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The death of a loved one is hard to understand. And when the tragedy comes at the hand of another’s negligence, the confusion and pain grow even worse. No one can plan for such things, and no one is prepared when they happen to the people around them. If a wrongful death tragedy has happened to someone you know, you may take comfort in knowing you aren’t alone. There are others like you who have been affected by these tragedies.
The loss of a loved one is hard no matter the circumstance. But, if your loved one has died due to negligence or misconduct, you shouldn’t have to pick up the pieces for your family alone. That’s where the compassionate personal injury attorneys at our firm come in. A Little Rock wrongful death lawyer could fight to get justice for your loved one and peace for your entire family.
Not every person’s death will result in a viable case for compensation. A death is only considered wrongful under limited situations. According to state law, a death is wrongful if it is caused by a “wrongful act, neglect, or default.” In other words, wrongful death cases involve an act or failure to act that leads to an avoidable fatal injury.
Motor vehicle accidents are one of the most common factors that can lead to wrongful death. Other examples include the following:
A wrongful death attorney in Little Rock could help pursue a lawsuit under any of these situations.
When a person is injured through no fault of their own, they have the chance to pursue compensation through a civil lawsuit. When those injuries are fatal, the law allows others to pursue these claims after their passing.
In some states, surviving relatives have the right to file a lawsuit on their own. That is not the case in Arkansas. Instead, the personal representative of the decedent’s estate is entitled to pursue legal action in most cases. A representative is appointed by the court during probate proceedings.
It is worth noting that not every wrongful death results in a probate filing or the appointment of a personal representative in Little Rock. Under these circumstances, an heir at law can file the lawsuit. These heirs generally include surviving parents, children, siblings, and spouses. Alternatively, a legal guardian of a child could also file suit.
When a wrongful death lawsuit is successful in Little Rock, the surviving relatives are entitled to a monetary award, which is based on several factors. They could be entitled to compensation based on the damages they suffered personally or the damages the deceased person sustained at the end of their life.
The surviving relative’s damages are known as a family claim in most courts. The purpose of this award is to compensate the people who suffered due to the death of a loved one. Examples include:
These damages are also used to pursue a lawsuit that the deceased person could have filed if they had survived or to cover the costs incurred directly by the estate. These losses are known informally as the estate claim, and some examples include the following:
The critical thing to understand about these damages is that the surviving relatives are entitled to recover them, regardless of whether a personal representative pursues the lawsuit or not. Unlike some other states, there are no caps on the amount that can be awarded.
If you are dealing with the loss of a family member, the support of compassionate legal counsel could make all the difference. A Little Rock wrongful death lawyer could investigate your case, answer your questions, and assist you with litigating your claim. Call right away to learn more.