ‘family’ damages:

Estate damages include losses such as final medical bills, funeral and burial expenses, lost wages, and any pain and suffering they experienced before passing.
Family damages compensate for the surviving family’s losses, including loss of financial support, companionship, and the emotional toll the death has caused.

You have three years from the date of death to file a wrongful death claim in Arkansas. It is important to act promptly to ensure that you do not miss this critical deadline.

Who Can Be Liable in a Wrongful Death Claim?

In Arkansas, more than one person or company may be legally responsible if their actions, or inactions, contributed to your loved one’s death. Depending on the circumstances, liability might fall on individuals, businesses, or other entities, such as:

Negligent drivers or vehicle manufacturers, if a mechanical defect caused a fatal crash.
Doctors, nurses, hospitals, or pharmaceutical companies in cases of medical malpractice.
Companies that design, make, or sell defective products.

To hold someone legally responsible in a wrongful death case, you will need to demonstrate that their actions or negligence directly led to your loved one’s death. This involves proving that the person or entity had a duty to act safely or responsibly, that they failed in that duty, and that their actions caused the fatal outcome. You also need to show that the death resulted in emotional and/or financial losses for you or your family. Evidence such as medical records, accident reports, expert analysis, and witness statements can all play an important role in supporting your claim and helping you build a strong case.

Do I Need a Lawyer for a Wrongful Death Claim?

While you are not legally required to have a lawyer to file a wrongful death claim in Arkansas, having legal representation can make a significant difference in the outcome. These cases often involve complex legal procedures, strict deadlines, and multiple parties who may try to avoid responsibility. Having an experienced Fayetteville wrongful death lawyer can help you understand your rights, gather the evidence needed to prove your case, and handle communication with insurance companies or opposing lawyers. More importantly, your lawyer can provide the support and time you need to focus on your family and your healing while they work to protect your interests and pursue the compensation you deserve.