If your loved one died in a Little Rock, AR, incident that another person’s negligence caused, you may be able to hold them responsible. Compensation will not replace your family member, but it can help you make ends meet and secure your financial well-being. The team from the Morris Bart law office in Little Rock may be able to help.
You can learn more about our team, services, and your own case by contacting us today. We provide complimentary case reviews to families who lost a loved one.
What Compensation Can My Family Recover after a Wrongful Death?
In Arkansas, every wrongful death case consists of two claims—the claim for the family and the claim for the estate. While these two claims often have the same beneficiaries in the end, they serve different purposes.
Each claim is unique, so there is no way to know the potential value of your claims this early in the process. We establish an acceptable settlement range for our clients following our investigation but before negotiating with the insurer.
Recoverable damages following your loved one’s death could include:
Compensation Paid to the Family
The damages paid toward a “family claim” compensate the surviving family members for their own losses and related expenses incurred because of the loss of their loved one. This includes:
- Loss of income and financial support from the decedent
- Loss of services the decedent previously provided
- Loss of care, companionship, guidance, and other intangible services
- Emotional suffering and grief caused by the death
Compensation Paid to the Estate
On the other hand, the “estate claim” covers the losses the victim suffered before their death or because of their death. Some states call this a “survival action.”
Generally, recoverable damages are those that would have been available through a personal injury case had the victim survived their injuries. Examples include:
- Medical bills related to their injury
- Funeral and burial costs
- Lost wages between the accident and their death
- Property damages
- Conscious pain and suffering experienced before they passed away
When the insurance company pays these damages, whether because of a settlement or court award, they go to the estate. They are then distributed according to the will or another estate plan.
For a free legal consultation with a Wrongful Death lawyer serving Little Rock, call (501) 588-3304
Morris Bart, LLC, Recovered Payouts for Thousands of Clients in 2019
Our law office in Little Rock is one of 15 locations that the Morris Bart law firm operates. We are a contingency fee law firm representing injured clients and their families in four states:
We have more than 40 years of experience protecting our clients’ rights and fighting for their best interests. We know what it takes to identify evidence, build a solid case, and recover compensation. We won more than 6,500 cases for our clients in 2019.
We provide online and onsite services for clients and potential clients, including from our Little Rock location at:
124 W. Capitol Ave. #1650
Little Rock, AR 72201
We offer free consultations where you can learn much more about our team and your case. This includes:
- Your rights as a family member
- Your options for seeking compensation
- The services we offer
- How we may be able to help you
Connect with a team member today by contacting our office.
What Is Wrongful Death Under Arkansas Law?
In Little Rock, AR § 16-62-102 defines what qualifies as wrongful death. In general, if your loved one’s death was “caused by a wrongful act, neglect, or default,” you may have a case.
In general, if your family member had a right to file a personal injury lawsuit based on the facts of their accident, but they died before they could, you probably have a wrongful death case.
You may be able to bring a claim or suit against the person, company, or agency that caused your loved one’s accident, injury, and death.
Who Can Benefit from an Arkansas Wrongful Death Case?
The wrongful death statutes in Arkansas limit who can receive monetary damages from the family claim portion of these actions. In general, the law limits beneficiaries to:
- The surviving spouse
- Minor or adult children
However, it also includes anyone who does or had ever stood “in loco parentis” for the person who died. This could include grandparents, aunts and uncles, or any other legal guardian.
Our team can determine who the state laws allow to file a claim for your family and who can recover damages. We will discuss this and other details of your potential case during your free case evaluation and consultation.
Timeline for Suing the Liable Party or Parties for Your Loved One’s Death
Many wrongful death actions settle through the negotiations process and do not go to trial. Sometimes, though, it is necessary to sue the liable party or parties and present the evidence we gathered to the judge and jury. For this reason, we must protect our clients’ rights to do so.
Crucial to protecting their right to file a lawsuit is meeting all applicable deadlines. Under AR § 16-62-102(c)1, they usually have three years to take the initial steps toward a wrongful death civil action.
However, exceptions are relatively common. They can significantly decrease how long the victim’s family has to take action. We encourage you to contact us as soon as possible to ensure you understand the deadlines in your case before you do anything else.
Discuss Your Options with Morris Bart, LLC, in Little Rock Today for Free
You can speak to an attorney serving the Morris Bart law office in Little Rock about your case today. Our team provides complimentary consultations for families who lost a loved one in an Arkansas negligence accident.
You can connect with us by calling (501) 588-3304 today. We can get started with your free case assessment right away.
Questions?Call (501) 588-3304
to find a Morris Bart office near you.