Nothing is worse than losing a loved one out of nowhere because of another person’s negligent or reckless behavior. When tragedies of this kind strike, our lawyers can help you recover damages in a wrongful death lawsuit.
Our team can help assess and pursue the various damages available after suffering a wrongful death. Some damages can be recovered in an estate claim for the harm the victim suffered in the accident and before passing. For instance, they might have incurred significant medical expenses while doctors tried to save them while also enduring pain and suffering. You can also recover funeral and burial costs. Beneficiaries can also recover compensation for their damages like the loss of companionship and emotional support that their loved one would have provided had they not been taken by the defendant’s negligent actions.
For a free, private case review with our personal injury attorneys in Arkansas, call us today at (479) 316-0438.
What Damages Can Be Recovered in an Arkansas Wrongful Death Lawsuit?
Money can never replace a loved one wrongfully taken from you by another person’s negligence, but you deserve compensation for the incredible loss you and your family have suffered. The damages beneficiaries can recover in a wrongful death claim could be substantial since it compensates for their losses, as well as those that the deceased suffered. Our Arkansas wrongful death lawyers can explain how damages are distributed to beneficiaries and who can file the claim. The damages in a wrongful death lawsuit can be separated into those awarded in an “estate” claim and what can be recovered in a “family” claim.
Damages for an Estate Claim
When another person causes the death of an injury victim, the right to file a lawsuit against them remains notwithstanding the death of the victim, according to Ark. Code. § 16-62-102(a)(1). Even if the negligent party also dies in the accident, a wrongful death claim can be filed against their estate’s personal representative.
Essentially, the deceased’s estate can recover damages that the victim would have been entitled to if they had survived and could have filed a personal injury lawsuit. For instance, any medical expenses the deceased sustained before succumbing to their injuries can be recovered in an estate claim. This claim can also help compensate for funeral costs and burial arrangements.
The victim’s lost wages that they would have earned in their lifetime can also be recovered. Our lawyers can help calculate the value of your loved one’s lost future earnings by assessing their age, career trajectory, and other factors.
Estate claims should also account for any pain and suffering the deceased endured in the accident and before passing. If your loved one was hospitalized while fighting for life, their mental anguish and other psychological effects could be claimed, as well as their diminished quality of life before the wrongful death occurred.
The damages in an estate claim are not paid directly to the beneficiaries in the case. Instead, the compensation goes to the deceased’s estate and is distributed by the terms of their will or by Arkansas’ intestate laws if they did not leave a will.
Fortunately, no compensation recovered in an Arkansas wrongful death claim is subject to the deceased’s creditors or debts under § 16-62-102(e), allowing the estate to retain the full amount.
Damages for a Family Claim
On the other hand, damages from a family claim are paid directly to the beneficiaries to compensate them for the personal losses they suffered, including pecuniary damages and mental anguish, according to § 16-62-102(f).
Pecuniary damages typically include a spouse’s loss of companionship and services their loved one provided. Your loved one likely made several contributions to the household besides financial and emotional support, like childcare, guidance, and much more. Our team can help assess the various forms of support you and your family now lack.
Your family claim can also compensate you for the profound mental anguish an expected death typically causes. It is not uncommon to develop mental health conditions like depression during these times, which can significantly impact your ability to enjoy day-to-day life. Mental anguish also includes the grief and sorrow that typically accompanies such a loss.
The jury, or court if there is no jury, will decide the share of damages each beneficiary receives, as per § 16-62-102(g). The apportionment of damages can be based on several factors, including the nature of the relationship with the deceased, the beneficiaries’ ages, and the degree of suffering the loss is likely to cause them.
Who Are the Beneficiaries in a Wrongful Death Claim in Arkansas?
The beneficiaries of the damages of a wrongful death claim are separated into a few categories under § 16-62-102(d). The first group is close family members, including spouses, children, parents, and siblings. Those considered to be “loco parentis” to the deceased, meaning that they were like a parent to the victim, can also recover compensation in the claim. If the deceased were like your parent, you would also be considered a beneficiary.
In most cases, the personal representative is the one who files a wrongful death claim on behalf of the beneficiaries, according to § 16-62-102(b). If the deceased did not name a personal representative for the estate, a legal heir can file the action. Our team can also work with the court to have you appointed as the personal representative.
How Much Time is Given to File a Wrongful Death Case in Arkansas?
Most wrongful death lawsuits must be filed within three years of the death of a loved one under § 16-62-102(c)(1). However, suppose the deceased was a victim of capital murder or murder in the first or second degree for which the defendant was convicted. In that case, you will have the same amount of time to file a claim as the state would have to prosecute that crime under the criminal statute of limitations.
Contact Our Wrongful Death Attorneys in Arkansas Today to Get the Legal Support You Deserve
To schedule a confidential and free case assessment, call our Huntsville, AR personal injury lawyers at (479) 316-0438.