What Is the Process for Filing a Wrongful Death Claim in Arkansas?

Filing a wrongful death claim in Arkansas can be a complex and difficult process without the assistance of an experienced attorney. If you have lost a loved one in a fatal accident, it is important to ensure that you are making informed decisions. This includes making informed decisions about asserting your family’s legal rights. Grieving families will have grounds to file wrongful death claims in many cases, and filing a claim can be critical to surviving family members’ long-term financial and emotional wellbeing. 

Here is an overview of the process for filing a wrongful death claim in Arkansas: 

Proving Who (or What Company) is Responsible for Your Loved One’s Death 

One of the first steps for filing a wrongful death claim is determining who (or what company) is responsible for your loved one’s death. This involves conducting a thorough investigation. 

From negligent drivers to bars and restaurants that over-serve drunk drivers, and from negligent property owners to companies that sell dangerous and defective products, several individuals and businesses can potentially be responsible for an accident victim’s untimely death. If your family has a wrongful death claim, the key is to identify the specific party (or parties) that are to blame for your loved one’s passing. 

You will need to hire a wrongful death attorney to conduct a thorough investigation on your family’s behalf—you should not try to investigate on your own. There are specific steps involved in ensuring that evidence remains admissible in court. Once you hire an attorney to represent your family, your family’s attorney should begin investigating right away, and the evidence uncovered during this investigation will determine who (or what company) your family needs to sue. 

Identifying the Family Member(s) Who Are Eligible to File a Wrongful Death Claim 

Another key early step is to identify the family member(s) who are eligible to file a wrongful death claim. There are a few possibilities under Arkansas law, and it is important to ensure that an eligible family member is involved in the process. The insurance companies will be fighting to avoid liability by all means available, and they will jump on any opportunity to claim that a family’s wrongful death lawsuit should be dismissed due to technical deficiencies. 

Identifying the Family Members Who are Eligible to Participate in the Wrongful Death Claim 

While only certain family members are eligible to file wrongful death claims under Arkansas law, other family members will be eligible to participate in these claims in most cases. For example, family members who may be entitled to receive financial compensation include:

• Spouses
• Parents
• Children 
• Siblings 
• Those who had a “loco parentis” relationship with the deceased 

When pursuing a wrongful death claim in Arkansas, it is important to try to make sure that everyone is on the same page. Not only will this help the process go smoothly, but it will also help ensure that all eligible family members receive the compensation to which they are entitled under Arkansas law. 

Calculating the Damages Your Family is Entitled to Recover 

After identifying the family members who are eligible to participate in a wrongful death claim, one of the next major steps is to calculate the damages your family is entitled to recover. Generally speaking, families that have wrongful death claims can seek damages for:

• Their loved one’s medical expenses incurred prior to death
• Their loved one’s pain and suffering prior to death 
• Loss of their loved one’s income and employment benefits 
• Funeral, burial, and other out-of-pocket costs

Individual family members may be eligible to receive other forms of financial compensation as well. For example, along with recovering the costs listed above, spouses, children, and other eligible family members may also be entitled to compensation for their:

• Loss of care and guidance 
• Loss of companionship 
• Loss of consortium 
• Loss of services and support 

Determining what constitutes “just compensation” for these losses is not an easy process. It requires experienced legal representation, and it requires the ability and willingness to acknowledge all of the consequences of your loved one’s death. But, while it is not easy, it is extremely important, and it will be well worth it in the end. 

Filing Your Family’s Claim and Seeking Justice for Your Loved One’s Death

After taking all of these preliminary steps, the next step is to start the process. At this stage, your family’s lawyer will take appropriate legal action to seek justice for your loved one’s wrongful death. In most cases, this involves dealing with the insurance companies. But, in some cases, going to court will be necessary. 

Discuss Your Family’s Legal Rights with a Wrongful Death Attorney in Rogers, AR

At the Oliver Law Firm, we have decades of experience seeking justice for grieving families in Arkansas. If you need to know more about the process for filing a wrongful death claim in Arkansas, we strongly encourage you to get in touch.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.