When a loved one is killed due to another person’s negligence, surviving family members have a right to file an Arkansas wrongful death lawsuit. Life comes to a standstill, and you are left to handle the funeral expenses while you grieve. Thinking about filing a lawsuit can seem overwhelming during the intensely emotional time after a loved one’s death. You do not have to shoulder the burden of seeking compensation alone.
No amount of compensation can bring your loved one back. However, obtaining compensation through a lawsuit can help you and your family financially cope with your loved one’s death. Pursuing a wrongful death lawsuit also allows you to hold the defendant accountable for his or her negligence and your loved one’s death. Contact the Law Offices of Bryce Cook today to learn more about seeking compensation through a wrongful death lawsuit in Arkansas. We offer new clients a free initial consultation.
Submitting a Wrongful Death Lawsuit in Jonesboro, Arkansas
When one person or company’s negligence causes another person’s death, the victim surviving family members can file a wrongful death lawsuit in Arkansas. Submitting a wrongful death lawsuit is one way for the surviving family members to recover compensation and hold the negligent person or company responsible. Wrongful death claims are essentially personal injury claims, except that the victim himself or herself doesn’t bring the claim. Instead, the surviving loved ones bring the claim.
Civil courts handle wrongful death lawsuits, not criminal courts. The defendant may face criminal charges and civil liability through a wrongful death lawsuit. Suppose the defendant killed another driver while driving while intoxicated with a .095 blood alcohol concentration. In that case, prosecutors would likely bring DUI charges against him. In addition to criminal charges, the surviving family members could bring a civil lawsuit. If they succeed, the defendant would be required to pay the family compensation for their loved one’s death.
Who Can File an Arkansas Wrongful Death Claim?
Not everyone is eligible to file a wrongful death claim. Under Arkansas law, the deceased person’s estate representative is responsible for filing the wrongful death lawsuit. If the deceased individual had a last will and testament, he or she probably appointed an estate representative. If not, the court will appoint an estate representative. However, if the deceased individual didn’t have an estate, his or her next of kin can file a wrongful death lawsuit. Next of kin includes the deceased individual surviving spouse, children, parents, or siblings.
Why You Need a Skilled Lawyer On Your Side
Trying to cope with the grief of losing a loved one can be excruciating. Attempting to deal with insurance companies while grieving your loved one’s death can seem overwhelming. When you hire personal injury attorney Bryce Cook to handle your wrongful death claim, you can rest assured that he will negotiate with the insurance company on your behalf so you can focus on recovering from your loss. Whether you seek compensation from an insurance company or plan to file a personal injury lawsuit, he will handle the entire claim.
When you file a claim for compensation, you will need to provide evidence that the defendant’s negligence caused your loved one’s death. When you work with an experienced personal injury lawyer, your lawyer will conduct a thorough investigation into your loved one’s death. At the Law Offices of Bryce Cook, we have an extensive team of experts with whom we work to gather evidence for our clients.
Suppose your loved one died in a car accident. We can work with accident reconstruction specialists to prove that the defendant’s negligence caused the car accident that resulted in your loved one’s death. One of the most important aspects of a wrongful death lawsuit is demonstrating how much the surviving family members will lose financially due to their loved one’s death. We will help you accurately measure the financial losses you’ll endure due to your loved one’s wrongful death by working with financial experts.
Damages Available
In Arkansas, there are two categories of wrongful death lawsuits: family claims and estate claims. Estate claims occur when the personal representative of the deceased’s estate files the lawsuit. Any money earned in a settlement or verdict will go to the estate, not necessarily the surviving family members.
The personal representative will distribute the proceeds according to the deceased individual’s will or through Arkansas’ intestate statutes if there is no will. Successful plaintiffs will receive compensation for the loss has its incurred due to the wrongful death, such as:
- Funeral expenses and burial costs
- Compensation for the pain and suffering of the deceased
- The deceased’s medical bills before his or her death
- Compensation for the deceased’s future loss of wages
In a family claim, a surviving family member brings a lawsuit on behalf of the deceased. Family wrongful death claims are intended to compensate the surviving family members for the financial and emotional losses they’ve endured because of their loved one’s death. In a family wrongful death claim, the compensation awarded goes directly to the family members, who can divide the compensation among themselves as they see fit. Surviving family members are entitled to the following types of compensation:
- Loss of earned income
- Loss of consortium (comfort, care, etc.)
- Loss of household services
- Loss of benefits
- Emotional pain, trauma, and suffering
Contact a Jonesboro Wrongful Death Lawyer Today
No amount of financial compensation can ever replace the loss of a loved one. However, recovering compensation for a loved one’s death can help you and your family financially. At the Law Offices of Bryce Cook, we believe in holding negligent people and companies responsible for the deaths they cause. If you’ve lost a loved one due to another person’s negligence, please contact our Arkansas law firm today to schedule a free consultation.