Elements Of A Successful Wrongful Death Claim
At Duncan Firm, we have years of experience representing Arkansas clients in wrongful death cases. We know that the weeks and months after losing a loved one are extremely difficult for surviving family members. Wrongful death law is difficult and hard to navigate in the best of circumstances, and, sadly, our clients in wrongful death suits are not facing the best of circumstances.
That’s why we fight so hard for our clients in wrongful death cases. If you don’t know whether you have the elements of a successful wrongful death claim, consider the following factors:
- Family: In order for a wrongful death suit to proceed, let alone have any chance of succeeding, an individual must have died and left behind a family member who can pursue the case and claim a significant monetary loss from the death. This can be a spouse, child or some other beneficiary or dependent.
- Fault: For a wrongful death suit to be successful, the plaintiff must prove fault on the part of the defendant. This fault can take the form of actual misconduct, but crucially, it also includes negligence. A wrongful death suit can stem from a wide variety of situations, including car accidents or medical malpractice.
- Damages: In a successful wrongful death claim, you must prove that the loss of your loved one caused significant financial damage to you and your family. This can be demonstrated in many ways, including looking at lost income from the lost family member, medical expenses incurred during the family member’s treatment, funeral expenses and pain and suffering derived from the loss. Mental anguish is also a factor.
- Timeliness: In Arkansas, the statute of limitations for a wrongful death claim is three years. It is important to move quickly and contact an experienced wrongful death lawyer if you feel you might have a wrongful death claim.
If you’ve lost a loved one due to the misconduct or negligence of someone else and you think your wrongful death claim might meet the elements above, please contact our Arkansas office today by calling 877-638-6226 or completing the form on this page for a free consultation. We’ll be able to assist you in this difficult time in determining whether to move forward with a wrongful death claim. Should you decide to file suit, we’ll fight for you and help you receive the justice and compensation to which you are entitled.