Proving liability in civil lawsuits can be complex. However, it is even more challenging to prove wrongful death cases since the victim cannot testify like in personal injury lawsuits. Only the personal representative of the deceased or immediate family members can recover compensation from the person who caused the wrongful death. Wrongful death laws vary […]
Category: Wrongful Death
Wrongful Death Settlements vs. Trials: Which Path Should You Choose
There is no way to be prepared to receive news of the unexpected loss of a loved one. Not only is the family left suffering tremendous grief, but they may also be left with a significant financial burden. The medical bills along with funeral and burial expenses that result from a wrongful death can be […]
Common Wrongful Death Causes
The CDC reports that 224,935 deaths were caused by unintentional injuries in 2021. This includes falls, car accidents, and poisonings, among others. Although many of these were tragic accidents, some may be considered wrongful deaths. In Arkansas, a wrongful death is defined as any death “caused by a wrongful act, neglect, or default” of another party. Wrongful deaths can […]
Is Wrongful Death a Personal Injury?
Thousands of Arkansans are injured each year as a direct result of someone else’s actions, whether negligent or intentional. When this happens, the law offers victims and their families compensation for losses caused by the incident. What happens if the injuries are fatal? Is wrongful death a personal injury? When someone’s actions result in death, […]
Who Is Entitled to Wrongful Death Benefits?
Wrongful death benefits can be given to someone who suffered financially due to the deceased person’s death. This usually means the decedent’s surviving family members, although it could include others. The victim of an accident or injury would usually file a personal injury lawsuit on his or her own behalf and collect any damages awarded. […]
How Long Does It Take to Settle Wrongful Death Claims?
Few things in life are as painful as unexpectedly losing a family member. When his or her death was preventable, it can be all the more devastating. If your loved one died due to the negligence or wrongful act of someone else, you have the right to bring a legal case against the responsible party. […]
What Is the Difference Between Wrongful Death and Accidental Death?
No matter how it occurs, the death of someone you know can be heartbreaking. Our hearts at Minton Law Firm go out to anyone experiencing such a loss. We offer our support by providing helpful information for grieving family members. One question that often arises concerns accidental versus wrongful death is: How do they differ? […]
Is a Wrongful Death Settlement Taxable?
According to the Internal Revenue Service (IRS), a wrongful death settlement is not generally classified as taxable income. IRS Rule 1.104-1 shows that compensatory damages are not considered part of gross income, as they are received for physical injuries or physical sickness. This includes damages paid for pain and suffering that resulted from the physical injury or […]
How to Fight a Wrongful Death Lawsuit
When a person dies because of someone else’s negligence, the deceased’s family members may be able to file a wrongful death lawsuit. How do you fight and win a wrongful death case? This article will discuss who can file a wrongful death lawsuit, what evidence is needed to build a solid legal case, the types […]
Who Pays in a Wrongful Death Suit?
The sudden death of a loved one can take a devastating toll on surviving family members. When you have a case of wrongful death, you may be legally entitled to file a lawsuit against the negligent party. Who is liable for damages in a wrongful death claim or lawsuit? The at-fault party’s insurance company typically […]
