Fayetteville Wrongful Death Lawyers

Losing a loved one unexpectedly can be devastating. What makes it worse is knowing that someone else acted carelessly in causing their death, which was completely preventable. After such a tragic loss, you may be confused about what you can do to pursue justice for your loved one and your legal options for doing so.

Wrongful death claims help families cope with the financial and emotional losses associated with these types of situations. A Fayetteville wrongful death lawyer from Horton Personal Injury Lawyers can guide you through the legal process of holding the responsible party accountable for the harm they caused your loved one and your family. You can trust us to treat you compassionately during this difficult time. Contact us today to learn more.

How a Fayetteville Wrongful Death Lawyer Can Help You

After a tragic accident, it can be difficult to think about complex laws, time limits, and how to protect your family’s legal rights and financial future. After all, you are trying to process a sudden and unexpected loss. By hiring a Fayetteville wrongful death lawyer, you don’t have to worry about these things. A competent legal professional can handle them for you.

At Horton Personal Injury Lawyers, we understand that no amount of money can ever give you back what you want: your loved one. However, a wrongful death claim can allow you to seek justice and accountability for the wrongful acts of another that led to your loved one’s demise. You shouldn’t have to pay for unexpected expenses or cope with financial struggle due to someone else’s negligence, and we are here to fight so you don’t have to. 

Our compassionate wrongful death lawyers can stand by your side while we:

• Meet with you to discuss your situation in a confidential setting
• Explain your legal rights under Arkansas’ wrongful death law
• Investigate the accident and identify all parties that contributed to your loved one’s death
• Gather evidence to prove legal liability, including accident reports, medical reports, photos and videos of the accident, witness statements, and other records
• Build a strong case on your behalf
• Handle communication with the insurance company and other parties on your behalf
• Work with expert witnesses, as necessary, to further support your legal claim
• Evaluate any settlement offers you receive and advise you whether to take the case or proceed to trial

It is often overwhelming for grieving families to navigate the complexities involved in a wrongful death case without assistance. At Horton Personal Injury Lawyers, we can offer the legal support and guidance you need during this challenging time. We walk beside you, hand in hand, guiding you through every step of the process. 

Turn to our dedicated wrongful death attorneys today. Call us to schedule a free consultation.

What Is a Wrongful Death in Arkansas?

Arkansas’ wrongful death statute defines a wrongful death as one that is caused by someone else’s wrongful act, neglect, or default that would have allowed the victim to file a personal injury claim had they survived. 

Other individuals, businesses, or even government agencies can potentially be legally responsible for a wrongful death.

Common Causes of Wrongful Death

Wrongful death cases can arise out of various causes, including acts of negligence or intentional acts like murder. Our personal injury law firm handles wrongful death claims arising from the following:

• Car accidents: Car accidents caused by aggressive driving, drunk driving, reckless driving, distracted driving, or other forms of negligence can form the legal grounds for a wrongful death case in Arkansas.
• 18-wheeler accidents: Due to the significant difference in size and weight of large trucks, truck accidents often cause fatal injuries to the occupants of passenger vehicles.
• Motorcycle accidents: Because motorcycles don’t offer the same protection afforded to car accident victims with a steel frame, airbags, and seatbelts, motorcycle accidents often result in fatalities.
• Pedestrian accidents: Pedestrians and cyclists have little protection against the strength and power of a vehicle weighing thousands of pounds. Families may be able to pursue justice for the loss of their loved one by filing a wrongful death claim.
• Slip-and-fall accidents: Falls from heights and other slips and falls can prove fatal, including in medical settings, such as Washington Regional or area nursing homes. Elderly individuals are at an increased risk of slips and falls, which is why nursing homes are required to complete a fall risk assessment. When they skip this necessary step, they can be held responsible for the resulting injuries or fatalities.
• Dog bites: If a dog bite or other animal attack caused fatal injuries, an experienced Fayetteville wrongful death lawyer can help pursue justice from the dog’s owner.
• Class actions: Horton Personal Injury Lawyers is one of the few local personal injury law firms that handle class actions, which involve the actions of a common defendant who injured multiple people in similar ways, such as by defective products or toxic chemical exposure.

Who Can File a Wrongful Death Case in Arkansas?

Arkansas’ wrongful death law limits who can file a wrongful death case. Generally, the personal representative of the decedent’s estate must file the wrongful death case. If there is no personal representative, the heirs of the decedent can file this type of case. Eligible heirs may include the surviving spouse, children, parents, siblings, or someone who acted as the decedent’s legal guardian.

Financial Compensation Recoverable in Arkansas Wrongful Death Cases

Because the court is limited to the legal relief it can provide the grieving family, the emphasis of a wrongful death case is on how to compensate the family for the economic and non-economic losses they have experienced due to their loved one’s premature death. An experienced attorney can carefully evaluate your particular situation to determine the damages you can include as part of your wrongful death claim, such as:

Medical Expenses

You can seek compensation for the medical expenses related to your loved one’s final injuries or illness.

Loss of Income

An early death can result in a significant amount of lost income that the decedent otherwise would have brought into their household during their lifetime. The family may be able to recover compensation for their decedent’s lost wages, loss of future earnings, benefits, retirement contributions, and other lost income. This monetary compensation can help provide financial stability for the decedent’s family, especially if the family financially relied on the decedent.

 If your loved one was not working but was providing other assistance to the household, such as childcare, elder care, or housekeeping, you can seek compensation to pay for these replacement services.

Funeral Expenses and Burial Costs

Funeral costs and burial expenses can quickly add up, especially when a death is unexpected. Damages can help alleviate some of these costs, which are directly tied to the defendant’s negligence.

Property Damage

You may be able to recover compensation for personal property that was damaged in the accident, such as your vehicle.

Non-Economic Damages

In addition to the economic damages outlined above, the family may be able to receive compensation for their non-economic damages. This compensation considers the decedent’s harm, as well as the emotional consequences the family experiences because of their loved one’s loss.

• Pain and suffering that your loved one suffered before their death
• Loss of moral support
• Loss of emotional support
• Loss of guidance
• Loss of companionship
• Loss of consortium

Punitive Damages

In cases involving gross negligence, Arkansas juries can award punitive damages. Punitive damages are not intended to compensate victims. Instead, they seek to punish the responsible party for outrageous conduct and deter it in the future. 

Gross negligence exceeds ordinary negligence. It involves conduct in which the at-fault party knew or reasonably should have known that their actions could result in serious injuries or death, and continued to act recklessly anyway.

What Do We Have to Prove in a Wrongful Death Case in Arkansas?

While intentional acts can sometimes form the basis for a wrongful death case in Arkansas, the most common legal theory in wrongful death cases is negligence. This requires proving the presence of the following four legal elements:

• Duty of care: The duty of care is the legal responsibility that one party owes to another in a particular situation. This duty can be a matter of law, such as that drivers must obey all traffic laws and property owners must keep their properties in a safe condition, or as a general obligation for all people to act as a reasonable, prudent person.
• Breach of duty: The defendant’s conduct violated their duty of care. For example, they may have sped, texted, or driven drunk. Property owners may have failed to inspect their properties.
• Causation: Causation links the defendant’s actions to the accident that caused your loved one’s death. This may be demonstrated with expert witness testimony.
• Damages: Damages are the losses that your family suffered due to the death and can be shown through evidence such as medical bills or funeral invoices.

As the plaintiff in a wrongful death case, you will have the legal burden of proof. In civil cases, this burden is by the preponderance of the evidence, meaning that the facts more likely than not support your version of events.

The Statute of Limitations for Wrongful Death Lawsuits in Arkansas

Wrongful death lawsuits are subject to a time limit in Arkansas, known as the statute of limitations. This Arkansas law dictates that these lawsuits must be filed within three years. This time limit is from the date of your decedent’s death, not the date of the accident, if different. 

While this may seem like a long time, your wrongful death attorney will need time to build your case. It is also important that they act quickly to preserve evidence before it is lost or destroyed.

If your claim is filed after the applicable deadline, your claim can be time-barred by the court, and you and your family can lose your opportunity to recover compensation for your loved one’s death.

Contact an experienced wrongful death lawyer from our personal injury law firm today to discuss the time limit that applies to your case and the next steps to take to pursue justice and accountability.

Differences Between a Criminal Case and a Wrongful Death Case

Some fact patterns support both a criminal case and a wrongful death case. For example, your loved one may have died due to a murder or drunk driving. While these cases can have similarities, they also have distinct differences, including:

• Purpose: The purpose of a criminal case is to punish the wrongdoer for a crime that they committed. The purpose of a wrongful death claim is to provide compensation to the family for the losses they experienced due to the early death. While the family may be able to receive restitution, this compensation is typically limited and tied to their economic losses and doesn’t compensate for their grief.
• Burden of proof: Because a guilty verdict in a criminal case can result in the loss of the defendant’s freedom, the burden of proof is the highest in the law, which requires the prosecutor to prove the defendant’s guilt by proof beyond a reasonable doubt. This standard is much higher than that required in personal injury cases, which requires a preponderance of the evidence.
• Legal representation: In criminal cases, the government brings charges and represents society at large. Prosecutors do not directly represent the deceased’s family’s interests. In a wrongful death case, a wrongful death attorney represents the plaintiff in the case.

Contact the Compassionate Legal Team at Horton Personal Injury Lawyers

If you lost your loved one under circumstances that you believe give rise to a wrongful death claim, do not hesitate to reach out to the wrongful death lawyers at our firm for assistance. The legal team at Horton Personal Injury Lawyers can stand up for you and your rights. Contact us today for a free, no-obligation consultation.