Pine Bluff Wrongful Death Attorney
Losing a family member unexpectedly is a tragic experience, but when a specific party is responsible for your loved one’s death, it is natural to feel intense frustration and have many difficult questions about how you can ensure accountability. If you believe another party is responsible for causing the death of a family member, it is crucial to speak with a Pine Bluff wrongful death lawyer as quickly as possible.
Compassionate Legal Counsel for Wrongful Death Claims in Pine Bluff, AR
The Law Office of Geoffrey D. Kearney, PLLC, has a strong record of successful representation in a wide range of personal injury cases in the Pine Bluff area, including wrongful death cases. We know the various legal challenges you could face in this type of claim and how to help you navigate these proceedings as efficiently as possible. Our goal for every wrongful death case we accept is maximum recovery for our client in the shortest possible timeframe.
You face a time limit if you intend to pursue a wrongful death case in Pine Bluff. All personal injury cases in Arkansas are subject to a three-year statute of limitations. This might sound like more than enough time, but it may take longer to build your case than you expect, and some of the evidence you may need to prove liability may not be available for very long. It’s important to connect with an attorney as quickly as possible to start building your case.
While a wrongful death suit is a type of personal injury case and will function based on many of the same procedural principles, there are unique statutes that apply specifically to wrongful death cases that you must navigateto have success with your case. Your Pine Bluff wrongful death lawyer can ensure that you meet the legal requirements for filing the case, meet all applicable filing deadlines, and gather all of the documentation and evidence you require.
Pine Bluff Wrongful Death Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!
Proving Liability for Wrongful Death in Pine Bluff
A wrongful death claim is functionally a personal injury claim filed by the family of a victim who did not survive their injury. If the victim would have had grounds to file a personal injury claim if they had survived, then their family would likely have the right to file a wrongful death suit when they have not. Many of the same situations that cause personal injuries can result in wrongful deaths.
Your attorney can help you gather the evidence needed to build the foundation of your case. You must identify the party who caused your family member’s death, prove how they caused it, and then establish causation. The standard of proof in a civil case is a “preponderance of the evidence,” meaning the evidence must show that the defendant is more likely than not responsible for causing the death.
Once you can establish fault, you can proceed with claiming compensation for your and your family’s losses. It is impossible to assign a monetary value to a person’s life, so the objective of a wrongful death case is to compensate the family of the victim for the financial impact of losing the victim and for the pain and suffering they have experienced. The damages you may be able to recover with a successful wrongful death case in Pine Bluff include:
- Repayment of funeral and burial expenses.
- Compensation for lost financial support. If the victim earned income for their family, the family has the right to seek compensation for the income the victim can no longer provide. The amount they can claim typically depends on how much the victim earned prior to their death and how long they would have likely continued working if they had survived.
- Loss of care, guidance, companionship, and moral support. The surviving spouse and children of the deceased have the right to claim compensation for the emotional impact of the death of the victim. Thiscan also include compensation for the value of the household services the deceased provided.
- Repayment of damages to the estate of the deceased. It is possible that the deceased did not immediately die from the injury the defendant caused, in which case they probably underwent extensive medical care in an effort to save their life. The defendant may have also caused property damage.
- Compensation for pain and suffering. The surviving family has the right to seek compensation for the emotional pain of losing the victim. If the victim suffered before their death, it is also possible for the estate claim to seek compensation for their pain and suffering. The state does not enforce limits on compensation for pain and suffering in most personal injury cases.
Ultimately, you may have grounds to claim more compensation than you initially expected, but the help of an experienced Pine Bluff wrongful death lawyer can help you successfully maximize your case award. The team at the Law Office of Geoffrey D. Kearney, PLLC, aims to help our clients maximize the results of their wrongful death cases as efficiently as possible, so trust our firm to uncover every form of compensation you are eligible to claim.
Resolving Your Wrongful Death Suit in Pine Bluff
While a wrongful death suit is technically a form of personal injury case, these cases are inherently more challenging to resolve. However, it is possible to privately settle a wrongful death suit with the right attorney handling your case. Settlement is a faster process, but it requires both the plaintiff and the defendant to be willing to negotiate mutually acceptable terms. This may not be possible in every case.
Additionally, there is a risk that in the settlement, the plaintiff will receive less compensation than they could have potentially won at trial. The drawback to a trial is that it is likely to take much longer to complete than settlement negotiations. There are potential risks and benefits to either option, but whichever path you pursue, you are more likely to achieve a positive outcome when you have experienced legal counsel advising you throughout your proceedings.
FAQs
Only certain parties can bring a wrongful death claim in Arkansas. The executor or personal representative of the deceased’s estate is typically first with the right to file this claim, but if the deceased had no estate or did not name a personal representative, their closest surviving relatives may file the claim. This could be their surviving spouse, children, parents, or siblings. The plaintiff seeks compensation on behalf of the deceased’s estate and beneficiaries.
The amount of compensation you can win for wrongful death varies based on multiple factors. This type of personal injury case focuses on recovering compensation for the losses sustained by the surviving family of the victim, such as funeral and burial expenses, lost financial support that the deceased can no longer provide, and the pain and suffering experienced by the surviving family members of the deceased.
The time it could take to resolve a wrongful death case in Pine Bluff will depend on how easily you can prove liability for the death, whether the defendant is willing to accept liability for the wrongful death, and whether the parties are able to negotiate a settlement. Private settlement generally takes far less time to complete than litigation, but the right attorney can help you streamline your proceedings and resolve the case as swiftly as possible.
You should hire a Pine Bluff wrongful death lawyer because this type of personal injury case can be difficult to resolve on your own. You would be unlikely to recover as much compensation as an attorney could have secured on your behalf, and you would also risk unintentionally settling for far less than a good lawyer could have obtained if they had handled your case. It is usually beneficial to hire legal counsel you trust for this type of case.
Contact Us Today For A Consultation
The team at the Law Office of Geoffrey D. Kearney, PLLC, can help you make clearer sense of the process of building and filing your wrongful death suit in Pine Bluff. We know the emotional strain of the situation can make the thought of enduring protracted legal proceedings daunting, but with our help, you can approach the case with peace of mind. Contact us today to schedule your consultation with an experienced Pine Bluff wrongful death lawyer.