Arkansas Wrongful Death Lawyers

Losing a loved one is one of the most painful experiences anyone can endure. If your loved one’s death was caused by negligence or wrongful actions, the emotional toll can be even greater. At Osborne & Wilmoth Law Firm, we understand the complexity of wrongful death cases and their lasting effects on families.

Our Arkansas wrongful death lawyers are dedicated to helping you navigate the legal process, seek justice, and secure the compensation your family deserves.

What Is Wrongful Death?

In Arkansas, a wrongful death occurs when someone’s life is taken as a result of another person’s wrongful or negligent actions. These types of cases typically involve accidents, misconduct, or intentional harm that leads to a fatality. Wrongful death claims can arise from a variety of circumstances, including but not limited to:

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by another’s negligence.
• Medical Malpractice: Errors made by healthcare professionals, including misdiagnosis, surgical mistakes, and improper treatment.
• Product Liability: Deaths caused by faulty or dangerous products.
• Workplace Accidents: Fatal accidents that occur in the course of employment.
• Nursing Home Abuse: Negligence or abuse leading to the untimely death of an elderly person in a care facility.

Who Can File a Wrongful Death Lawsuit in Arkansas?

In Arkansas, the right to file a wrongful death lawsuit is limited to certain individuals. According to state law, the following parties may bring a wrongful death claim:

• Spouse of the deceased.
• Children of the deceased.
• Parents of the deceased, if there is no surviving spouse or children.
• Siblings may file if there is no surviving spouse, children, or parents.

If you are unsure whether you qualify to file a wrongful death claim, our team at Osborne & Wilmoth Law Firm can help clarify your rights and guide you through the process.

Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit, certain elements must be proven. These elements include:

• Duty of Care: The defendant owed a duty of care to the deceased. For example, drivers owe a duty to drive safely and obey traffic laws, and doctors owe a duty to provide a standard level of medical care.
• Breach of Duty: The defendant failed to fulfill their duty of care. For example, a driver runs a red light, or a healthcare provider misdiagnoses a patient.
• Causation: The defendant’s breach of duty directly caused the death of the victim. There must be a clear link between the defendant’s actions and the fatality.
• Damages: The surviving family members must have suffered financial and emotional losses as a result of the death. These damages may include medical expenses, funeral costs, lost wages, loss of companionship, and pain and suffering.

Types of Damages in a Wrongful Death Case

In a wrongful death lawsuit, the surviving family members may be entitled to various types of damages, depending on the circumstances of the case. These damages can include:

• Economic Damages: This includes the financial losses incurred due to the death, such as medical bills, funeral expenses, and loss of income or future earnings.
• Non-Economic Damages: These damages compensate for the emotional and psychological impact of the death, such as pain and suffering, loss of companionship, and emotional distress.
• Punitive Damages: Punitive damages may be awarded in cases involving particularly egregious conduct, such as drunk driving or intentional harm. These damages are meant to punish the wrongdoer and deter similar conduct in the future.

Why Choose Osborne & Wilmoth Law Firm

At Osborne & Wilmoth Law Firm, we understand the devastation that comes with the wrongful death of a loved one. We are committed to providing compassionate, experienced legal representation for families in Arkansas. Here’s why you should choose us:

• Experience: Our team of wrongful death lawyers has years of experience handling complex cases. We have a track record of success in obtaining favorable verdicts and settlements for our clients.
• Personalized Attention: Every case is unique, and we treat each client with the utmost care and attention. We take the time to understand your situation, goals, and needs.
• Comprehensive Approach: We will investigate the circumstances surrounding your loved one’s death, gather evidence, consult experts, and build a strong case to maximize your chances of success.
• No Upfront Fees: At Osborne & Wilmoth Law Firm, we work on a contingency fee basis. This means you don’t pay any legal fees unless we win your case. Our priority is to get you the compensation you deserve.

The Legal Process for a Wrongful Death Case in Arkansas

Filing a wrongful death lawsuit can be complex, and having an experienced lawyer on your side is essential. Here is a general overview of the legal process:

• Consultation: The first step is to schedule a free consultation with one of our lawyers. We will review the details of your case and determine whether you have grounds for a wrongful death lawsuit.
• Investigation: We will conduct a thorough investigation into the circumstances surrounding your loved one’s death, gathering evidence, interviewing witnesses, and consulting with experts as needed.
• Filing the Lawsuit: If you have a valid claim, we will file a lawsuit on your behalf. This involves preparing the necessary legal documents and submitting them to the court.
• Negotiation or Trial: We can often reach a settlement with the defendant’s insurance company or legal team. If a fair settlement cannot be reached, we will take the case to trial and fight for your rights before a judge and jury.
• Resolution: If successful, the case will result in a financial settlement or jury award. This compensation can help ease the financial burden caused by losing your loved one.

Statute of Limitations for Wrongful Death in Arkansas

It’s important to note that Arkansas has a statute of limitations for wrongful death claims. The statute of limitations sets a deadline for filing a lawsuit, and failure to file within the specified time frame could result in losing the right to pursue a claim. In Arkansas, the statute of limitations for wrongful death cases is typically three years from the date of the death.