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Fayetteville Wrongful Death Lawyer

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Law Office of Geoffrey D. Kearney, PLLC

Fayetteville Wrongful Death Attorney

The loss of a loved one can be devastating under any circumstances, but even more so when their death resulted from the negligence or wrongdoing of another person. If you are picking up the pieces after a wrongful death in Fayetteville or the surrounding area, you could benefit from the counsel of an experienced Fayetteville wrongful death lawyer.

The Law Office of Geoffrey D. Kearney, PLLC – Your Fayetteville Wrongful Death Attorney

At the Law Office of Geoffrey D. Kearney, PLLC, we are here to help our clients through some of the most difficult and painful situations life can bring. We bring our knowledge of Arkansas wrongful death law and our years of litigation experience to every case. With two conveniently located offices in Little Rock and Pine Bluff, we serve clients from anywhere in the state.

inpg Geoffrey D. Kearney
Fayetteville Wrongful Death Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!

What Defines a Wrongful Death in Arkansas?

It is an unfortunate reality that wrongful deaths occur. People are killed in car accidents, as a result of medical malpractice, or because of a malfunctioning product, among many other circumstances. In fact, accidents are the fourth leading cause of death in Arkansas. However, even when accidental, a death caused by the actions or inactions of another person leaves irreparable damage and trauma. A wrongful death claim is a legal recourse for this.

A person can make a wrongful death claim when a death has resulted from the negligence, dereliction of duty, or wrongful actions of another person or entity. This includes individual people, groups of people, or corporations.

To test whether a situation warrants a wrongful death claim, ask this question: If the person had not died, could they file a personal injury case? If so, then a wrongful death case is most likely in order.

Who Can File a Wrongful Death Claim in Arkansas?

In Arkansas, a wrongful death claim can be filed by an heir of the person who died. This is usually a family member. Some people who might be able to file a claim include the following:

  • Parents (or people who have functioned as parents to the deceased)
  • Children (or people to whom the deceased has functioned as a parent)
  • Spouse
  • Siblings

A claim can also be filed on behalf of the estate of the person who died. In this situation, the claim is brought by a representative of the estate.

What Damages Can a Wrongful Death Claim Seek in Arkansas?

A wrongful death can be devastating to a family, and compensation from the liable party should reflect that. Much like personal injury compensation, settlements for wrongful death are intended to take care of both financial and emotional losses.

Medical Expenses

Wrongful death cases often involve extensive medical bills that could be a major financial burden for a family. An ambulance ride alone can cost more than $3,500. Costs associated with surgery, intensive care, and medications can be astronomical. A wrongful death settlement can and should relieve families of this burden.

Lost Wages

If a family relied on the income of the person who died, their financial stability may be destroyed. In wrongful death settlements, compensation for lost wages can be based on what the person who died made and what they could have gone on to make. The aim is to provide families with the financial footing they would have had if the person were still alive.

Funeral Expenses

Funeral services are expensive, and in cases of premature or unexpected death, families are often not prepared for this cost. In Arkansas, the average cost for a full funeral service with a burial is about $7,600. Wrongful death compensation should include funeral costs to offset this financial blow.

Emotional Damage

Losing a loved one in a wrongful death incident is a very traumatic experience. These deaths are sudden and unforeseen, and families are left reeling. For the purpose of wrongful death settlements, emotional damages include things like loss of companionship (pertaining to spouses), loss of the guidance of a parent (for children of the deceased), and emotional distress (for anyone filing a claim).

Why You Should Hire a Wrongful Death Lawyer

With their professional knowledge of wrongful death laws, an attorney can help you build the strongest possible case. Your lawyer can review the details of the case, conduct any necessary research, and communicate with the insurance company for you. Sometimes, all it takes for an insurance company to do the right thing is a lawyer’s assertive approach.

FAQs

How Much Do Lawyers Charge for a Wrongful Death Case?

Most lawyers do not charge an up-front fee to represent clients in a wrongful death case. Instead, they take a percentage of the settlement when they win the case. Across the board, the average percentage an attorney takes is somewhere between 33 and 40%. Your attorney can give you more information about their fee during your consultation.

Can a Wrongful Death Settlement in Arkansas Include Punitive Damages?

Yes, a wrongful death settlement can include punitive damages in Arkansas. Punitive damages represent compensation ordered by a court when the liable party’s actions or inactions are particularly egregious. The intent is to punish the liable person or entity for their role in the wrongful death and to disincentivize such behavior in the future.

How Long Do You Have to File a Wrongful Death Case in Arkansas?

In Arkansas, you have one year from the date of the wrongful death to file a wrongful death claim. Because of this time limit, it is crucial to contact an attorney as soon as you are able to do so after a wrongful death occurs. They can help you take all the necessary steps to prepare your case and file effectively and on time.

What Is the Average Payout for Wrongful Death?

It is difficult to pinpoint an average payout amount for a wrongful death claim because there are so many variables at play. Settlements regularly range from $500,000 up to multiple millions, depending on the details of the case. Some factors that can influence payout amount include the age of the victim, the behavior of the liable party, and the financial and emotional losses suffered by the victim’s family.

Geoffrey D. Kearney: Your Fayetteville Wrongful Death Attorney

If you have experienced the wrongful death of a loved one, the Law Office of Geoffrey D. Kearney, PLLC, should be your first phone call. At our firm, we understand the depth of your loss, and we are here to help you get the compensation you deserve. Contact us today for a free consultation.

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