When someone you love dies suddenly in Hot Springs because of another person’s negligence or recklessness, the grief you feel may seem overwhelming. You may be able to hold the at-fault party responsible through a wrongful death lawsuit. Although nothing can bring your loved one back, pursuing a wrongful death claim can help you obtain compensation for your financial expenses and hold the at-fault party accountable.
If you have lost your loved one, you shouldn’t have to worry about bills and paperwork piling up. Your family will benefit from having space to heal and grieve. At Rochelle McCullough, LLP, our compassionate attorneys are here to help you pursue compensation and provide the necessary support for you and your family on your journey toward healing. Our experienced team will handle every aspect of your case so you can focus on grieving and healing during this difficult time.
What Is Wrongful Death in Arkansas?
Family members may be able to file a wrongful death lawsuit when a person or company’s negligence causes the death of their family member. According to Arkansas Code § 16-62-102 (2022), a wrongful death is a death that is “ caused by a wrongful act, neglect, or default of another person, company, or corporation.
When a person dies because of the legal fault of another person, certain surviving family members can pursue a claim for compensation. Most wrongful death claims involve a negligence-based incident, medical malpractice, or an intentional act, such as an assault. Wrongful death lawsuits must be filed within three years of the date of the individual’s death. However, if the individual’s death was caused by medical malpractice, Arkansas’s two-year statute of limitation for medical malpractice lawsuits will apply.
Wrongful Death Lawsuits vs. Criminal Charges
Under Arkansas law, a wrongful death claim can be filed even if there is already a criminal case underway for the same event. For example, suppose a drunk driver caused a car accident that resulted in a person’s death. The intoxicated driver will likely face DWI charges through the criminal court system.
Whether or not the driver is convicted of a crime, the victim’s family can still pursue a wrongful death lawsuit in civil court. The purpose of criminal charges is to punish the defendant for criminal activity. On the other hand, the purpose of a civil lawsuit, like a wrongful death claim, is to compensate the survivors of the person who died for the financial hardship they’ve endured because of the untimely death of their loved one.
Who Can Pursue a Wrongful Death Claim in Arkansas?
The injured person must file a compensation claim in most personal injury lawsuits. For example, if someone was injured in a car accident, they would need to file a lawsuit against the defendant. Wrongful death cases are different from most personal injury lawsuits, however. The injured person who is now deceased cannot file a claim on their own behalf. Consequently, another person must act as the plaintiff by filing a personal injury lawsuit.
Under Arkansas law, the personal representative sometimes called the estate executor in other locations, has the right to file a wrongful death lawsuit. The personal representative is filing the lawsuit on behalf of the deceased individual’s estate. When there isn’t a personal representative, the deceased individual’s “heirs at law” have the right to file a claim.
The surviving spouse, children, parents, or sibling can file a claim. If they aren’t available, a person standing “in loco parentis” of the deceased, such as someone acting as their legal guardian, can file the claim. The compensation from a wrongful death lawsuit will not become assets of the estate. They will be paid directly by surviving family members.
Damages Available in a Wrongful Death Claim
In a successful wrongful death claim, the plaintiff can recover economic and noneconomic damages caused by their loved one’s death. The purpose of a wrongful death lawsuit is to award the survivors of the individual who died compensation into categories: damages awarded on behalf of the deceased individual and those awarded on behalf of the deceased individual’s estate.
In Arkansas, damages awarded on behalf of the deceased individual survivors can pursue compensation for the losses their family suffered because of their loved one’s death, including, but not limited to, the following:
- The loss of the deceased individual’s financial support
- Emotional grief, suffering, and despair associated with the death
- The loss of care, companionship, and services the deceased individual would have provided to their surviving spouse, and
- The loss of education, guidance, and common training the deceased individual may have provided to their children
Damages Awarded on Behalf of the Deceased INdividual’s Estate
Surviving family members can also pursue damages on behalf of the deceased individual’s estate to compensate for losses the deceased individual suffered because of their death. Funeral and burial costs, medical expenses for the deceased individual before they passed away, and the individual’s pain and suffering can all be compensated. Additionally, the plaintiff can pursue compensation for the loss of value of the deceased individual’s remaining life, including any wages they would have likely earned over their lifetime.
Contact Our Wrongful Death Attorney in Hot Springs, Arkansas
The loss of a loved one is always a challenging experience to go through. However, if someone else’s negligence caused your loved one’s death, it can be even more traumatic. The personal injury attorneys at Rochelle McCullough, LLP are here to help you claim compensation for medical costs, burial expenses, and loss of income.
If you are a surviving spouse, we can also help you pursue damages for loss of companionship, support, and love. Don’t hesitate to contact Rochelle McCullough, LLP, to schedule a complimentary, no-obligation case evaluation with our Hot Springs wrongful death attorneys.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.