{"id":450,"date":"2023-09-20T08:59:00","date_gmt":"2023-09-20T08:59:00","guid":{"rendered":"https:\/\/wordpress-660259-4820460.cloudwaysapps.com\/?p=450"},"modified":"2024-09-17T08:20:12","modified_gmt":"2024-09-17T08:20:12","slug":"wrongful-death-benefits","status":"publish","type":"post","link":"https:\/\/justinmintonlaw.com\/wrongful-death-benefits\/","title":{"rendered":"Who Is Entitled to Wrongful Death Benefits?"},"content":{"rendered":"
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\"Who<\/figure><\/div>\n\n\n

Wrongful death benefits can be given to someone who suffered financially due to the deceased person\u2019s death. This usually means the decedent\u2019s surviving family members, although it could include others.<\/p>\n\n\n\n

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. Obviously, this is not possible in a wrongful death lawsuit. Therefore, a personal representative must file suit on the deceased\u2019s behalf, whose heirs will receive the damages.<\/p>\n\n\n\n

Let\u2019s explore everything you need to know about who is entitled to wrongful death benefits in Arkansas and what you can do to protect your rights.<\/p>\n\n\n\n

Understanding the Arkansas Wrongful Death Statute<\/h2>\n\n\n\n

The Arkansas wrongful death statute<\/a> (Ark. Code \u00a7 16-62-102 (2022)) sets out who can file and benefit from a wrongful death action. <\/p>\n\n\n\n

Who can file a wrongful death lawsuit in Arkansas?<\/h3>\n\n\n\n

Under Arkansas state law, wrongful death lawsuits may be filed by \u201cthe personal representative of the deceased person.\u201d<\/p>\n\n\n\n

The personal representative is usually named in the deceased person\u2019s will. This is usually a close relative, often the deceased\u2019s spouse or child. However, if a person dies without making a will (intestate), a family member or other person can petition the court to be appointed as the personal representative.<\/p>\n\n\n\n

If there is no personal representative, the Arkansas wrongful death statute also allows \u201cthe heirs at law of the deceased person\u201d to bring about a wrongful death action. This may apply in a wrongful death suit involving a single adult without children who did not leave an estate and did not have a will at the time of his or her death; the surviving parents would be the heirs at law.<\/p>\n\n\n\n

Who can benefit from an Arkansas wrongful death action?<\/h3>\n\n\n\n

Wrongful death lawsuits differ from personal injury lawsuits in one important way. Although only one person files the lawsuit, there may be multiple beneficiaries. <\/p>\n\n\n\n

Of course, each case is unique. How many people benefit will depend on the makeup of your family and other factors. <\/p>\n\n\n\n

Three groups of people can benefit from a wrongful death action under Arkansas law:<\/p>\n\n\n\n

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  1. The surviving family members of the deceased:<\/strong> This includes his or her spouse, children, parents, and siblings<\/li>\n\n\n\n
  2. Anyone standing in loco parentis for the deceased person:<\/strong> Under Arkansas law<\/a>, this would include anyone who had \u201cthe rights, duties, and responsibilities\u201d of a parent toward the deceased<\/li>\n\n\n\n
  3. Anyone to whom the deceased stood in loco parentis at any point during the deceased\u2019s lifetime:<\/strong> This includes anyone who qualifies, regardless of his or her age<\/li>\n<\/ol>\n\n\n\n

    The first group is easy to understand. However, if you have any doubt about whether you qualify under categories 2 or 3, talk to an experienced Arkansas wrongful death attorney. He or she can explain where you stand and whether you have the right to receive damages. <\/p>\n\n\n\n

    Time limits on filing wrongful death lawsuits<\/h3>\n\n\n\n

    In Arkansas, all wrongful death claims must be filed within 3 years. However, the time limit is 2 years if the wrongful death occurred due to medical malpractice<\/a>.<\/p>\n\n\n\n

    If your loved one tragically lost his or her life in a homicide, there may be other statutes of limitations at play. Therefore, the key takeaway is to consult an experienced wrongful death attorney<\/a> as soon as possible after your family member\u2019s death.<\/p>\n\n\n\n

    In the initial case evaluation, a wrongful death attorney will listen carefully to what happened to your loved one and explain your legal rights. He or she can advise you on how likely your case is to succeed and the challenges you may encounter along the way. <\/p>\n\n\n\n

    Damages in Arkansas Wrongful Death Cases<\/h2>\n\n\n\n

    Under Arkansas law, families may seek both compensatory and punitive damages in wrongful death claims. <\/p>\n\n\n\n

    Compensatory damages cover the economic and non-economic losses the family suffered as a result of their loved one\u2019s death. Punitive damages are designed to punish the at-fault party and are usually awarded when his or her actions were malicious or particularly reckless.<\/p>\n\n\n\n

    Family claims vs. estate claims<\/h3>\n\n\n\n

    Arkansas law allows the personal representative or heirs to pursue damages for losses suffered by the deceased person\u2019s estate and by their families. These are known as estate claims and family claims.<\/p>\n\n\n\n

    Estate claims cover losses incurred by the decedent between the incident that led to his or her death and their demise. This could include:<\/p>\n\n\n\n