Under Arkansas law, a wrongful death is usually caused by a wrongful act, default, or neglect of another person by another entity, company, or corporation. Put another way, it is the death of an individual as a result of negligence. Examples may include, but are not be limited to:
- An intentional act that may include a crime;
- An incident resulting in death caused by negligence for a truck, motorcycle, car crash; and
- Defective product.
In wrongful death cases, typically an executor, also referred to as a personal representative, will seek compensation for the estate. Eligible heirs who have the legal right to pursue a wrongful death claim include the following:
- A surviving parent, spouse, children, and siblings.
- Someone acting in place of a parent, such as a legal guardian “in loco parentis.”
- An individual to whom the deceased stood in loco parentis at any point in the deceased’s life.
The difference between wrongful death and homicide claims is that in a wrongful death lawsuit, the defendant’s liability is financial compensation. The second difference is that the plaintiff only needs to prove a defendant is liable by a preponderance of the evidence.
In a criminal case, a defendant’s guilt must be established beyond a reasonable doubt. It is also possible to have a situation where there are criminal charges and wrongful death. This is why having an attorney who has experience in both fields is beneficial.
Damages Available in an Arkansas Wrongful Death Case
In Arkansas, damages in a wrongful death lawsuit fall into two categories. The first is damages awarded to survivors on behalf of a deceased’s family. This is also referred to as a “family claim.” The second is damages awarded on behalf of the deceased’s estate.
Typical damages that may be claimed include the following:
- Loss of financial support of deceased;
- Loss of education;
- Loss of training;
- Loss of guidance the deceased may have provided to children;
- Loss of companionship with a surviving spouse; and
- Suffering, pain, grief and despair.
Estate damages may include the following:
- Burial, cremation, and funeral expenses;
- Medical expenses for treating the deceased’s final injury;
- Suffering and pain endured before death; and
- Lost value of the deceased’s remaining life, including wages, likely earned.
It is important to know that in Arkansas, any proceeds from a wrongful claim are paid to the estate and become assets of the deceased’s estate. Damages are approved by the presiding judge and distributed to the family members per court order. Additionally, any wrongful death lawsuits must be filed within three years from the date of the deceased’s death. If a case is not filed within that time frame, the surviving family may lose their right to file a case at all.
At the Law Office of Jason M. Hatfield, we can answer any questions you may have about filing a wrongful death lawsuit. Call us today. We are here to help you navigate a very tough time in your life. We can be reached at (479) 361-3575.