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Losing a loved one is an emotionally devastating experience, and that pain is compounded by a sense of injustice when their death results from someone else’s negligence or wrongful actions. In such challenging times, understanding your legal rights is crucial.
A Little Rock survival action lawyer could help you seek justice and compensation for the harm your loved one suffered. An experienced wrongful death attorney could guide you through this complex legal landscape, ensuring your loved one’s rights are upheld and responsible parties are held accountable.
Survival actions are legal mechanisms that allow the estate of a deceased person to pursue claims the deceased could have initiated had they survived. According to Arkansas Code § 16-62-101, action for wrongs done to a person or their property may be maintained against the wrongdoer by the injured individual or, after their death, by their executor or administrator. This statute ensures the right to seek damages does not perish with an individual but instead “survives” for the benefit of their estate.
It is important to distinguish survival actions from wrongful death claims. While both occur after a person’s death due to another’s misconduct, they address different damages. Wrongful death claims, governed by Arkansas Code § 16-62-102, seek compensation for losses suffered by the deceased’s beneficiaries, including loss of companionship and financial support. In contrast, survival actions focus on damages the deceased incurred before death, such as medical expenses, pain and suffering, and lost wages.
Navigating the intricacies of survival action statutes requires specialized legal expertise. A Little Rock survival actions attorney possesses a deep understanding of Arkansas law and could provide invaluable assistance in several ways.
A skilled attorney could assess the viability of a survival action claim by examining the circumstances surrounding an individual’s death and determining the appropriate legal avenues.
To substantiate the claim, a lawyer could collect and preserve crucial evidence such as medical records, witness statements, and expert testimonies.
A lawyer could advocate on behalf of the estate in negotiations and court proceedings to pursue just compensation for the deceased’s suffering and losses.
A knowledgeable attorney could ensure adherence to Arkansas’s legal requirements, including filing deadlines and procedural mandates, to maintain the claim’s validity.
In Arkansas, it is crucial to act promptly due to the statute of limitations governing survival actions. Typically, an estate has a specific period from the date of the individual’s death to file a claim. Failure to initiate legal proceedings within this timeframe can forfeit one’s right to seek justice. Consulting with a knowledgeable Little Rock attorney ensures compliance with critical survival action case deadlines.
Selecting the right legal representation is pivotal in effectively pursuing a survival action. As a minority-owned law firm, Mays, Byrd & O’Guinn, PLLC offers diverse perspectives and a commitment to serving all community members with empathy and understanding.
Despite being a smaller-scale firm, our team of seasoned litigators possesses a proven track record in handling complex cases and ensuring clients receive robust representation. With our founder still practicing, we embody a family-oriented approach, fostering long-term relationships and a deep commitment to our clients’ well-being. Many team members have been with the firm for over 25 years, reflecting stability, experience, and a cohesive approach to case management.
In the aftermath of losing a loved one due to another’s wrongful actions, it is essential to understand your legal options. A Little Rock survival actions lawyer could provide the guidance and representation you need to pursue justice. Contact Mays, Byrd & O’Guinn, PLLC, today to discuss your case and take the first step toward holding the responsible parties accountable.