Fayetteville Wrongful Death Attorney
Nothing can prepare you for the loss of a loved one. Losing someone you are close to can be one of the most challenging experiences to overcome. Your situation can be even worse, knowing another person’s negligence caused your loved one’s untimely death. However, you don’t have to go through this time alone. You can still sue against the liable parties and get compensation in the name of your loved one.
At Gunn, Kieklak, Dennis, LLP, we understand how overwhelming losing a loved one can be. That is why we will fight aggressively against the liable parties and get the compensation you deserve for your loss. To learn more about our legal services in a free, confidential consultation, call our law offices today at (479) 439-9840.
What Is a Wrongful Death Claim?
Wrongful death is a term used to refer to deaths that happen too soon or because of someone else’s negligence. The families of those killed in wrongful death cases can often recover financial compensation for their death through a wrongful death claim. A cause of action based on wrongful death is available in cases where the negligent actions or omission of another causes another’s death. Through this claim, the surviving family can hold the liable parties accountable and get compensation in the deceased’s name.
It is essential to know that the surviving family or estate is not the only one who can file a wrongful death claim in Fayetteville. A wrongful death claim can also be filed by family members, legal guardians, and administrators. These types of claims can be complicated and may require in-depth knowledge of Arkansas’ personal injury laws. Our Fayetteville, AR personal injury lawyers can help you fight for your compensation.
What Does a Wrongful Death Claim Cover in Fayetteville?
A wrongful death claim allows the family or estate to recover compensation for any expenses resulting from their loved one’s death. For instance, the plaintiff – family, estate, or representative, can recover compensation for the medical bills and other bills engaged while their loved ones were still alive. This means that as a plaintiff, you can recover expenses related to surgical procedures, medication, or treatment.
You can also recover compensation based on the decedent’s wages had the negligent actions from a third party not caused their death. This may also be tied to the value of the decedent’s remaining life. Additionally, a wrongful death claim allows you to recover compensation for expenses related to your loved one’s funeral and burial costs. These are not the only things for which you can get compensation after your loved one’s wrongful death in Fayetteville. However, it allows you to understand that you have the right to fight for fair compensation. Our Fayetteville, AR, wrongful death lawyers can help you file your claim and fight for the compensation you deserve.
What Is the Statute of Limitations for a Wrongful Death Claim in Fayetteville?
Every plaintiff has a limited time to file their claims with the court, regardless of their circumstances. This means the decedent’s surviving family or estate has a limited time to file their wrongful death claim in Fayetteville. This is what is known as the statute of limitations. This statute dictates the amount of time a plaintiff has to file their claim based on their particular circumstances. In Arkansas, the statute of limitations for wrongful death claims is one year, starting at the decedent’s time of death. This one-year limitation doesn’t mean your case has to be resolved by then. It means you must make sure you file your lawsuit before the one-year limitation runs out.
It is essential to file your claim on time so you can have an opportunity to fight for the compensation you deserve after the loss of your loved one. There is a critical caveat to consider if you plan to file a wrongful death claim in Fayetteville. If your statute of limitations runs out and you don’t file your claim, the court may preclude you from making your case. In other words, the court will not hear your case, and you may be left out without the means to get compensation. Our Fayetteville, AR, wrongful death attorneys can help you file your claim on time.
How to Prove Wrongful Death in Fayetteville, AR
As a plaintiff in a wrongful death claim, you have the burden of showing the defendant’s negligence. You can achieve this by showing – through evidence – your claim meets four main elements. First, you must be able to show the defendant owed the decedent a legal duty. The legal duty stems from the general obligation every person has to act as a prudent, reasonable person. For example, in a car accident, the driver has an obligation to operate their vehicle safely to prevent an accident.
Second, you will need to show the defendant breached their legal duty. You can achieve this by providing evidence supporting the fact the defendant failed to act as a reasonable, prudent person. For instance, you can provide evidence showing the defendant was speeding. Next, you will need to show there is a link between the defendant’s actions and omissions and your subsequent accident and losses. This is called causation.
Finally, you will need to show the court you engaged in losses that justify a remedy’s concession through compensation. For instance, you can provide evidence showing the medical bills associated with the decedent’s injuries and treatment, loss of consortium, and pain and suffering – among other losses. Our Fayetteville wrongful death lawyers can help you with all of these matters.
Wrongful Death Attorneys Offering Free Consultations in Fayetteville
If you lost a loved one due to the negligent actions or omissions of a reckless, careless party, we can help. Our Fayetteville, AR, wrongful death attorneys from Gunn, Kieklak, & Dennis LLP know how challenging this process can be for you and your loved ones. That is why we fight aggressively and strategically to hold the liable parties accountable for your losses. Additionally, we will work tirelessly to get the compensation you deserve for the loss of your loved one. To learn more about our services in a free, confidential consultation, call our law offices today at (479) 439-9840.