Serving clients in Fayetteville and all of NW Arkansas
The death of a loved one is always a heart-rending and emotionally taxing experience. When death is due to natural causes, we mourn and grieve our loss, but we also understand that illness is sometimes an unavoidable part of life and the process of aging. However, when the passing of a loved one was avoidable, and was caused by the negligence, recklessness, or intentional action of an outside party, the circumstances of the death can be all but impossible to accept.
The wrongful death of a loved one understandably leaves the decedent’s survivors emotionally distraught. To complicate an already devastating situation, the decedent’s passing often leaves surviving loved ones buried in extensive medical bills, funeral bills, and bills for previous financial obligations. When you are left in the center of so much financial and psychological turmoil, it is easy to feel lost, overwhelmed, and helpless. Is there any legal action you can take to ease your hardships as the decedent’s survivor?
What Is Wrongful Death?
Wrongful death occurs when a person is killed by the negligent, willful, or wrongful act of another party. If an industrial worker dies because he or she make a mistake in a safe and properly regulated work environment, it is unlikely to be considered wrongful death. However, if an industrial worker dies because they follow procedure perfectly, yet the job site utilizes a faulty and dangerous piece of equipment, it could be considered an instance of wrongful death. If the job site had met industry standards and observed appropriate safety policies, the death could have been avoided.
Who Can File a Wrongful Death Lawsuit?
Incidents resulting in wrongful death not only injure the party who passes away, but also cause mental, emotional, and financial anguish to the deceased party’s loved ones. Many states, including Arkansas, allow the decedent’s surviving loved ones to bring a lawsuit to recover damages on behalf of the deceased.
In Arkansas, the executor or administrator of the deceased’s estate can bring a wrongful death lawsuit. The executor or administrator is often the decedent’s spouse, parents, children, or sibling.
How is Wrongful Death Compensated in Arkansas?
The State of Arkansas observes a legal statute which allows an executor or administrator to seek recovery against the wrongdoer responsible for the wrongful death. The term executor refers to a person who is appointed by a testator (creator of a will, i.e. the decedent) to carry out the terms of the testator’s will, while the term administrator typically refers to a person who is appointed by the court when the decedent has left no will.
Specifically, executors and administrators may seek financial recovery for:
- Pain and Suffering
- Funeral Expenses
- Loss of Wages
- Loss of Companionship
- Medical Expenses
Arkansas Wrongful Death Attorney Ken Kieklak Can Help
Ken Kieklak, Attorney at Law has been litigating wrongful death cases for nearly 20 years, and we understand the difficulty of losing a loved one suddenly due to the actions of another party. We are unable to take away your suffering; but we will fight aggressively to ensure you are compensated favorably for your devastating losses.
We are sensitive to the fact that when you are in mourning for a loved one’s passing, the last things you want to think about are complicated legal and financial matters. Our experienced legal team will take care of handling your wrongful death lawsuit, from beginning to end.
Over our many years practicing wrongful death litigation, we have handled numerous cases involving widely varied background contexts. Our legal team has worked on wrongful death cases resulting from:
- Motor Vehicle Accidents
- Carbon Monoxide Poisoning
- Work-Related Injuries
- Medical Malpractice
If one of your loved ones has passed away due to the actions or negligent inaction of an outside party, you may be able to file a wrongful death lawsuit and win compensatory damages for all the hardships you have endured. To speak confidentially with an experienced Fayetteville, Arkansas wrongful death attorney, call Ken Kieklak at (479) 439-1843, or contact us online. You have a limited time following a wrongful death to initiate legal action, so don’t wait until the window of opportunity has closed. Call us today to see how we can help.
As part of applying for disability, you may need to fill out a “function report.” This form requires a large amount of information about your daily life and life-tasks, focusing on what you are and are not able to do. After you give the Social Security...read more
Workers’ compensation and disability are two programs that work to the benefit of injured and disabled workers respectively. However, there are differences between workers’ comp and disability that a person should know about before filing an application for either...read more
Drivers behind the wheel of a car or truck have a responsibility to drive safely and follow the rules of the road. Pedestrians walking along the road or crossing the street have little to no protection from airbags, seatbelts, or other protective devices, and they...read more
After being involved in a car accident, most people involved will focus on the issue of fault. People wonder whether they are at fault for the crash or how they can prove the other driver was at fault. In most car accident cases, “fault” is determined by looking at...read more