Nobody expects to lose a family member because someone else was careless, but this happens every day. The Centers for Disease Control and Prevention (CDC) reports that accidents cause over 200,000 deaths each year in America. If you live in Arkansas and tragedy has struck your family, you're not alone. The law gives you ways to fight back and get wrongful death settlements.
When someone's carelessness or reckless behavior causes the loss of a loved one, you can file a wrongful death lawsuit. In this article, we will discuss everything you need to know about filing a wrongful death suit in Arkansas. If you need other answers to your questions, please don’t hesitate to reach out to Justin Minton Law for a free consultation.
Arkansas has specific rules about who can bring a wrongful death claim. The Arkansas wrongful death statute puts immediate family members first. It creates a clear order of who gets to file a wrongful death lawsuit.
The following people can file a wrongful death lawsuit:
The closer you were to the deceased person who died, the more likely you are to get compensation from wrongful death settlements. The Arkansas wrongful death statute is set up this way to stop different family members from filing separate wrongful death claims – contact our local law firm to find out more details.
Arkansas law recognizes that wrongful death causes two main types of harm: financial losses and emotional distress. Both matter.
Both deserve compensation. No amount of money will bring back the person you lost, but wrongful death settlements can help your family survive financially and move forward.
When someone dies unexpectedly, surviving family members get hit with immediate expenses they weren't planning for. These expenses include:
Money damages aren't just about replacing lost wages. Arkansas law also recognizes that losing a family member causes emotional distress, pain, and suffering that deserve compensation.
Courts look at how close your relationship was with the deceased person. A surviving spouse losing a partner of 30 years will likely get more for pain and suffering than a distant family member. The court will also consider how long you expected to be together and what role this person played in your life.
The younger the deceased person, the more this type of compensation tends to be worth. A parent losing a young child, or children losing a young parent, often receives substantial pain and suffering awards. This is because of all the years of relationship lost.
A skilled wrongful death attorney can help you calculate all your losses and fight for every dollar you deserve. Finding out the value of your own case starts with a simple phone call.
People always want to know: "How much is my wrongful death case worth?" The honest answer is that it depends on a number of factors: the victim's age, their income, and the losses suffered by surviving family members.
Here are the key factors that affect wrongful-death settlements:
Having a skilled wrongful death lawyer is crucial to such a case. Justin Minton’s team has secured over $1 million in compensation for wrongful death cases. Contact our law firm today for a free consultation and learn how to handle a wrongful death lawsuit.
Most wrongful death settlements come from insurance policies. Car accident insurance, medical malpractice insurance – whatever policy covers the person or company that caused the wrongful death. Sometimes you get paid directly by the responsible party, but that's less common unless they're wealthy.
When multiple family members are entitled to money, Arkansas law has rules for dividing wrongful death settlements fairly. The personal representative of the deceased person's estate oversees this process to make sure everyone gets their appropriate share.
Usually, the surviving spouse gets the biggest portion of wrongful death settlements first. Then, children and other family members receive their share in order of how close they were to the deceased person.
Here's how wrongful death settlements are typically distributed:
Filing a wrongful death lawsuit means following Arkansas's specific legal procedures. The basic steps in pursuing a wrongful death claim include:
Most wrongful death cases settle out of court through negotiations with insurance companies. Your wrongful death attorney handles these negotiations while you focus on grieving and taking care of your family.
If the insurance company won't offer fair compensation, your wrongful death case might go to trial, where a jury decides how much you should get.
Insurance companies have one goal: to pay out as little as possible on wrongful death claims. Insurers have teams of lawyers and adjusters whose job is to find reasons to deny your wrongful death claim or reduce your settlement. You need someone on your side who knows their tricks and can fight back for maximum compensation.
Here's what an experienced wrongful death attorney does for you:
Attorney Justin Minton used to be an insurance adjuster, so his team here at Minton Law knows how to resist the tactics the other side uses. Questions about our process? Call now.
Sometimes, Arkansas courts award punitive damages on top of regular compensation in wrongful death cases. These are designed to punish defendants for especially bad behavior and deter others from acting the same way. Punitive damages can significantly increase your total wrongful death settlement when the defendant's conduct was particularly reckless.
How the loved one's death happened also affects the settlement. If someone had been driving drunk and killed your family member, you're likely to get more money than if it were a simple accident where fault is questionable. When someone's behavior was especially reckless or involved intentional harm, juries and insurance companies tend to award more money in settlements.
Situations that might support punitive damages in wrongful death cases:
Courts consider several factors when deciding whether to award punitive damages in wrongful death cases. They look at how bad the defendant's behavior was, whether they tried to cover up what they did, and their financial situation. A skilled wrongful death attorney knows when to ask for punitive damages and how to present the wrongful death case to get them.
Losing someone you love because of another person's careless actions creates pain that no family should have to endure. While money cannot bring your loved one back, a settlement can provide the financial stability families need during this difficult time.
Justin Minton used to work as an insurance adjuster before becoming a wrongful death attorney. He knows exactly how insurance companies think and what strategies they use to minimize settlements. This inside knowledge helps him build stronger wrongful death cases and negotiate better settlements for his clients.
Justin Minton Law represents families throughout Arkansas who need help with wrongful death cases. We handle cases in Little Rock, Benton, Conway, and surrounding areas. We know how hard this time is for your family and understand that you are dealing with grief, financial stress, and uncertainty about the future while trying to pursue compensation for your loved one's death.
Call us at (501) 222-HURT today for a free consultation about your wrongful death claim. We'll review your case, explain your rights, and help you understand what wrongful death settlements might be available. You don't pay us anything unless we recover money for your family.
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