A wrongful death claim is brought against a wrongdoer who has caused another person’s death either negligently or intentionally. The wrongdoer may be a corporation, an individual, a manufacturer of a dangerous product, or a host of other potentially responsible parties who caused the death. The estate of the deceased person files the wrongful death claims. A lawsuit is filed against the party who is legally liable for the death. The suit is often filed by a representative of the estate, on behalf of family members and other affected parties. Do you think you need a wrongful death attorney in Arkansas? This article will help you understand what’s involved with a wrongful death lawsuit.
When can I file a Wrongful Death Claim?
A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of negligence or intentional harm. This can result from a variety of situations.
- Medical Malpractice – If a doctor fails to diagnose a condition, or if the doctor was careless in the care provided, and the patient dies.
- Car Accidents – Fatalities involving negligence.
- Trucking Accidents – Death resulting from a trucking accident.
- Workplace Deaths – When an employee dies on the job due to safety violations from superiors.
- Defective Products – Death resulting from any product.
Who Can File a Wrongful Death Claim?
A wrongful death claim is typically filed by a representative of the estate of the deceased victim. A spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed. Minors can also collect compensation for the death of their parents.
Wrongful Death Damages
There are several categories of losses for which a survivor may be able to receive compensation:
- The deceased person’s pre-death pain and suffering (This is called a survival claim in a wrongful death case)
- The medical costs the deceased victim incurred as a result of the injury before death
- Funeral and burial costs
- Loss of the deceased person’s expected income
- Loss of any inheritance as a result of the death
- Value of the services that the deceased would have provided
- Loss of care, guidance, and nurturing that the deceased would have provided to their children
- Loss of love and companionship
- Loss of consortium
- Punitive damages if the defendant’s conduct was intentional or extremely reckless ( example if a drunk driver causes a death ).
Do You Think You Might Have a Wrongful Death Claim in Arkansas?
Call Daniels Law Firm Today and Get the Compensation You Deserve
(479) 521-7000