Wrongful Death Laws in Arkansas
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Losing a loved one suddenly is devastating, especially when it was caused by the negligence of another person. Although nothing can fully compensate for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and has helped our clients receive the justice and compensation they deserve. We are here to help you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What is a Wrongful Death Lawsuit in Arkansas?
In Arkansas, a wrongful death claim occurs when someone dies because of the negligent conduct or intentional act of another person. Wrongful death claims are similar to personal injury cases, except the person who brings the lawsuit is not the person who was injured.
Wrongful deaths can be caused by many different accidents and negligent actors, such as medical malpractice, defective products, slip-and-falls, and distracted drivers. A wrongful death claim is a civil case, so a case does not need to be brought by the state.
Who May File a Wrongful Death Claim in Arkansas?
Unlike some other states, in Arkansas, a wrongful death claim must be filed by a personal representative of the victim’s estate. The personal representative is generally listed in the deceased person’s will, sometimes known as the administrator of the estate.
If no representative has been appointed, a wrongful death claim may be filed by the victim’s heirs. These heirs include the surviving spouse, children, parents, or siblings, as well as persons standing in loco parentis (those who had legal responsibility of the victim in place of a parent) and persons to whom the deceased stood in loco parentis.
What Damages Are Available in an Arkansas Wrongful Death Claim?
Arkansas splits wrongful death claims into two categories: the estate claim and the family claim. The difference is the family claim compensates family members for their loss, while the estate claim compensates the estate for the losses suffered by the victim before death.
Family claims seek to compensate the family members for their losses. These damages include the loss of financial support of the victim, the loss of household services, and the loss of care, comfort, and guidance of the victim. These damages are paid directly to the family members, and family members must decide how to divide the damages among themselves. If the family cannot decide, a court will make a binding ruling on how the award can be divided.
Estate claims can include funeral and burial costs, the victim’s medical bills, the pain and suffering the victim endured before death, and the loss of the value of the deceased person’s remaining life, including wages he or she would have earned, any benefits that have forgone, and more. Estate damages are paid to the victim’s estate.
How Long Do I Have to File a Wrongful Death Claim in Arkansas?
A wrongful death complaint must be filed within one year from the date of death. This is shorter than most other states. If you are considering filing a wrongful death claim, you should contact a lawyer as quickly as possible to ensure the statute of limitations does not expire.
Wrongful death cases are incredibly complex, and if you wait too long to file a claim, there is a chance that evidence will be lost or that witnesses will forget details of the incident.
Get Help from Our Wrongful Death Lawyers
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.