Conway Wrongful Death Attorney Helping Families Recover Compensation For Their Tragic Losses
There is nothing more devastating than the unexpected loss of a loved one. The loss is even more heart-breaking if it was caused by the negligent acts of another person. This type of loss is known as a wrongful death.
Taking legal action against the party that was responsible for your loved one’s death may be the last thing on your mind at a time like this, but it’s important to move quickly to protect your right to compensation.
If your loved one suffered a wrongful death, contact the lawyers at Denton & Zachary, PLLC right away. Let us help your family seek justice and recover the compensation you deserve.
What Are the Most Common Types of Wrongful Death Claims?
A wrongful death claim can arise any time someone is killed as a result of another party’s negligence. Some of the most common types of wrongful death claims involve:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Medical Malpractice
For example, if your loved one is killed in a car accident caused by a negligent driver, your family could file a wrongful death claim against the at-fault party in order to recover compensation for your loss.
Can I File A Wrongful Death Claim in Arkansas?
There are certain rules regarding who can file a wrongful death claim in Arkansas. In this state, the person that has been named the personal representative of the victim’s estate is allowed to file a wrongful death claim. However, if the victim did not appoint a personal representative, the law gives the victim’s “heirs at law” the right to file a claim instead. The heirs at law include:
- Parents, brothers, sisters, and children of the victim
- Anyone who stood “in loco parentis” to the victim, which means they acted as a parent to the victim
- Anyone to whom the victim stood “in loco parentis” to, which means any individuals who the victim provided for prior to their death
The court will award compensation directly to the victim’s family members. Then, the family members get to decide how to split up the compensation.
How to Prove Liability in Wrongful Death Cases
You cannot recover compensation simply because your loved one was killed in an accident. To win your case, you must be able to prove:
- The defendant owed a duty of care to the victim, which means the defendant was obligated to act in a way that would not put the victim in danger.
- The defendant breached this duty of care, which means the defendant did not fulfill their legal obligation.
- The failure to fulfill this legal obligation directly caused the victim’s death.
- Your family has incurred expenses or suffered losses as a result of the victim’s death.
Your attorney can gather the evidence that you need to prove these key elements and recover the compensation your family deserves.
How to Calculate the Value of A Wrongful Death Case
It’s difficult to quantify the value of the loss of a loved one. This is why calculating the value of a wrongful death claim is so challenging. But in general, surviving family members are entitled to compensation for:
- Funeral and burial expenses
- Loss of financial support and benefits provided by the victim
- Loss of household services provided by the victim
- Loss of companionship
- Loss of comfort and care
- Mental anguish caused by the loss of the victim
You must calculate the lifetime value of each of these losses. For example, if you were financially dependent on your deceased spouse, you must calculate how much financial support you will lose over the course of your life due to your spouse’s wrongful death. To calculate this number, you must factor in your spouse’s health, income, earning potential, and age prior to their death.
Don’t trust the at-fault party’s insurance company to accurately calculate the value of your claim. Instead, let the wrongful death lawyers at Denton & Zachary review your case and determine its value.
Book A Free Case Evaluation With Our Wrongful Death Lawyers in Conway Today
No amount of money can bring your loved one back, but filing a wrongful death claim can help your family obtain the compensation you need to get through this challenging time. The compassionate wrongful death attorneys at Denton & Zachary, PLLC are ready to fight for your family. Let us aggressively pursue the compensation you deserve. To schedule a free consultation, call our law firm at (501) 725-8099 or submit your information using the form on this website.
