Wrongful Death
Washington County Wrongful Death Lawyer
A wrongful death claim is a legal personal injury action filed when the negligent, recklessness, or intentional actions of another party cause an individual’s death. In Arkansas, wrongful death claims allow survivors to seek compensation for the loss of their loved one as a result of such actions.
Who Can File a Wrongful Death Claim in Washington County, Arkansas?
In Arkansas, the personal representative of the deceased person’s estate, such as the executor of the will, is typically who files a wrongful death claim. In cases with no personal representative, a claim may be filed by certain surviving family members, including:
- Surviving spouse of the deceased.
- Children, including adopted children.
- Parents, siblings, or other heirs if there are no living spouses or children.
These individuals may be eligible to recover damages for their losses, but the case is pursued on behalf of all beneficiaries. If multiple family members have an interest in the claim, the court may determine how compensation is distributed. Each case is unique, and legal guidance from a Washington County wrongful death lawyer can help determine eligibility for filing a wrongful death claim.
What Are the Common Causes of Wrongful Death?
A wrongful death can result from a variety of negligent circumstances. Some of the most common causes include:
- Motor Vehicle Accidents: Fatalities caused by negligent behaviors such as distracted driving, speeding, or drunk driving.
- Defective Products: Deaths caused by inherently dangerous or defectively manufactured products.
- Medical Malpractice: Medical professionals’ failure to provide a standard duty of care.
- Pedestrian Accidents: Drivers failing to yield to pedestrians or driving recklessly in areas with high foot traffic.
- Slip and Fall Accidents: These accidents can be caused by inadequate lighting, slippery surfaces, and cluttered walkways.
- Workplace Accidents: Workplace fatalities due to unsafe working conditions, improper training, defective equipment, or other negligent individuals.
What Damages Can Be Recovered in a Wrongful Death Claim?
Compensation in a wrongful death claim can address various financial and emotional losses. Arkansas law recognizes two categories of damages, which include:
- Estate Damages: Compensation to the deceased’s estate for financial losses incurred, including final medical expenses, funeral and burial costs, lost wages, and pain and suffering experienced before passing.
- Family Damages: Compensation for surviving family members for loss of financial support, loss of companionship, and emotional distress.
The value of a wrongful death claim depends on various factors, including the deceased’s earning potential, the circumstances of the death, and the impact on surviving family members.
What Is the Statute of Limitations for Wrongful Death Cases in Arkansas?
In Arkansas, the statute of limitations for filing a wrongful death claim is typically three years from the date of death. Acting promptly to ensure you do not miss this critical deadline is essential.
Can Multiple Parties Be Held Liable for Wrongful Death?
Under Arkansas law, multiple parties can be held liable for wrongful death if their actions or negligence contributed to the fatality. Several individuals or entities may share responsibility for the death, depending on the circumstances. Some examples include:
- An at-fault driver and possibly a vehicle manufacturer if a defect contributed to a fatal car accident.
- Medical professionals, hospitals, or pharmaceutical companies in medical malpractice cases.
- Employers or contractors if unsafe working conditions led to worksite fatality.
- Product manufacturers, distributors, or retailers if a defective product caused the death.
Each case is unique, and a thorough investigation can help determine all parties who may be held accountable.
How Is Liability Determined in a Wrongful Death Case?
To prove liability in a wrongful death case, you must establish certain legal elements proving the responsible party’s negligence, which include:
- Breach of Duty: Demonstrating the responsible party owed a duty of care to the deceased.
- Causation: Proving that the breach of duty directly caused the person’s death.
- Negligence or Wrongful Act: Establishing that the defendant’s actions were negligent, reckless, or intentional.
- Damages: Demonstrating that surviving family members or the estate suffered measurable losses due to the death.
Evidence such as medical records, accident reports, expert testimony, and witness statements can be critical in building a strong case.
Can a Washington County Wrongful Death Case Involve Criminal Charges?
A wrongful death claim is a civil case, separate from any criminal charges that may be filed against the responsible party. While a criminal case may result in penalties such as jail time or fines, a wrongful death lawsuit seeks financial compensation for the victim’s family.
Both a civil wrongful death case and a criminal case can proceed at the same time. However, a wrongful death lawsuit can still succeed if there is enough evidence to prove liability in civil court, even if criminal charges are not filed or do not result in a conviction.
How Can a Washington County Wrongful Death Lawyer Help Me?
Navigating a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. At Wilmoth Law Firm, an experienced Washington County wrongful death lawyer can provide invaluable guidance and support throughout the legal process, such as:
- Assess your Case: A lawyer can review the details of your case and explain your legal options.
- Investigate the Accident: Gather evidence, interview witnesses, analyze medical records, and work with experts to build a strong case.
- Maintain Compliance: Ensure that all legal deadlines are met.
- Negotiate a Settlement: Negotiate with insurance companies and opposing counsel for fair compensation.
- Represent You in Court: Litigate on your behalf if negotiations fail and your case goes to trial, advocating for maximum compensation.
A wrongful death lawyer can help relieve the legal burden and allow your family to focus on healing while seeking the justice and financial security you deserve for your tremendous loss.
Seek Justice for Your Loved One with a Washington County Wrongful Death Lawyer at Wilmoth Law Firm
The unexpected loss of a loved one is devastating, and dealing with legal matters on top of grief can feel overwhelming. At Wilmoth Law Firm, a dedicated Washington County wrongful death lawyer can guide you through the process and help you pursue the justice and compensation you deserve during this difficult time. Call 479-443-8080 or contact us online to schedule a free consultation. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.