A: In Arkansas, the only person who can file a wrongful death claim is the personal representative of the decedent’s estate. If they didn’t have a representative or if they were a minor without an estate, the claim may be filed by an “heir at law.” This includes the decedent’s spouse, children, parents, and siblings as well as anyone standing in the place of a parent or anyone the decedent cared for while standing in the place of a parent.
Fayetteville Wrongful Death Lawyer
Fayetteville Wrongful Death Attorney
The death of a loved one is devastating, no matter the circumstances, but it can be even more upsetting when it was another person’s fault. If you have recently lost someone due to the misconduct or negligence of another person or entity, you may be able to recover damages for your loss. A Fayetteville, AR wrongful death lawyer can help you through the process of filing a claim and securing the maximum amount of compensation available.
The Law Office of Geoffrey D. Kearney, PLLC, is experienced in representing clients in complex wrongful death cases. Whatever the details of your situation, our team can be there to guide you through the legal proceedings that follow a wrongful death claim. We can use our skills to bolster your claim and help you move forward from this with as much positivity as possible.
Wrongful Death Cases in Fayetteville, AR
While Arkansas isn’t notorious for being any less safe than surrounding states, there is still a significant number of fatalities reported due to someone else’s misconduct or negligence. Accidents are in the top five leading causes of death in Arkansas.
There were 118 deaths due to intentional or unintentional injuries reported in Washington County, AR alone. It’s important to understand what to do if you find yourself facing the death of a loved one due to the fault of another.
At the Law Office of Geoffrey D. Kearny, PLLC, we understand the process of filing a wrongful death claim, including negotiating with insurers and representing clients in court. Given the circumstances of your case, you can count on our team to be by your side to assist you in securing the compensation you’re owed for the wrongful death of a loved one.
Fayetteville Wrongful Death Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!
Common Causes of Wrongful Death Cases in Fayetteville
Wrongful death cases can look very different from one another. At the Law Office of Geoffrey D. Kearney, PLLC, we have experience navigating a wide range of wrongful death claims in Arkansas. Some of the most common reasons people file wrongful death claims in Fayetteville include:
- Defective products
- Medical malpractice
- Vehicular accidents
- Premises liability
- Slip and fall injuries
- Workplace accidents
Vehicle accidents remain one of the most common causes of wrongful death claims. Driving is inherently risky every time you get behind the wheel. In recent years, motorists have accounted for approximately 65 percent of roadway fatalities in NW Arkansas. These accidents can involve bicyclists, motorcyclists, other drivers, and pedestrians.
Who Can File a Wrongful Death Claim in Fayetteville, AR
You must file a wrongful death claim within three years of the decedent’s passing. Typically, only the personal representative of the decedent’s estate is allowed to file a wrongful death claim. However, in cases where there is no personal representative and none is assigned by the court or if the decedent was a minor without an estate, the “heir at law” may be able to file the claim instead. This includes:
- Decedent’s spouse
- Decedent’s children
- Decedent’s parents
- Individuals acting in loco parentis to the decedent
- Any minor to whom the decedent was acting in loco parentis
There are situations where the court may assign a personal representative to the estate for the purpose of filing a wrongful death claim. The details of your specific situation can dictate how the claims process goes. A Fayetteville, AR, personal injury lawyer can help you better understand your options.
FAQs
Q: What Are the Odds of Winning a Wrongful Death Case in Fayetteville?
A: Winning a wrongful death case can be challenging, but it’s possible if you have a strong claim backed by the right evidence. Every situation is unique, so it can be difficult to be fully prepared to take on filing a legal claim. A Fayetteville, AR wrongful death lawyer can help keep you organized and ensure you have the strongest case possible to receive the maximum settlement amount.
Q: What Evidence Is Helpful in a Wrongful Death Case in Fayetteville?
A: It’s always helpful to have more information than less when it comes to presenting evidence for a wrongful death case in Arkansas. Having copies of doctor’s notes, medical bills, photos, video footage, police reports, and witness statements can be helpful for your case. A Fayetteville wrongful death lawyer can conduct interviews, invalidate the prosecution’s claims, investigate, and use their knowledge of the law to obtain the right evidence for your claim.
Q: How Long Do I Have to File a Wrongful Death Claim in Fayetteville?
A: If you wish to file a wrongful death claim after the death of a loved one in Arkansas, you must do so within three years of their death. One exception to this rule exists for certain medical malpractice cases. The general rule for medical injuries and fatalities is that you must file a claim within two years of the incident.
Learn More From a Fayetteville, AR Wrongful Death Lawyer
If you’ve suffered the loss of a loved one due to the fault of another party, you may be entitled to hold them accountable and seek compensation for your losses. While nothing can fully make up for what’s been taken from you, our goal at the Law Office of Geoffrey D. Kearney, PLLC is to help you recover damages for your losses and give you the optimal chance at moving forward with life.
If you’re ready to start building a legal strategy for your wrongful death claim, our team is here to help. Give us a call to set up an appointment with a Fayetteville, AR wrongful death lawyer, and we can take it from there.
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