Fayetteville Wrongful Death Attorney

A wrongful death claim is filed by the deceased person’s executor or administrator. This is done on behalf of the estate. However, the compensation recovered benefits the surviving family members. This includes spouses, children, and parents. Arkansas law specifies who is entitled to recover damages based on their relationship to the deceased. Generally, spouses and children have priority. Parents and other dependents follow. If the deceased did not have a will or designated executor, the court will appoint an administrator to represent the estate.

A wrongful death claim seeks compensation for the losses suffered by surviving family members. This includes lost companionship, lost earnings, and funeral expenses. A survival action, by contrast, seeks compensation for the pain and suffering the deceased experienced before death. It also seeks medical expenses incurred before death. Both types of claims may be available in a single case. Both can contribute to the total compensation your family receives.

The value of a wrongful death case depends on many factors. These include the deceased’s age, earning capacity, health status, and the circumstances of the death. Cases involving young, high-earning individuals typically result in higher settlements. Cases involving elderly individuals or those with limited earning capacity result in lower settlements. However, every case is unique. Factors such as the strength of liability evidence, the defendant’s insurance coverage, and the jury’s likely reaction to your case all play a role. Our attorneys can provide a more specific estimate after evaluating your case.

Many wrongful death cases are resolved through settlement negotiations without going to trial. However, if the at-fault party’s insurance company refuses to offer fair compensation, we are prepared to take your case to trial. We present your case to a jury. Going to trial allows us to present all evidence. We call witnesses and make arguments directly to a jury. This can result in higher awards than settlement negotiations alone. We will advise you on whether settlement or trial is in your family’s best interest. This is based on the specific circumstances of your case.

If the at-fault party lacks insurance, you may still have options. Depending on your circumstances, you may be able to pursue an underinsured or uninsured motorist claim. This claim is made under your own insurance policy under Arkansas Code §§ 23-89-403 and 23-89-209. This can provide compensation even if the at-fault party has no insurance. You may also pursue a claim directly against the at-fault party’s personal assets. However, this may be less practical if they have limited resources. Our attorneys can evaluate your specific situation. We advise you on the best course of action.

Punitive damages are available in wrongful death cases involving gross negligence or intentional misconduct. These damages are designed to punish the wrongdoer and deter similar conduct in the future. However, punitive damages are not available in all cases. They require proof of particularly egregious conduct. This conduct goes beyond simple negligence. For example, a case involving a drunk driver or a healthcare provider who deliberately ignored obvious symptoms might support punitive damages. A case involving ordinary negligence would not.