Serving clients in Fayetteville and all of NW Arkansas
What does wrongful death mean? According to the Wrongful Death Statute, whenever the death of a person or viable fetus is caused by the wrongful act or neglect of another, personal representatives of the injured party are entitled to maintain an action and recover damages against the person, company, or corporation that would have been liable had death not ensued.
The Wrongful Death Statute is codified in the Arkansas Code Title 16-62-102. It is extremely important to note that the cause of action in the instances of wrongful death survives the death of both parties. This means that personal representatives may bring a lawsuit against a wrongful party, and even the personal representatives of the estate of a wrongful party who has died.
Getting Down to the Basics – What does a Wrongful Death Claim Cover?
Wrongful death claims are powerful in that they survive across an event that typically nullifies a lawsuit – Death. Personal representatives of an estate (immediately family members, administrators, and legal guardians) may bring a wrongful death claim to cover damages involved in:
- Medical bills and other bills associated with the accident before the decedent passed away.
- Loss of value of the decedent’s remaining life.
- Wages the decedent would have earned had the negligence not occurred.
- The economic damages the immediate family has suffered as a result of the decedent’s death.
- Funeral and burial costs.
- Loss of any and all financial support by the decedent.
- Any loss of household services that the decedent was responsible for.
- Loss of companionship for family members of the decedent.
- Loss of the care, comfort, and guidance by the decedent.
The claims under the Wrongful Death Statute are two-fold. Some of them may be brought by the estate of the decedent. Others may be brought by personal representatives of the decedent. In order to learn more about what claims you and your decedent’s estate may bring in a wrongful death action, contact Ken Kieklak.
Statute of Limitations on Wrongful Death Claims in Bella Vista, Arkansas
The statute of limitations on wrongful death actions is one year in the city of Bella Vista. This is also true for the entire state of Arkansas.
A statute of limitations is the amount of time that a claimant may proceed with a claim before it is time-barred. In other words, after the injury, plaintiffs only have a certain amount of time to bring a claim in accordance with state statute. The only way to toll, which in this case means prevent, the time-bar from accruing is if it is not reasonably clear that the death of a loved one was caused by the negligence of an individual, company, or corporation. Therefore, it is extremely important to contact an attorney right away so that you can take advantage of you and your family’s rights against the negligence of another.
The reason the statute of limitations on Wrongful Death claims exists is so that parties cannot bring action against a defendant whenever it pleases them. This also eradicates any parties who may not be serious about a claim, and does not open the “floodgates” to any and all frivolous actions. This is good for both plaintiffs and defendants, in that it allows the courts to take claims much more seriously and moves the judicial proceedings at a faster pace. If claims were able to be brought from 20 plus years ago, then the courts would be flooded with both serious and frivolous claims and the timeliness of evidence would deteriorate.
Bella Vista, Arkansas & the Wrongful Death Statute
There is plenty to do in the city of Bella Vista that is fun for all ages and families. Bella Vista has lakes sprawled across its beautiful landscape. Here are some lakes that you and your family could visit and enjoy:
- Lake Ann
- Lake Windsor
- Taynard Creek
- Lake Brittany
Bella Vista also has a stunning golf course:
- The Bella Vista Kingswood Course
If you or a loved one has been injured in Bella Vista at any of these places or other attractions in Bella Vista, please contact Ken Kieklak, Attorney at Law immediately. Ken Kieklak is an attorney that will fight for your rights, no matter the size of your claim. He will help you to understand the legal action that you should take and make your representation as smooth as possible.
Your Family Needs a Knowledgeable and Skilled Bella Vista Wrongful Death Attorney
If your wife, husband, mother, father, son or daughter was involved in a fatal accident, contact our firm immediately. You need representation that will protect your family’s rights.
For more than 20 years, Ken Kieklak has stood-up for Arkansas families who have suffered the loss of a loved one. For your free and confidential consultation, contact Ken Kieklak by calling (479) 251-7767 or contact us online today.
Catching a foul ball or a home run hit at a baseball game can be a fantastic experience and can give you a great souvenir. However, baseballs entering the stands with the force of a professional hit can put fans and spectators at risk, especially for children or...read more
If you are involved in a car accident and the negligent driver that struck you was operating a rental car, this could make your situation more complicated. You may be left wondering whether the at-fault driver or the rental service can be held liable for your...read more
Disability benefits can come from a few different sources. If your disability insurance is paid through your work, you might be entitled to certain protections that keep you from losing your job. Other disability programs, like the SSDI program paid by the Social...read more
Claiming workers’ compensation and getting the treatment and coverage you need can be stressful. While receiving workers’ comp., you may be anxious to get back to work – or your doctor may tell you that you should return to work earlier than you might expect. In...read more