Everything You Need to Know About Arkansas Wrongful Death Claims

Everything You Need to Know About Arkansas Wrongful Death Claims

When a loved one’s life is taken due to an unexpected event caused by the negligence of another, you may be lost for words—emotionless. The plans you had and the dreams you were hoping to accomplish with them, all gone. Left with only memories of your loved one, you have no clue what the next steps to take in life are.

During this time, you need a strong shoulder to lean on. While there is no amount of compensation that can replace your loved one, you deserve to continue living your best life without financial hardship and worry.

How Long Do I Have to File a Wrongful Death Claim?

Arkansas law states that a family member has three years from the death date to file a wrongful death claim. Missing the statute of limitations deadline may render you unable to ever file a claim. Three years is a short time frame when you’re grieving a lost one.

What is Wrongful Death?

When another business or individual’s negligence causes the death of another, family members may be able to receive compensation on their behalf through a wrongful death claim. Since the deceased is unable to file a wrongful death claim, the plaintiff in wrongful death claims is a family member.

The civil court handles wrongful death claims, not the criminal court. Although, in Arkansas, a wrongful death claim may still be filed even with a criminal case is in the works for the same accident. A criminal case may bring justice by punishing the at-fault party for their negligence. While a wrongful death case looks to provide compensation to family members for any financial hardships they may encounter due to losing a loved one.

Survival Claim vs Wrongful Death

There are two types of claims that one can file following someone’s death under Arkansas law:

  • Survival Claim - A survival claim is basically a personal injury claim for the deceased. This claim aims to receive compensation for the departed. All of the money compensated through a survival claim will be sent to the deceased’s estate. A survival claim’s goal is to provide compensation for things such as lost wages and pain and suffering.

  • Wrongful Death Claim - This claim is meant to provide compensation to the loved ones whose lives were impacted by their family members passing. This claim aims to pay compensation for things like medical bills leading up to the death, funeral costs, and virtually anything related to the death that may have brought on financial hardship.

Four Elements

There are four elements your wrongful death attorney must establish for you to win your claim:

  • The defendant had a duty of care to the individual whose life was taken

  • The defendant breached this duty

  • The death was a direct result of the breach

  • Remaining family members have suffered due to the loss of their loved one

Who Can File a Wrongful Death Claim?

In Arkansas, wrongful death claims are typically initiated by a family member of the deceased. Which may include:

  • Children

  • Parents

  • Spouses

If the individual has no close relatives to represent them, under Arkansas law, their closest relative may file the claim.

How Can a Wrongful Death Attorney Help?

Contacting an Arkansas wrongful death attorney shortly following a loved one’s passing may help you avoid missing deadlines, as well as provide guidance on steps to take. At Easley & Houseal our experienced wrongful death attorneys have many years of experience putting together evidence to help prove our client’s wrongful death cases.

Don’t let your life be forever grey because of someone else’s negligence. There are options available to help you and your family return to the most normal life possible.

Contact us today (870) 330-0015 and get started on bringing light back into your life.

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