Mountain Home, AR Wrongful Death Lawyer

Few accidents are as financially and emotionally destructive as those involving the death of a loved one. If a family member was wrongfully taken from you by another person’s conduct, our lawyers can help you get justice.

Whether or not the person who took your loved one’s life was charged with a crime, our attorneys can help you file a claim for compensation against them in civil court. A defendant does not have to intentionally cause the death to be held liable in a lawsuit. If they killed another person through an act of negligence, our team will hold them accountable for the damages they caused. This includes getting compensation for the damages your loved one would have received had they lived to file a lawsuit. We will also assess your and other family member’s personal losses that you will be deprived of now that your loved one is gone. Our team can review your case today to determine if you have a claim.

For a free case assessment with our wrongful death attorneys, contact us today at (479) 316-0438.

What to Know Regarding Wrongful Death Lawsuits in Mountain Home, AR

When another’s negligent or intentional conduct takes a person’s life, it is known as a “wrongful death.” When someone else is responsible for another person’s death, they might or might not be charged with a crime, depending on the circumstances. Whether they are charged, though, does not matter. Victims’ families can still pursue justice in civil court by filing a lawsuit. Our wrongful death attorneys can explain every detail about how these claims work and if you are entitled to compensation. The following will help you understand everything you should know about filing a wrongful death lawsuit in Mountain Home:

How Wrongful Death is Defined

As mentioned, when someone you love is taken from you because of someone else’s intentional or negligent actions, it is called wrongful death. According to Ark. Code § 16-62-102(a)(1), family members have the right to seek compensation if the person who passed away would have had the right to file a lawsuit if they were still alive. This means that the right to sue is transferred to the deceased’s family members.

Wrongful death claims also allow the surviving family to get compensation for their own damages. These damages can help compensate for the loss of the support, guidance, and other aspects that the deceased would have provided had they survived.

For example, if a car accident is caused by a negligent driver, the injured party can typically file a claim against them. If the accident results in the victim’s death, the right to file a claim does not disappear. The estate of the deceased victim can still hold the negligent driver accountable.

Wrongful death claims can also be filed if the death was deliberately caused. For instance, the family of a murder victim has the right to file a lawsuit against the perpetrator. In these cases, we normally wait until the prosecution concludes before filing a lawsuit in civil court. We can often use evidence from the criminal trial in your civil suit.

Our wrongful death attorneys have the experience to collect the necessary evidence to demonstrate your losses. If the defendant also passed away in the incident, we can still assist you in seeking justice. According to § 16-62-102(a)(2), we have the option to file a lawsuit against the defendant’s estate if they did not survive the incident.

Time Limit to File a Wrongful Death Claim

Unfortunately, you have a limited amount of time to file your claim in Mountain Home. This time limit is commonly referred to as the “statute of limitations.” According to § 16-62-102(c)(1), you have three years from the date of your loved one’s passing to file. If the date of death is different from the date of the accident due to hospitalization, however, our team can help you determine the correct filing date.

Preparing for what is, more often than not, a highly complex case takes a lot of time. Collecting evidence is also time-consuming, especially when trying to get it from the defendant. Thus, there is no time to waste following the loss of a loved one. If you are unsure whether you have a valid claim, contact our team before it is too late. Once the statute of limitations passes, you will not be able to get compensation for your heavy losses.

An exception to this rule is if your loved one was murdered. According to § 16-62-102(c)(1)(A)-(C), the surviving family has the same amount of time to file their claim as the state has to file charges for the specified type of murder. Arkansas law does not limit when charges can be filed for capital murder, first-degree murder, or second-degree murder, so you can file a claim at any point after the prosecution.

Who Can File a Wrongful Death Claim

One common source of confusion in wrongful death cases is determining who is eligible to file a claim for the deceased. In Mountain Home, the person who can file a wrongful death claim is usually the personal representative of the deceased’s estate. However, exceptions exist.

As per § 16-62-102(b), the personal representative is responsible for filing a claim on behalf of the victim’s heirs. However, an “heir at law” can file their own claim if a personal representative is not appointed or selected. Often, the deceased will name a personal representative in their will. In cases where someone dies without a will or “intestate,” a personal representative might not have been designated. If so, our attorneys will help you prepare your claim and guide you throughout litigation.

Beneficiaries of a Wrongful Death Claim

Our team can also determine whether your relationship with the deceased entitles you to seek damages. According to § 16-62-102(d), beneficiaries have the right to receive damages after the claim is resolved. § 16-62-102(d)(1) defines beneficiaries, which include surviving spouses, children, parents, and siblings.

However, individuals acting as a parent to the victim, known legally as “loco parentis,” could be eligible for compensation under § 16-62-102(d)(2). Loco parentis is a legal term used to describe someone who assumed a parental role. If the deceased was like your own child, we can assist you in determining if this rule applies to your situation.

• 16-62-102(d)(3) also permits individuals to pursue compensation if the deceased was like a parent to them. Typically, you will need to provide evidence of your relationship with the deceased when filing a wrongful death claim, and our team can assist you in gathering this evidence.

Our Mountain Home, AR Wrongful Death Lawyers Can Help You Get Justice for Your Incredible Loss

Call us at (479) 316-0438 to talk with our wrongful death lawyers and get your free case review.