Wrongful Death Lawyer in Little Rock
Dealing with the loss of a loved one is always challenging—especially if your loved one’s death could have been prevented. If your loved one was killed due to another party’s negligence or misconduct, you must seek justice by filing a wrongful death claim.
A wrongful death claim is a civil case filed by the deceased victim’s surviving family members. Filing this type of claim allows the surviving family members to recover compensation from the party responsible for their loved one’s death.
If you have lost a loved one, let the wrongful death lawyers at Denton & Zachary, PLLC work tirelessly to recover the compensation you deserve.
Who Can File A Wrongful Death Claim in Little Rock?
Each state has its own laws regarding who can file a wrongful death claim. In Arkansas, the law states that a wrongful death claim should be filed by the personal representative of the deceased victim’s estate. However, the victim may not have appointed a personal representative prior to their death. In this case, the deceased victim’s heirs at law have the right to file a wrongful death claim. Heirs at law may include:
- The victim’s parents, children, or siblings
- People standing “in loco parentis,” which includes individuals who acted as the deceased victim’s parents
- People to whom the deceased victim stood “in loco parentis,” which includes individuals that the victim cared and provided for
If you have the right to file a wrongful death claim, it’s important to move quickly after your loved one’s tragic death. The law restricts the amount of time you have to take legal action against the at-fault party. In Arkansas, surviving family members only have one year from the date of the victim’s death to file a lawsuit.
How To Win A Wrongful Death Claim
Compensation is never guaranteed in a wrongful death claim. To win your case, you must be able to prove:
- The defendant had a legal obligation to not act in a way that could have harmed the victim.
- The defendant failed to fulfill this legal obligation.
- The victim was killed as a result of the defendant’s failure to fulfill this obligation.
For example, every driver has a legal obligation to drive responsibly in order to avoid harming others. If someone drives recklessly, they are failing to fulfill this legal obligation. If they kill someone while driving recklessly, their failure to fulfill their legal obligation directly caused the victim’s death.
Proving these elements of a wrongful death case is not easy without the help of an attorney. Let the wrongful death attorneys at Denton & Zachary handle your case while you focus on mourning the loss of your loved one.
How Much Is A Wrongful Death Case Worth?
The value of a wrongful death claim will vary on a case-by-case basis. But in general, surviving family members are entitled to compensation for:
- Funeral and burial expenses
- Loss of the deceased victim’s financial support
- Loss of benefits provided by the victim, including insurance coverage
- Loss of the household services previously provided by the victim
- Loss of the care, companionship, love, and comfort provided by the victim
- Emotional anguish
The court will award this compensation directly to the surviving family members of the victim. Then, it is up to the family members to determine how to divide the compensation amongst themselves.
How Long Will It Take to Resolve A Wrongful Death Claim?
The amount of time that it takes to resolve a wrongful death claim will depend on several factors, including the complexity and value of the case. A claim can be resolved much faster if both sides are able to reach a settlement outside of the courtroom.
The personal injury lawers at Denton & Zachary, PLLC understand that no one wants to deal with the stress of a drawn out legal battle—especially while they are also coping with the loss of a loved one. That’s why we will aggressively negotiate with the at-fault party’s insurance company in an effort to reach a private settlement. However, if the insurance company is unwilling to make a fair offer, we won’t settle for less than what your family deserves. Instead, we will continue fighting for your compensation by going head-to-head with the insurance company in court.
Book A Free Consultation With Our Wrongful Death Attorneys Today In Little Rock
Have you lost a loved one? If your loved one’s death was caused by someone else’s negligence, seek legal representation from the experienced wrongful death lawyers at Denton & Zachary, PLLC. We can’t bring back your loved one, but our attorneys can help you recover the compensation your family needs to move forward. To schedule a free consultation, call (501) 725-8099 or submit your information using the form on this website.