If you’ve lost a loved one in an accident or incident that wasn’t their fault and you’re in the process of filing a wrongful death lawsuit against the negligent party, one of the things you’ll need to understand is how wrongful death settlements are distributed. Every state has unique laws regarding who can receive money from a wrongful death settlement if your claim is successful and what that money can be used for. Since wrongful death lawsuits are filed on behalf of someone else, it’s understandable that there are rules that govern how a settlement is divided.

After the death of your loved one, you might be interested in recovering benefits and damages from the negligent party who was responsible for causing their untimely passing. If they hadn’t been killed, your loved one would have been able to file a personal injury claim to sue the liable party, but since they’re gone, a family member is left to make the claim for them.

Accidents caused by someone else’s negligence can cause serious injuries to victims. Sometimes those injuries are severe and can cause fatalities. When your loved one passes away from someone else’s negligence, you likely will want to seek justice and compensation so that you can recover emotionally and financially.

Losing your partner in an unexpected death is hard enough. It’s even harder when their death could have been avoided. When that’s the case, you may be able to file a wrongful death claim on behalf of your loved one. Since you’ve experienced a tragedy, you deserve compensation for you and your loved one’s pain and suffering, as well as other damages. But can you file a wrongful death claim when you and your partner were not married?

Unexpectedly losing a loved one completely turns a family’s life upside down. The deceased’s loved ones suddenly have to plan a funeral and burial, grieve their loss, and adjust to a new way of life. These matters are often worse when their loved one died because of an individual’s or company’s negligence. In these cases, it may be some small comfort to bring the responsible party to justice.

Here are a few reasons why filing a lawsuit may be in your family’s best interests:

A contingency fee is a fee charged by an attorney to a client contingent upon the outcome of the matter.  Contingent fees in personal injury and wrongful death cases are allowed in Arkansas if the agreement is in writing and states the method for computing the fee, including the percentage of the fee and how costs will be handled.  See Arkansas Rules of Professional Conduct 1.5(c).

McMath Woods has served injured Arkansans since 1953.  Over the past sixty-three years, we’ve handled many personal injury and wrongful death cases on a contingent basis.  If you or a loved one has been injured and you need to hire an Arkansas lawyer on a contingency fee, please feel free to give us a call at McMath Woods.  

States have vastly different law concerning wrongful death cases–cases where it is alleged that certain acts caused death. Arkansas wrongful death laws allow for the recovery of what is termed “loss of life” damages by the Estate of the person killed, commonly referred to as the decedent. Loss of Life damages have been defined by the Arkansas Supreme Court as the “value that the decedent would have placed on his or her own life.” Durham v. Mayberry, 356 Ark. 481, 156 S.W.3d 242 (2004). Other forms of damages are also allowed for the Estate, including any conscious pain and suffering experienced prior to death. Wrongful death beneficiaries of the decedent under Arkansas law can include any living children, spouse, siblings, mother and father. Each has a separate claim for mental anguish. Anyone who believes a loved one or family member has a wrongful death claim should consult an attorney. Folks with venue choices should at least consider Arkansas law before filing in other states.