Wrongful Death Lawyers
Wrongful death occurs when a wrongful act, negligence, or default causes the death of an innocent victim. The preventable nature of a wrongful death makes it especially traumatic for the victim’s family members.
While we understand that no amount of compensation can make up for your loss, the dedicated Jonesboro personal injury attorneys at NST Law have a long record of helping suffering families receive financial relief.
Table Of Contents
- What qualifies as a wrongful death?
- Types of Jonesboro wrongful death cases
- Who is allowed to file a wrongful death claim in Arkansas?
- How long do I have to file a wrongful death claim in Jonesboro?
- Types of compensation for a wrongful death
- How to prove fault for a wrongful death claim
- Should I hire a Jonesboro wrongful death lawyer?
What qualifies as a wrongful death?
Wrongful death occurs when an action or lack of action by someone with a clear and reasonable duty of care causes or contributes to the death of another person.
Types of Jonesboro wrongful death cases
Wrongful deaths can stem from a multitude of circumstances—here are the most common case types in Arkansas:
- Car accidents. Arkansas motorists experienced 613 car accidents fatalities in 2020. Many were head-on collisions caused by failure to yield, speeding, road conditions, and distracted driving.
- Truck accidents. In 2019, there were 52 fatal traffic accidents involving commercial vehicles such as large trucks statewide, including 4 in Craighead County. Truck drivers owe an extra duty of care due to their training and comparatively large vehicle sizes.
- Motorcycle accidents. Motorcycle accidents have high fatality rates due to their lack of crash protection. Many accidents occur because other motorists fail to see motorcyclists. In 2019, 41% of motorcycle crashes occurred when passenger vehicles turned left in front of them.
- Workplace accidents. Arkansas workers suffered 64 fatal injuries in 2020. Employers must carry workers’ compensation insurance, and they can still be held liable even if the worker was partly at fault.
- Medical malpractice. Medical malpractice occurs when doctors, nurses, facilities, or other licensed or certified professionals make mistakes that violate the standard of care.
- Product liability. These claims can involve many types of products and often stem from automobile and workplace accidents.
- Defective medications and medical devices. NST Law has extensive experience investigating these types of product liability claims and has won large settlements for these types of class action claims
- Nursing home abuse and neglect. Nursing home abuse and neglect happen far too often. Understaffing is often a factor, but this does not justify the preventable deaths of our most vulnerable citizens.
- Negligent security. When inadequate security subjects unsuspecting citizens to violent crime on business premises, these businesses may be liable.
Who is allowed to file a wrongful death claim in Arkansas?
Arkansas Code Section §16-62-102 specifies that only the following family members are eligible to file a wrongful death claim:
- Anyone legally in the role of parent or child of the deceased
How long do I have to file a wrongful death claim in Jonesboro?
State law allows up to three years to file a wrongful death claim. This can be extended in cases where the responsible party is convicted of capital, first-or second-degree murder.
Although this seems like sufficient time, building a wrongful death case can be a lengthy process, and information is always easiest to gather immediately after the accident.
Types of compensation for a wrongful death
You can recover two categories of damages in wrongful death cases in Arkansas:
- Damages that could have been recovered by the deceased had they survived
- Damages for losses suffered by the family.
These include economic, non-economic, and punitive damages.
Economic damages are quantifiable monetary losses that can be proven. These include medical expenses, funeral expenses, and loss of income that resulted from the death.
Non-economic damages include loss of services and companionship, pain and suffering of the deceased, and mental anguish or grief.
Punitive damages are awarded as a punishment against the defendant when it can be proven that the defendant acted maliciously or with reckless disregard of the consequences, such as drunk driving.
How to prove fault for a wrongful death claim
To win a wrongful death case, you must first establish that less than 50% of the fault lies with the deceased. Fault is established when any of the following negligent or willful actions, omissions, or conduct are proven to be the proximate cause of the death:
- Act – a willful, unreasonable, or careless action
- Omission – failure to take a reasonable action that could have prevented the death
- Conduct – a series of acts or omissions
- Risk assumed – the taking on of unreasonable risks through acts or omissions
- Breach of warranty – failure to fulfill a promised action in a contract
- Breach of legal duty – failure to provide a legally required service or standard of care
Any party that played a role in the death can be liable. This includes product manufacturers, suppliers, marketers, motor vehicle operators, health care providers, or anyone who failed to exercise reasonable care under the circumstances.
Should I hire a Jonesboro wrongful death lawyer?
Wrongful death cases require detailed investigations, timely filing of motions, retention of expert witnesses, and knowledge of the Arkansas statutes. These practical necessities alone would make it difficult to file a wrongful death case without a lawyer, but the powerful grief that often accompanies wrongful death can make this process overwhelming. A compassionate, competent attorney can ensure your case is handled with the attention required to win the compensation you need and deserve.
The attorneys at NST Law understand the emotional and financial devastation wrongful deaths cause. While compensation cannot take away the grief, it can alleviate the resulting financial strain. We are dedicated to pursuing the maximum award available by law, and our record shows that our dedication pays off. We have over 30 years of experience and have won over $2 billion on behalf of our clients.
Here are some of the verdicts and settlements we have won:
- $6,301,713 on behalf of a 65-year-old man killed in a multi-vehicle truck accident in Arkansas
- $511,509.73 on behalf of a 44-year-old woman who suffered a heart attack after taking the pain medication Celebrex
- A significant confidential settlement in a nursing home death caused by starvation and dehydration
- A significant confidential settlement in a case of the negligent use of forceps resulting in an infant death
If your loved one was a victim of wrongful death, don’t delay. Contact NST Law today for a free consultation by completing our easy online form or calling our Jonesboro office at 870-931-0500.