Losing a loved one is a horrible experience. The grief associated with a loved one’s death can sometimes feel insurmountable. But what should you do if your loved one died at the hands of another? What if that person’s negligent actions led to your loved one’s death?
A very simple answer to this extremely complex issue is the wrongful death doctrine. A wrongful death occurs when an individual dies or is killed due to the negligence or misconduct of another. Wrongful acts include such things as an intentional attack, battery, death during the commission of a crime, manslaughter, and murder.
A wrongful death claim is a claim by an estate against defendants who have engaged in this conduct, and the result of that conduct was the death of the decedent.
In order to bring a wrongful death claim after the decedent has passed for benefit of the estate, a personal representative must bring the claim. A personal representative may include the administrator of the estate. A personal representative may also include the decedent’s children, parents, siblings, or legal guardians. Any of these persons may be deemed personal representatives of the estate and are proprietaries in bringing a wrongful death claim.
Elements of a Wrongful Death Claim
The elements of a wrongful death claim vary depending on the jurisdiction in which your claim is brought. In Bentonville (and Arkansas generally), wrongful death claims must include the following:
- The death of an individual following the actions of another person or entity.
- After the negligent, reckless, or intentional acts by the defendant led to the death of an individual, the family members of the decedent suffer a direct and real injury.
- Financial damages ensue as a result of the defendant’s negligence.
What Types of Wrongful Death Claims do our Attorneys Handle?
Ken Kieklak and his firm handle many different areas of wrongful death claims. If your loved one has suffered a death as a result of any of the following, then you need to contact our firm immediately:
- Fatal Car Accidents
- Fatal Truck Accidents
- Fatal Motorcycle Accidents
- Medical Malpractice
- Hospital Administration Negligence
- Products Liability Issues
- Workplace Accidents
- Theme & Water Park Accidents
- Medication Errors
- Medical Device Errors
- Pedestrian Accidents
Losing a loved one to any of these types of accidents can be devastating. If your loved one has died of any of these or another fatal accident,, then you need to contact Ken Kieklak as soon as possible with the details of your case. Time may be running out on your claim, so it is important that you act quickly.
Why Should I File a Wrongful Death Claim
Once again, wrongful death claims are those actions taken against individuals for their misconduct, which resulted in the death of your loved one. Wrongful death claims are important remedies in civil actions because they protect the estate of the decedent and the family of the decedent.
Without wrongful death actions, families might have fewer damage claims against individuals that are responsible for the death of a loved one. Families may not be as secure without the economic contributions brought by the decedent. Emotionally, family members are distraught, and without a wrongful death action, descendants and other loved ones might have a much more difficult time finding “closure.” Sure, a wrongful death action will never bring your loved one back to life. But at least a wrongful death claim allows families to find peace and closure in the retribution associated with holding individuals and entities responsible for the decedent’s passing.
What Does This Mean in Bentonville?
Bentonville, AR, is a fun and vibrant town in the heart of Arkansas. Bentonville in particular is the home of various cultural museums, such as the Crystal Bridges Museum and the Museum of Native American History. Bentonville is also home to the Walmart Museum, the 21st Century Museum, the Amazeum, and the Peel Mansion Museum. Each of these offers a different take on the cultural vibrancy of Arkansas and its power to teach and learn about history.
If you or a loved one has been injured or killed in an accident in Bentonville, AR, then you need to call Ken Kieklak at once. Ken will help secure your rights and fight for you and your family to recover the damages that you deserve.
Your Family Needs Knowledgeable and Skilled Representation
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, Attorney at Law by calling (479) 316-0438 or contact us online today.