Little Rock Wrongful Death Lawyers
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Nobody deserves to experience the pain of losing a family member or spouse. Knowing you’ll never have the opportunity to make new memories together is heartbreaking and often unbearable. It takes time to deal with such a loss, but it’s even more horrific when it’s due to another party’s negligence, carelessness, or intentional actions or inactions. The future might seem bleak emotionally and financially, especially if the deceased was the sole breadwinner.
Sadly, wrongful deaths from motor vehicle accidents, construction accidents, animal bites, medical errors, and more are preventable. The latest information from the Centers for Disease Control (CDC) ranks unintentional injuries as the third cause of death. In addition to the pain of losing your loved one untimely, financial and legal burdens can further weigh you down, making a recovery and getting back to everyday living seemingly impossible. A Little Rock wrongful death attorney, such as our lawyers at NST Law, can step in to help secure your future.
In this challenging time, you need peace to grieve. But, in the worst-case scenario, the creditors come calling, and the insurance companies try to pin the fault on the deceased in an attempt to evade a large payout. Contacting a Little Rock wrongful death lawyer as early as possible will give you and your family the comfort and space you need to mourn your loved one without the added legal and financial hassle.
Contact the Little Rock office at NST Law today to schedule a free initial consultation and get the closure and financial help you need after your loved one’s wrongful death.
How Can NST Law Help Me?
Losing a family member or spouse can leave you with financial difficulties, especially if they accrued medical expenses before they passed on. Understandably, you might be hesitant to hire an attorney to file a wrongful death lawsuit in fear of accruing legal costs.
At NST Law, we understand your loss and hesitation. We assure you that our legal team of compassionate yet assertive wrongful death lawyers will fight for your rights to financial compensation and see to it that the responsible party is held accountable. We offer our services on a contingency basis, instead of a per hour fee, to ease your worries.
With years of experience handling personal injury cases, NST Law is among the largest law firms in Arkansas. We are the dominant law firm from West Memphis to Little Rock and the surrounding areas, including Pine Bluff, Conway, Hot Springs, and Fort Smith.
Having recovered more than $1.5 billion in verdicts and settlement for our clients, we’ll help in:
- Conducting an in-depth investigation and compiling evidence to develop a strong case.
- Filing the personal injury claims.
- Taking charge of the trial.
- Conversing with qualified experts, such as the police, expert witnesses, and accident reconstruction experts.
- Handling insurance companies and all insurance matters.
- Interpreting legalities to help you stay informed.
- Fighting for your legal rights to maximum compensation.
Our extensive knowledge of wrongful death law gives you the best chance of getting compensation and getting justice for your loved one. If you need the help of a wrongful death lawyer in Little Rock, contact NST Law today.
What Qualifies as a Wrongful Death Claim in Arkansas?
According to Arkansas Statute 16-62-102, wrongful death results from personal injuries inflicted through another party’s negligent actions or inactions.
In other words, if someone else or entity deliberately or negligently committed actions that directly led to the death of your loved one, then it could be considered wrongful death. In such instances, you have a right to file a wrongful death claim to recover damages suffered by your family and the deceased.
In this case, the loved one could be a spouse, living or unborn child, siblings, parents, or any individual, regardless of age, related under loco parentis laws.
However, if you are not sure whether you have a wrongful death claim, contact a Little Rock attorney for further information.
What Compensation Can I Receive?
Moving on with your life after the loss of your loved one can be financially challenging. There are various costs associated with the loss. It could be your loved one suffered a personal injury from a vehicular accident, medical error, defective product, nursing home neglect, or work-related injury that resulted in a period of hospitalization. The accrued hospital bills, ensuing funeral expenses, and your home’s operational costs, such as utility bills and food, can be challenging to settle without any financial support.
That’s why it’s vital to contact a wrongful death lawyer to help you get maximum compensation to settle all these bills and have a financial blanket to cushion you and your family as you rebuild your lives.
Compensation to recover damages falls into two categories:
A Family claim that compensates the family of the deceased victim for damages they suffered including:
- Loss of financial support
- Loss of consortium and companionship
- Emotional pain and suffering and emotional distress
- Loss of care, guidance, education, and comfort the deceased could have given if they had survived
- Loss of services in the household
An Estate claim that compensates the deceased person’s estate for the loss the deceased including:
- Funeral expenses
- Medical bills accrued to get medical treatment because of the personal injury
- Pain and suffering
- Loss of wages and benefits
Wrongful death laws state that compensation after a wrongful death case directly benefits the deceased’s spouse, children, siblings, parents, or person of any age the deceased stood in loco parentis in any stage of the deceased’s life. However, Arkansas wrongful death laws indicate no compensation will become the deceased victim’s assets, regardless of family or estate claim.
To help you understand compensation matters, seek legal counsel from a Little Rock wrongful death attorney.
Common Fatal Accidents Resulting in Wrongful Deaths in Little Rock
Some accidents in Little Rock result in minor injuries, while others result in catastrophic personal injuries resulting in lengthy hospitalizations and death.
At NST Law, our dedicated personal injury lawyers will represent you if your loved one succumbed to injuries caused through:
- Car accidents – Arkansas Department of Health reported 584 traffic accidents in 2019. Out of these, Little Rock had 32 total fatal accidents and 33 deaths. Speeding, distracted driving, and driving under the influence are leading causes of car accidents resulting in fatalities in Little Rock.
- Truck accidents – The size of commercial trucks, even when traveling at low speeds, can cause catastrophic injuries resulting in deaths. The situation escalates if the truck collides with a small passenger vehicle.
- Motorcycle accidents – Bike riding is the most dangerous form of transit in Little Rock. Motorcycles don’t offer the rider ample physical protection resulting in severe injuries and death, especially in head-on collisions.
- Medical malpractice – Arkansas is among the states with the highest medical malpractice rates. If you lose a loved one because of a professional health care provider error, you have a right to file a wrongful death claim.
- Work-related accidents – Reports indicate Arkansas is among the states with the highest rates of occupational fatalities. For instance, logging is the most dangerous job in Little Rock, with an accident fatality rate 33 times higher than any other job.
- Nursing home neglect – There are some cases where nursing home caregivers might neglect your loved one. According to the National Center on Elder Abuse (NCEA), issues such as physical abuse, sexual abuse, emotional abuse, neglect, and abandonment can result in personal injuries that could result in death.
- Defective products – A faulty product that fails to meet safety standards as mandated by the Consumer Product Safety Act (CSPA) can result in catastrophic personal injuries and death. For instance, an electronic appliance might short circuit causing an electric shock or fire that could burn your loved one resulting in death.
- Premise liability – Your loved one might be running errands in Little Rock and experience personal injuries while in a building, farm, or compound. It could be an animal bite, gunshot, slip and fall, or falling objects. These injuries might be severe enough to result in death. Certain property owners can be held responsible for inadequate security if your loved one was the victim of a crime on their premises, such as a homicide at an apartment complex or shopping center.
Contact a Little Rock wrongful death attorney to discuss your legal options if your loved one has experienced wrongful death due to any of these incidents.
Do I Have a Wrongful Death Claim?
You have a wrongful death claim if your loved one suffered personal injuries that led to a period of hospitalization then death, or the injuries directly resulted in death due to the intentional or careless deeds of another party.
Nevertheless, for the wrongful death claim to hold up in court or carry enough weight for an out-of-court settlement, you have to prove the other party’s fault in the death of your loved one.
If you aren’t sure you have a claim or not, don’t hesitate to contact a Little Rock wrongful death lawyer for further consultations.
How Do I Prove a Wrongful Death Claim in Little Rock?
When you lose a loved one due to another party’s actions or inactions, it’s important to prove fault. To win your wrongful death claim, your attorney has to prove:
- The defendant owed your loved one a duty of care.
- The defendant’s actions were in direct violation of the duty of care.
- The defendant’s breach of duty of care directly caused your loved one’s injuries resulting in death.
- Your loved one’s injuries and death accrued losses and damages.
After determining fault, the next step is to assess damage recovery. The modified comparative negligence statute, also known as the 50% rule, comes into play.
According to this statute, you can only recover damages per your loved one’s degree of fault in the accident that resulted in their injuries and death. For instance, if they had a 20% fault in the accident, the law allows you to recover 80% of damages. However, if your loved one had above 51% fault, you won’t be able to recover any damages.
Proving fault in a wrongful death claim in Little Rock is complex and labor-intensive, including analyzing evidence and proof of loss, obtaining copies of medical records, and conversing with experts. To get it right, contact a Little Rock wrongful death attorney.
What Do I Need To File a Wrongful Death Claim in Little Rock?
There are specific requirements you have to meet to file a wrongful death claim successfully in Little Rock. They include:
- A human fatality
- Proof of death caused by another party
- Proof of damages suffered, such as medical bills, funeral or burial costs
- A personal representative can be an individual named by the deceased in their will or any surviving family member above 21 years. Only the personal representative can file a wrongful death lawsuit in Little Rock.
Filing a wrongful death claim in Little Rock is a complex process that can be challenging if you lack legal experience or representation. To ensure this process goes flawlessly, hire a wrongful death attorney who will help you every step of the legal process.
How Long Do I Have To File a Wrongful Death Lawsuit in Arkansas?
Sec (c) 1 of the Arkansas Law stipulates you must file a wrongful death lawsuit within a specific period, commonly known as a statute of limitations. When you lose a loved one, you have three years from the date of death within which to file a wrongful death, after which you lose the chance to fight for compensation.
Therefore, contact a Little Rock wrongful death attorney early enough to file the claim and have ample planning time.
When Should I Hire a Little Rock Wrongful Death Lawyer?
Wrongful death lawsuits in Little Rock are complicated, labor-intensive, and time-consuming. Furthermore, the statute of limitations limits the time to file the wrongful death suit.
When you suspect your loved one has died due to another party’s actions in Little Rock, it’s best to contact an attorney at your earliest convenience. Even if you aren’t sure of the circumstances surrounding your loved one’s death, get in touch immediately with a Little Rock wrongful death lawyer. At NST Law, we collaborate with investigators and other experts to ascertain the cause and circumstances of your loved one’s death.
Additionally, the earlier you hire a wrongful death lawyer, the more time the lawyer will have to conduct a thorough investigation, collect evidence before it gets destroyed or lost, develop a solid case, and prepare for litigation.
Contact a Little Rock Wrongful Death Attorney
In such a difficult time, you require all the support you can get. No compensation can replace your loved one, but you can offset any bills that might make the grieving period more difficult. You need a partner who can offer you legal advice, fight for your legal rights, and get justice for your loved one and the surviving family members. If you want to learn more about your wrongful death lawsuit, visit our Morgan’s Little Rock office or head to our website and fill out the contact form to schedule a fast and free consultation.