Conway Wrongful Death Lawyer

If you are the victim’s personal representative, you may file a wrongful death claim if the victim dies from negligent, reckless, or intentional conduct. We are prepared to support grieving families through such complicated litigation and ultimately get the justice they seek for deceased loved ones.

Even if you are not the plaintiff in a wrongful death lawsuit, you may be a beneficiary, meaning you get some of the damages awarded. Beneficiaries are typically a victim’s spouse, parents, children, and their siblings, and damages cover financial and non-financial losses. We can prepare you for the potential duration of your case and help you get ready to testify if the case proceeds to court. Arkansas does not cap compensatory damages in wrongful death cases, and we may even get punitive damages if your case goes to trial and the defendant’s conduct was especially egregious.

Call (479) 316-0438 for a confidential and free case review from our wrongful death lawyers.

When Can You File a Wrongful Death Lawsuit in Conway?

An eligible plaintiff may file a lawsuit against the person liable for a victim’s death in Arkansas. Similar to personal injury claims, we must prove the defendant owed the victim a duty of care which they breached, ultimately leading to their death and damages to survivors. A duty of care is a responsibility to act with others’ safety in mind, such as while giving medical care to patients or driving on the road with other vehicles. Duties of care differ but are present in many relationships.

Medical malpractice, poor property maintenance, reckless driving, and other acts of negligence cause fatal injuries in Conway. Victims might die in car crashes, slip and falls, or because of defective products, and our attorneys can help their survivors get justice via lawsuits.

You likely have three years to file a wrongful death lawsuit under Ark. Code. § 16-62-102(c)(1) unless the victim died from medical malpractice, in which case you have two years.

Speak to our attorneys soon after a loved one’s untimely and wrongful death. We can see if you have a viable claim, determine who is liable, and ultimately file the lawsuit within the applicable statute of limitations in Arkansas.

Who Can Be the Plaintiff in a Wrongful Death Lawsuit in Arkansas?

Under § 16-62-102(b), the plaintiff in a wrongful death lawsuit is generally the victim’s personal representative. If the victim did not name a personal representative before their death, their heirs may be plaintiffs in a wrongful death lawsuit.

You may still be a beneficiary of a wrongful death claim without being the plaintiff. The plaintiff is the individual who files the case, represents the survivors and the victim’s estate, and makes important decisions during the lawsuit with the guidance of our lawyers.

Under § 16-62-102(d), beneficiaries of wrongful death include the victim’s surviving spouse, children, parents, and siblings. Others who stand in loco parentis with the deceased, such as children for whom the victim was a parent figure and provided for, are also beneficiaries of wrongful death cases.

How Long Do Wrongful Death Cases Take in Conway?

All wrongful death cases differ, so all take varying amounts of time to complete. Taking the time to prepare a very strong claim might speed up settlement negotiations or trials, so give us ample time to build your case.

Settling does not guarantee a quick recovery, as many plaintiffs assume. Defendants might drag out settlement talks for too long, adding to survivors’ distress. Let us handle settlement negotiations and demand more damages when necessary. Our wrongful death lawyers will reject any unfair or offensive offers and will only advise plaintiffs to accept fair proposals that favor beneficiaries.

Trials also differ in length. The more witnesses and evidence involved, the longer a trial may take. Our attorneys can estimate the length of your lawsuit and keep you updated on its progress throughout.

Do Survivors Testify During Wrongful Death Trials?

Having survivors testify often benefits wrongful death trials. Though speaking about the traumatic loss of a loved one intimidates many victims, our attorneys are here to prepare them for this experience, which some find empowering.

Testifying allows spouses, parents, children, and all survivors to explain what they have endured because of the victim’s death. As well as discussing the loss of financial support and income, survivors can describe the mental anguish and grief they have dealt with.

Mental health professionals who have evaluated close relatives of victims may also testify about how their death has affected the family, especially young children and spouses.

Others may testify during wrongful death trials, such as eyewitnesses present during fatal accidents. Their testimony may corroborate the facts we outline in the lawsuit, helping prove the defendant’s negligence killed your loved one, making them liable for your damages.

Are Damages Capped in Conway Wrongful Death Claims?

Compensatory damages are not capped in Arkansas wrongful death claims, but there are limits on punitive damages. Compensation is never guaranteed, so have our attorneys prove damages in your lawsuit to increase your chances of a successful outcome.

Economic damages and non-economic damages are uncapped in Arkansas, meaning survivors may get substantial compensation following a loved one’s wrongful death. Economic damages comprise medical bills, lost income, and other expenses related to the victim’s death.

Non-economic damages refer to the mental anguish and grief of losing a loved one. Sometimes, non-economic damages comprise the majority of survivors’ total damages, making their recovery a paramount concern.

Punitive damages exist to punish defendants for egregious misconduct. Arkansas caps these damages at the greater of $250,000 or three times the amount of compensatory damages up to $1 million, according to § 16-55-208(a), though sometimes the cap on punitive damages does not apply, letting jurors award whatever amount they deem appropriate.

Get Help from Our Conway Wrongful Death Attorneys Now

Call (479) 316-0438 to discuss your case for free with our wrongful death lawyers.