Little Rock Fatal Car Accidents

Bringing a claim for wrongful death can be a complex and difficult process. For this reason, it is best to consult first with an accident attorney who has experience in handling complex auto accident cases.

Most states that provide a statutory framework for bringing a wrongful death claim require the claim to be brought by the proper party. Under Arkansas’ wrongful death laws, the surviving spouse of the decedent normally has priority in bringing the case. If the decedent did not leave a surviving spouse, then the wrongful death statute provides for other possible proper parties, such as surviving children or other next of kin. If there are no surviving family members to bring the claim, then the responsibility can fall outside of the family to the decedent’s personal representative or the administrator of their estate.

Once the proper party has been identified, the surviving family of the deceased victim will still generally need to prove that the party who caused the fatal accident was negligent in doing so. For example, the at-fault party could have been speeding down Interstate 430, looking down at a text on their phone, tailgating, driving while intoxicated, or any number of other negligent actions. Bringing a negligence claim requires proof sufficient to establish the elements of negligence, which are duty, breach, causation, and damages. Evidence to support a negligence claim can generally be obtained from a variety of sources, including witness testimony, phone records, police reports, video footage, and more. An experienced car wreck attorney in Little Rock will be able to assist you in pouring through these various sources of information to obtain the proof you need for your case to succeed.

After the proper party has been identified and proof of the at-fault party’s negligence has been obtained, the surviving family members can seek damages from the at-fault party. In the case of wrongful death, the damages available may include medical bills, pain and suffering from the time of accident until death, loss of consortium, funeral and burial costs, and more. Loss of income can play a large role in the amount of damages recovered in this type of case. Loss of future earnings can be established based on the decedent’s age, education, employment history, and earning power. A lawyer experienced in handling fatal car accident cases in Arkansas will be able to advise you on exactly what damages you are entitled to under the facts of your case.