Determining Damages in an Arkansas Wrongful Death

Determining Damages in an Arkansas Wrongful Death

Types of Compensation

The damages in a wrongful death case can be split into two categories, economic and non-economic.

Economic damages include a loss of:

  • Expected earnings

  • Benefits (401k, medical coverage, etc.)

  • Services and goods that are unable to be provided

  • Medical & funeral expenses

  • Any inheritance

Non-economic damages include:

  • Loss of companionship

  • Loss of love and comfort

  • Physical pain

  • Loss of protection

In addition to these two types of damages, there is also the option of recovering punitive damages.

Punitive damages - are meant to bring justice to the defendant to help prevent similar situations from happening in the future. Punitive damages are not available for every wrongful death claim. If the party acted reckless or without any form of responsibility, the court may compensate the plaintiff with monetary compensation.

Monetary Damage Calculation

Placing a price tag on someone’s life is something that nobody is able to provide a proper answer. However, in the legal world, this is done in an attempt to provide what is seen as appropriate compensation.

As you’d imagine, there are many different things that go into calculating what someone’s life is worth. Some of these factors include the deceased’s:

  • Earning capacity (how much they would have made in their lifespan)

  • Age

  • Education and job duties

  • Overall health

  • Funeral bills

  • Medical bills

Lost Earnings Calculation

When it comes to calculating a lost one’s earnings it’s in your best interest to seek assistance from a certified economist. They will take into account many different factors such as the deceased’s job title, age, and earnings to help determine the amount they would have made for the rest of their life.

There may be other contributing factors that help determine the value of their lost earnings. Some of these include:

  • Childcare

  • Cleaning

  • Cooking

  • Medical care

  • Education

Pain and Loss of Companionship Calculation

In addition to the monetary loss, it is possible to seek compensation for physical and mental pain. Family members of the deceased are typically eligible to receive compensation for their loss. However, a jury will determine what the family member meant to you and how big of a part they were in your life.

How Easley & Houseal Can Assist

Working with a wrongful death attorney can help assist you in putting together evidence to support your claim. At Easley & Houseal, our qualified wrongful death attorneys are more than just your attorney, they are your family. With over 65 years of experience, our attorneys know how to fight for what is right, and will not back down if it goes to court.

Contact us today at (870) 330-0015 to begin seeking compensation on behalf of your loved one.

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