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Wrongful Death Attorneys

In these tragic circumstances, seeking legal recourse becomes crucial for finding closure and holding the responsible parties accountable. Navigating the complexities of death claims can be overwhelming, especially when you’re already dealing with grief. However, with the guidance of a compassionate and experienced wrongful death lawyer in Little Rock, you can pursue justice and obtain the compensation you deserve.

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What Constitutes Wrongful Death?

Wrongful death refers to a legal claim brought against a party who is responsible for causing someone’s death due to negligence, recklessness, or intentional actions. Common examples include:

  • Car accidents that are caused by drunk driving, speeding, or other forms of negligence.
  • Medical malpractice that results in a patient’s death, such as surgical errors or misdiagnosis.
  • Workplace accidents caused by unsafe conditions or failure to follow safety regulations.
  • Defective products that lead to fatal injuries, such as faulty machinery or pharmaceuticals.
  • Criminal acts, including assault, homicide, or manslaughter, resulting in death.

In essence, wrongful death occurs when someone’s actions or failure to act results in the preventable death of another person, leading to legal liability for damages. These damages may include compensation for medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship for surviving family members. Wrongful death laws vary by jurisdiction. Thus, it’s essential to consult with a knowledgeable attorney to understand your rights and options if you believe a loved one’s death was preventable.

Who Can File a Wrongful Death Claim?

Wrongful death claims are governed by state-specific laws, which outline who is eligible to file a claim. In Arkansas, the following parties are generally permitted to file:

  • Special Administrator: A wrongful death claim is often filed by a special administrator to the deceased person’s estate. This individual is sometimes named in the deceased’s will. A probate court must approve an individual as a special administrator.

Because eligibility to serve as a special administrator or personal representative can vary based on circumstances, consulting with a qualified wrongful death attorney to ensure you understand your rights and can proceed appropriately.

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The Difference Between Survival & Wrongful Death Claims

While wrongful death and survival claims are often mentioned together, they address different aspects of a loss:

Wrongful Death Claims

  • Wrongful death damages - which go to the statutory beneficiaries of the deceased -  focus on the damages suffered by surviving family members due to their loved one’s death.
  • Compensation may include pecuniary injuries suffered by the spouse and statutory beneficiaries, mental anguish, and loss of consortium of the spouse.

Survival Claims

  • Survival damages - which go to the heirs of the estate of the deceased - focus on damages incurred by the decedent prior to death and elements of damage that “survive” the death.
  • Compensation may include the value of the decedent’s loss of life, funeral expenses, property damage, conscious pain and suffering prior to death, medical expenses, and lost earnings.

In Arkansas, both claims can be pursued simultaneously to provide comprehensive compensation for the impact of the wrongful death.

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How We Prove Negligence

At the core of any wrongful death claim is the ability to prove negligence, recklessness, or intentional wrongdoing by the responsible party. Our legal team follows a structured approach to establish liability.

Duty of Care

We demonstrate that the responsible party owed a duty of care to the deceased. For example, a driver has a duty to operate their vehicle safely, and a doctor has a duty to provide treatment within the applicable standard of care.

Breach of Duty

We gather evidence to show how this duty of care was breached. This could include proving reckless behavior, unsafe conditions, or failing to follow state, federal, or industry regulations.

Causation

In addition to proving negligence, we must establish a direct link between the breach of duty and the death. Proximate cause is nearly always a jury question. We often use medical records, lay witness testimony, and expert testimony to prove that the at-fault party caused the injuries and death.

Damages

Finally, we quantify the losses suffered by surviving family members, such as loss of life damages, mental anguish, loss of financial support, and funeral expenses, in addition to the losses the decedent suffered prior to death - medical expenses and pain and suffering.

Why Hire a Wrongful Death Attorney in Little Rock?

Lawyers like ours serve as a beacon of hope during dark times, offering legal expertise, empathy, and support. These professionals specialize in cases where the negligence, recklessness, or deliberate actions of another individual, company, or entity cause a person’s death. Whether it’s a fatal car accident, medical malpractice, defective product, or workplace incident, our McMath Woods team will meticulously investigate the circumstances surrounding the death to build a strong case on your behalf.

Legal Guidance

Throughout the legal process, your lawyer will serve as your trusted advisor, guiding you through each step and providing clarity on your rights and options.

From gathering evidence and conducting depositions to negotiating settlements and, if necessary, representing you in court, they will handle every aspect of your case with professionalism and dedication. By entrusting your case to a qualified attorney, you can focus on healing and rebuilding your life while they work tirelessly to secure the justice you deserve.

Knowledge of Laws and Statutes

In Arkansas, the codes and statutes of limitations for filing a wrongful death claim may vary depending on the circumstances of the case.

Generally, you have a limited window of time to take legal action, so it’s essential to consult with a wrongful death lawyer as soon as possible to ensure your rights are protected. Delaying action could jeopardize your ability to seek justice and obtain the compensation you deserve.

Negotiating With Insurance Companies

One of the most significant advantages of hiring a wrongful death lawyer is their ability to negotiate with insurance companies and opposing parties on your behalf.

Insurance companies are notorious for offering lowball settlements or attempting to shift blame onto the victim to minimize their financial liability. With a skilled attorney advocating for your interests, you can level the playing field and ensure you receive fair and just compensation for your loss.

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Financial Compensation for Wrongful Death

When you’ve suffered the loss of a loved one, financial compensation may be the last thing on your mind. However, pursuing a death claim can help alleviate the financial burden caused by medical expenses, funeral costs, lost income, and other related damages. In addition to pursuing compensation for economic damages, a wrongful death attorney can also seek damages for punitive and/or non-economic losses, including pain and suffering, loss of companionship, and emotional distress.

While assigning a monetary value to these intangible losses may seem challenging, an experienced attorney will work diligently to quantify the impact of your loved one’s death on your life and seek appropriate compensation accordingly. No amount of money can ever replace a lost life, but fair compensation can provide a sense of financial stability for the surviving family members as they navigate the aftermath of their loss.

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What To Look For

Finding the right wrongful death attorney in Little Rock is paramount to the success of your case. Look for attorneys or law firms with a proven track record of handling similar claims and securing favorable resolutions for their clients. At McMath Woods, we prioritize client communication and provide personalized attention to your unique needs and concerns. Remember, this isn’t just about legal representation; it’s about finding a trusted advocate who’ll fight tirelessly on your behalf while treating you with compassion and respect.

Questions To Ask Your Legal Representative

When consulting with legal counsel, it’s essential to ask pertinent questions to ensure they are the right fit for your case. Here are some questions to consider:

  • What experience do you have with wrongful death cases?
  • Have you handled cases similar to mine in the past? What were the outcomes?
  • Can you explain the legal process involved in a wrongful death claim?
  • How do you determine the value of a claim such as this?
  • Are there any potential challenges or obstacles you foresee in my case?
  • How do you plan to investigate and gather evidence to support my claim?
  • Can you provide references or testimonials from past clients?

Asking these questions can help you gauge the lawyer’s experience, expertise, and compatibility with your needs, ultimately helping you decide who to hire for your wrongful death case.

Why Choose McMath Woods?

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience that no family should have to endure. However, with the help of a skilled and compassionate attorney, you can seek justice and hold responsible parties accountable for their actions. From navigating complex legal procedures to advocating for your rights and interests, your Little Rock wrongful death lawyer will be your steadfast ally every step of the way. We take on a limited number of cases so we can pour all our resources into each one.

Our approach is to provide personalized counsel from our trial attorneys and provide the level of care we would give our own families. While nothing can ever fully compensate for the loss of a loved one, obtaining financial compensation can provide a sense of closure and help alleviate the financial burdens associated with your loss. If you’ve lost a loved one due to wrongful death, don’t hesitate to contact us for a free consultation and pursue the justice you deserve.

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Wrongful Death FAQ

How long do I have to file a wrongful death claim?

How long does a wrongful death claim take to settle?

What if the deceased person is partially at fault?

How long do I have to file a wrongful death claim?

In Arkansas, the statute of limitations for wrongful death claims is generally three years from the date of death. However, this timeline may vary based on specific circumstances.

How long does a wrongful death claim take to settle?

The timeline for resolving a wrongful death claim varies widely, depending on the case’s complexity, available evidence, and whether the case goes to trial. Some claims settle within a few months, while others may take three to five years or more if litigation, trial, and an appeal are required.

What if the deceased person is partially at fault?

Arkansas follows a modified comparative fault system, meaning you can still file a claim if the deceased was less than 50% at fault. However, any compensation awarded will be reduced by the percentage of fault assigned to them. For example, if the deceased is found 20% at fault, the damages awarded by a jury would be reduced by 20%.

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