Determining Negligence in Little Rock Wrongful Death Claims

If you have lost a family member to an accident caused by another person’s misconduct, you know how overwhelming the aftermath can be. After your loved one’s death, the question of who is to blame can be difficult to answer for both legal and emotional reasons. You should not try to figure it all out on your own, and you do not have to.

Determining negligence in Little Rock wrongful death claims is complicated, but our dedicated wrongful death attorneys at Mays, Byrd & O’Quinn, PLLC could help. We take pride in being a small, family-owned firm where our founder still practices and where many members have worked for over 25 years. Our team brings a unique level of commitment and compassion to every step of our clients’ legal cases. Contact us today to schedule a consultation and receive the support you need.

What Makes Someone at Fault for Wrongful Death?

Legally, a wrongful death claim is the transferred right to file a personal injury lawsuit in a decedent’s name by someone who represents the deceased person’s estate. Essentially, the decedent’s right to make a personal injury claim transfers to their representative upon their death. Accordingly, you may establish fault during a wrongful death case in Little Rock  by proving that the defendant meets all the following conditions:

• They had an implicit or explicit legal duty to act a certain way under certain circumstances, such as drivers must obey traffic laws and pay attention while behind the wheel
• They breached their duty through a specific reckless, careless, or unlawful act
• The breach of duty was the main and direct cause of an accident that likely would not have happened otherwise
• The accident was the main and direct cause of an injury that led to a person’s death by unnatural causes

Guidance from our attorneys could help you establish all the elements of legal negligence to a civil court’s satisfaction.

Holding Third Parties Liable

A skilled lawyer could also hold someone at fault for a wrongful death in Little Rock based on indirect negligence. For example, if a driver contributed to a fatal car crash by hitting a pothole, the local government body or landowner responsible for maintaining the road may hold partial fault for the fatality.

Alternatively, people who act irresponsibly on the job may impose what is known as vicarious liability on their employers. For instance, if a tractor-trailer driver causes a fatal wreck by driving negligently, the trucking company that employs them might also be liable for damages stemming from the employee’s misconduct.

Contact a Little Rock Attorney for Help Determining Fault in a Wrongful Death Claim

Filing a civil suit against someone you believe to be responsible for your family member’s death can be intense and upsetting. Our compassionate, experienced lawyers understand what you are going through.

At Mays, Byrd & O’Guinn, PLLC, we work tirelessly to preserve our clients’ financial security by proactively and comprehensively demanding compensation, so you can focus on your and your family’s emotional well-being. Contact us today to schedule a private initial consultation and learn how determining negligence in Little Rock wrongful death claims works.