Fayetteville Wrongful Death Lawyers

The only thing that can make the loss of a loved one more devastating is knowing that another person’s negligence caused the death and could have been prevented. Whether you lost a parent, a child, a spouse, or another family member, you may be entitled to financial compensation by filing a wrongful death lawsuit against the negligent party.

While no amount of money can bring your loved one back, it will prevent you and your family from facing financial hardship associated with the loss of income, medical expenses, and other losses caused by the negligent party’s reckless or careless behavior. If you lost a loved one in a tragic accident, do not hesitate to contact an experienced Fayetteville wrongful death lawyer who will assist you with the claims process.

What Are the Most Common Causes of Wrongful Death?

According to Arkansas Code § 16-62-102, wrongful death is the loss of life caused by a wrongful act, neglect, or default. Had the victims survived, they would have been entitled to financial compensation. If you lost a loved one in an accident that was caused by another person’s negligent behavior, you may be entitled to financial compensation. The following are examples of common causes of wrongful death:

Motor Vehicle Accidents: This includes car, truck, motorcycle, and pedestrian accidents. If an accident results in a fatality, and the at-fault driver was distracted, speeding, driving recklessly, or was under the influence of drugs or alcohol at the time of the accident, the victim’s family may pursue a wrongful death claim.
Recreational Accidents: Recreational vehicles include boats, jet skis, all-terrain vehicles (ATVs), mountain bikes, and off-road vehicles. These vehicles and their use carry an increased safety risk. When negligence causes a fatal accident, the surviving family members may be entitled to financial compensation.
Workplace Accidents: Certain work environments, including construction sites and industrial worksites, are particularly dangerous. If a loved one suffers a fatal injury while on the job, the surviving family members can file a wrongful death claim.
Dangerous Premises: Property owners are responsible for maintaining their property and making necessary repairs to ensure the premises are safe and free of any hazards that could cause serious injuries. This includes ensuring that the property is well-lit, that stairways have property handrails, that all clutter is removed from flooring, and that swimming pools have the proper supervision at all times. A failure to maintain or supervise property can increase the risk of a fatal accident.
Defective Products: Dangerous and defective products are responsible for thousands of deaths each year. Examples include faulty airbags, poorly designed medical devices, tainted medications, and improperly manufactured electronics.

What Are the Key Elements of a Wrongful Death Claim?

To have a successful wrongful death claim, you must be able to prove the following elements:

A death occurred. Your Fayetteville wrongful death lawyer must prove that your loved one suffered a sudden death in an accident.
Negligence was a factor. Your wrongful death lawyer must also prove that the death was caused by another person’s negligence or the intention to harm. For example, if your loved one was killed in a car accident, your lawyer must be able to demonstrate that the other motorist was distracted, driving recklessly, or was drunk driving, and their negligence caused the fatality.
You and your family suffered losses. Your legal team must also show that you and your family have suffered financial losses as a result of your loved one’s death. This can include the loss of income your loved one provides and non-economic benefits like companionship.
A representative for the estate must be appointed. Your loved one must have appointed a personal representative for the estate, which would likely be a surviving spouse, child, or other family member.

How Do I Prove Negligence in a Wrongful Death Claim?

Establishing negligence in a wrongful death claim can be complicated, but it is crucial to a successful claim outcome. The first step in this process is to establish that the other party involved owed your loved one a duty of care, meaning the other person had a duty to keep you safe or avoid behaviors that could cause you harm.

Once this has been established, your wrongful death lawyer will show that there was a breach in the duty of care. For example, if a motorist was drunk driving or a surgeon operated on the wrong body part, this is a breach of the duty of care. This may require an accident reconstructionist, interviewing eyewitnesses, and reviewing medical records. Your lawyer will then need to prove that the breach of duty caused the death and that you suffered damages as a result of the death.

What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Arkansas?

If you intend to file a wrongful death lawsuit in Arkansas, you typically must file the claim within three years of the date of your loved one’s death. This may seem like a long time, but it is essential to start the claims process as soon as possible so that you can recover the financial compensation you are entitled to and avoid going into debt from expenses related to your loved one’s death.

If you miss the deadline, your claim will likely be denied, and you cannot file another claim. A dedicated wrongful death lawyer will assist you with the claims process and ensure your claim is filed well before the statute of limitations expires.

The Fayetteville Wrongful Death Lawyers at Osborne & Wilmoth Law Firm Help Clients Navigate Wrongful Death Claims

If you lost a loved one in a tragic accident that was caused by another party’s negligence, contact the Fayetteville wrongful death lawyers at Osborne & Wilmoth Law Firm. Our compassionate legal team understands how devastating it is to lose a loved one. To schedule a free consultation, call us today at 479-521-7727 or contact us online. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.