{"id":306,"date":"2020-10-09T05:15:00","date_gmt":"2020-10-09T05:15:00","guid":{"rendered":"https:\/\/wordpress-660259-4820460.cloudwaysapps.com\/?p=306"},"modified":"2024-09-02T05:17:12","modified_gmt":"2024-09-02T05:17:12","slug":"who-can-file-wrongful-death-claim","status":"publish","type":"post","link":"https:\/\/justinmintonlaw.com\/who-can-file-wrongful-death-claim\/","title":{"rendered":"Who Can File a Wrongful Death Claim in Arkansas?"},"content":{"rendered":"\n
A loved one\u2019s wrongful death can leave survivors facing unexpected emotional and financial losses. A successful wrongful death lawsuit can help eligible survivors secure the compensation they need to cope with certain expenses and other damages.<\/p>\n\n\n\n
Pursuing a wrongful death claim in Arkansas<\/a> can be complicated, however, because only the representative of the deceased\u2019s estate can file a wrongful death case<\/a>.<\/p>\n\n\n\n If a loved one died due to another\u2019s negligence, the Little Rock wrongful death attorneys<\/a> at the Minton Law Firm are here to help.<\/p>\n\n\n\n Our compassionate, experienced lawyers can take the lead on your case and guide you through the process so you and your family can focus on grieving and moving forward with your lives.<\/p>\n\n\n\n Please call us today at 501-794-0001<\/a><\/strong> or contact us online<\/strong><\/a> for a free consultation.<\/p>\n\n\n\n A wrongful death case is a civil lawsuit that is intended to compensate family members and other surviving loved ones of an individual whose death was caused by another\u2019s negligence.<\/p>\n\n\n\n Each state has its own wrongful death laws that define who can file wrongful death claims and the types of damages that may be recovered. It\u2019s important to note that wrongful death lawsuits are not criminal cases, and they do not require proof of intent or guilt by the defendant or defendants.<\/p>\n\n\n\n In Arkansas, a wrongful death lawsuit must establish the following points:<\/p>\n\n\n\n Arkansas law allows for two types of wrongful death cases: wrongful death claims and survival claims. The namesake \u201cwrongful death\u201d claim is meant to compensate surviving family members for their financial losses and related emotional damages.<\/p>\n\n\n\n The so-called \u201csurvival claim\u201d is designed to compensate the decedent\u2019s estate for losses suffered by the deceased (such as relevant medical expenses) before his or her death; compensation from survival claims is paid to the victim\u2019s estate.<\/p>\n\n\n\n In Arkansas, a \u201cpersonal representative\u201d of the deceased\u2019s estate is the only person who can file a wrongful death<\/a> case. This personal representative may file a claim on behalf of surviving family members, including spouses, children and parents.<\/p>\n\n\n\n If the decedent did not appoint a personal representative to his or her estate, the court may appoint someone as a personal representative for the purpose of pursuing a wrongful death claim.<\/p>\n\n\n\n If there is no personal representative, or if the decedent is a child who had no estate, a wrongful death claim may be filed by an \u201cheir at law.\u201d Eligible heirs may include:<\/p>\n\n\n\n If you are unsure about the status of a loved one\u2019s estate or have questions about the appointment of a personal representative, it\u2019s a good idea to consult with a knowledgeable wrongful death lawyer. An attorney can help you and your family ensure that the estate is in order and that a wrongful death claim and all corresponding documentation are properly filed.<\/p>\n\n\n\n As mentioned above, Arkansas has two types of wrongful death cases: wrongful death and survival claims. The damages\u2014or compensation\u2014that may be awarded in these cases are likewise separated into two categories: family claims and estate claims.<\/p>\n\n\n\n Family claims are meant to compensate surviving family members for financial and emotional losses suffered as the result of a loved one\u2019s death. Damages in family claims may include compensation for:<\/p>\n\n\n\n Estate claims are intended to pay<\/a> the estate for financial losses sustained due to the decedent\u2019s wrongful death<\/a>. These damages may include money for:<\/p>\n\n\n\n Each party to an Arkansas wrongful death lawsuit<\/a> is entitled only to the damages he or she faces. For example, most surviving family members may face emotional trauma after a loved one\u2019s wrongful death, but damages for loss of income and\/or benefits may be limited to a spouse or partner and any children.<\/p>\n\n\n\n Wrongful death cases must be filed within a certain time period known as a statute of limitations. In Arkansas, wrongful death claims have to be filed within one year of the date of the decedent\u2019s death, presuming it\u2019s clear at the time of death that the victim\u2019s fatality was the result of another\u2019s carelessness.<\/p>\n\n\n\n The court may extend the statute of limitations in certain circumstances.<\/p>\n\n\n\n For example, if a wrongful death leaves a child without a parent, the child\u2014depending on his or her age\u2014may have additional time to seek damages through a wrongful death claim.<\/p>\n\n\n\n That said, if a wrongful death case is not filed in a timely fashion, surviving family members can lose out on much-needed financial security. It\u2019s in your best interest to talk with a wrongful death attorney as soon as possible.<\/p>\n\n\n\n The Little Rock attorneys at the Minton Law Firm<\/a> understand the emotional and financial challenges faced by survivors of wrongful death victims.<\/p>\n\n\n\n Our lawyers are here to support you in this difficult time and recover the financial peace of mind you need to restore your life. We offer free, no-obligation consultations to help you understand your options, and we don\u2019t charge for our services unless we recover compensation on your behalf.<\/p>\n\n\n\n Please call the Minton Law Firm today at 501-794-0001<\/a><\/strong> or contact us online<\/strong><\/a>. We are proud to serve clients from the greater Little Rock and Benton, Arkansas, areas.<\/p>\n\n\n\n A loved one\u2019s wrongful death can leave survivors facing unexpected emotional and financial losses. A successful wrongful death lawsuit can help eligible survivors secure the compensation they need to cope with certain expenses and other damages. Pursuing a wrongful death claim in Arkansas can be complicated, however, because only the representative of the deceased\u2019s estate can file […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[22],"tags":[],"class_list":["post-306","post","type-post","status-publish","format-standard","hentry","category-general-info"],"acf":[],"yoast_head":"\nArkansas Wrongful Death Lawsuits<\/h2>\n\n\n\n
\n
Who Can File a Wrongful Death Claim in Arkansas?<\/h2>\n\n\n\n
\n
Damages in Arkansas Wrongful Death Cases<\/h2>\n\n\n\n
\n
\n
Statute of Limitations in Arkansas Wrongful Death Cases<\/h2>\n\n\n\n
Contact an Arkansas Wrongful Death Lawyer<\/h2>\n\n\n\n
Who better to handle your insurance claim than a Former Insurance Adjuster<\/em><\/h2>\n","protected":false},"excerpt":{"rendered":"