Losing a loved one unexpectedly because of another person’s negligence could cause your entire world to come to a standstill. Your plans and dreams disappear. All your family is left with is grief, emotional pain, and financial losses from funeral and burial expenses to income the family relied upon. You should not have to travel this path alone.
You will have to prove negligence if you want to hold another person or entity responsible in a wrongful death claim. Insurance companies will often try to limit liability or shift the blame for the accident onto your deceased loved one. When this happens, you need our experienced Farmington, AR wrongful death attorneys.
While wrongful death claims arise out of other types of personal injury cases, they are more complicated. Our law office has been serving the people of Farmington for decades, holding negligent individuals and companies financially accountable for the harm they caused. To review your legal options, call (479) 316-0438.
What is Wrongful Death in Farmington, AR
Wrongful death is defined under Arkansas law. Typically, if your loved one dies because of a wrongful act, neglect, or default, you might have grounds for a wrongful death claim. If your loved one would have had a personal injury claim given the circumstances surrounding their accident, the surviving family member might be able to file a wrongful death lawsuit.
Our Farmington wrongful death lawyers will bring a claim against the person, company, or entity that caused the injury and death. Wrongful death claims can arise out of many different types of incidents, events, and accidents.
Automotive Vehicle Accidents
Car accidents can lead to serious or fatal injuries. The chances of a crash turning deadly increases when a truck or motorcycle is involved. If your loved one was killed by a drunk, distracted, or otherwise negligent driver, you could have grounds for a wrongful death claim.
Medical and surgical errors result in adverse complications, illness, and death. If you lost a loved one because of the negligent conduct of a medical professional, you have the right to seek financial compensation for your loss.
Slip and Fall Accidents
Most people do not equate slip and fall accidents with serious injuries. However, slip and falls are a leading cause of traumatic brain injuries. While permanent paralysis is often thought of as the most severe head injury, brain damage could result in death. Additionally, if someone falls from a great height, the impact could be fatal. When these types of accidents occur, it might be possible to hold the property owner or manager liable for your loved one’s death.
Some jobs are inherently dangerous, especially construction work. Most people believe that if they lose a family member in a work-related accident, their only recourse is filing a workers’ compensation claim. While, in many cases, this is true, there are also times when a third party could be held responsible for your loved one’s death. Before settling, you should speak with our experienced Farmington wrongful death lawyers.
Compensation In a Farmington, Arkansas Wrongful Death Claim
In a Farmington wrongful death lawsuit, surviving family members might be able to seek financial compensation for medical expenses, funeral and burial costs, as well as more intangible harm.
Two types of claims could be filed if someone was killed because of another’s negligence: a wrongful death claim and a survival claim. The main difference between the two kinds of claims is what kind of compensation is awarded.
Wrongful death lawsuits compensate surviving family members for their losses. These include financial losses such as lost income, retirement benefits, and medical costs. Other losses are non-economical, such as loss of companionship, loss of guidance, and grief.
On the other hand, compensation awarded for a survival claim goes directly to the deceased’s estate. A survival claim is similar to a personal injury claim filed on behalf of the victim seeking compensation for the harm they suffered before they died. Therefore, the estate could be compensated for the pain and suffering the deceased endured before their death.
Who Has the Right to File a Wrongful Death Lawsuit in Farmington, Arkansas
According to Arkansas law, only specific people are permitted to file a wrongful death lawsuit. Our Farmington, AR wrongful death attorneys have represented many kinds of grieving survivors.
- The deceased’s surviving spouse
- The deceased’s children
- The parents of the deceased
- The deceased siblings
- The deceased personal representative or executor of their estate if there are no surviving family members
Survival Claims and Wrongful Death Claims in Farmington, AR
There are two types of claims that could be filed after someone loses their life due to another’s negligence. In many cases, our Farmington, AR wrongful death lawyers will file both claims together.
The first type of action is called a survival claim. This is filed on behalf of the deceased’s estate by the executor or personal representative. The easiest way to think of a survival claim is as a personal injury lawsuit filed on behalf of the deceased. The estate could recover the same damages that the deceased would have been entitled to had they not been killed.
Alternatively, a wrongful death claim is filed on behalf of the surviving family members. In this type of claim, the plaintiffs are seeking compensation for their losses, including the financial support and emotional guidance the deceased provided.
Farmington AR Wrongful Death Lawyers Working for Grieving Family Members
An unexpected death could set a chain of events in motion that devastate a family. Emotional pain is coupled with financial chaos. Our Farmington, AR wrongful death attorneys are here to help you through this difficult time. To have someone advocating for your rights, call (479) 316-0438.