An unexpected loss of a loved one is a tragic experience that can put your life on hold. The loss can change everything—the patterns of your everyday life as well as what you were planning for the future. It can be even more painful when you and your family learn that someone’s negligence led to your family member’s passing. Knowing that someone is responsible can leave you with many questions and you’re probably wondering what actions you can take. If you’re seeking justice, you’re going to need a Fayetteville wrongful death lawyer at your side.
McMath Woods P.A. has helped many grieving families with wrongful death claims. We know that you’re going through an incredibly difficult and emotional time and handling legal matters may seem like too much. But we’re here to provide the expertise you need to have a successful claim. Our lawyers are compassionate and dedicated to helping Arkansas families.
Your claim will need details on what happened and why. When our lawyers investigate your case, you’ll know we’ll do everything we can to get to the truth. We’ll review accident reports, medical records, and anything else that will give us a clear picture of what led to your loved one’s death.
How Wrongful Death Occurs
Whenever someone acts negligently, they are putting others around them at risk of injury or worse. Our attorneys have handled a myriad of wrongful death cases. Let’s take a look at some of the most common ways wrongful death occurs.
- Medical Malpractice. Many of us trust medical professionals to take care of us. When a medical professional makes a mistake or doesn’t give someone the care they need, their life could be put at risk. This could be a nurse administering the wrong medication or a doctor failing to diagnose a patient when they should have recognized the symptoms.
- Nursing Home Abuse. Negligent staff in a nursing home may not give a senior their medication on time or not have safety protocols in place to protect the senior from falling. There could also be cases of abuse, where the staff is intentionally harming a resident.
- Car, Truck, and Motorcycle Accidents. Whenever a negligent driver is on the road, they could cause an accident that results in death. Negligent car and truck drivers alike may pay more attention to their phone, try to complete another task, or drive above the posted speed limit. Motorcyclists are in danger of fatal injuries because they lack the protection other vehicles provide.
- Slip and Fall Accidents. Slip and fall accidents can happen in hospitals and nursing homes, but they can happen on any premises that doesn’t take measures to prevent falls. Severe falls can cause brain damage, which can be fatal. Senior citizens are at a higher risk of falling. If they sustain injuries, they may also get an infection that they may not be able to fight.
- Worksite Accidents. Wrongful death can also happen in the workplace. Construction workers can suffer fatal accidents if others act negligently on the job site. However, workers in other industries can lose their lives because of negligence as well.
If your loved one lost their life because of the negligence of others, our Fayetteville attorneys are here for you. We’ll look into what happened and determine if you’re eligible to seek damages through a wrongful death suit. Let’s look into who can bring this legal action forward in Arkansas.
Who Can File a Wrongful Death Claim?
Arkansas Code §§16-62-101-102 states that a personal representative of the deceased can bring a wrongful death claim forward. If there isn’t a personal representative, then the heirs of the deceased can do so.
Your lawyer can help you make sure all the details are in order and the claim gets to the right people. When building your case, we’ll look for evidence of how to prove the negligent party owed your loved one a duty of care, didn’t meet the duty of care, and caused your loved one’s death.
It’s important to come forward with your wrongful death action in a timely manner. You will have a time limit to where you can seek damages for your family member’s death. Speak with your Fayetteville lawyer to find out how much time you have. While you may think there’s a lot of time, the legal process can be slow. You also may notice the financial stress soon after your loved one’s passing.
The sooner you meet with an attorney and begin working to getting your family member justice, the sooner you and your family can resolve the matter and grieve for your loved one. Let’s look into how a wrongful death suit can benefit you and your family.
How a Fayetteville Wrongful Death Lawyer Can Help You
While losing a loved one causes immeasurable grief, you and your family can also suffer significant damages. If you depended on their income, you may be worried about your livelihood. There’s also the loss of support if you managed a household or were raising a family together. When you work with an attorney, you can recover these damages.
Recover Compensation for Your Loss
Your wrongful death lawyer will take all the damages and losses into account. When we investigate the financial losses your family has suffered, we’ll calculate all the expenses that have arisen. Here are some of the aspects we consider when we’re determining what you’re owed:
- Funeral and Burial Costs. Our lawyers will fight for funeral and burial costs. These costs can get expensive quickly and it’s not fair for these costs to be put on you when the negligence of another party is what caused your loved one to lose their life.
- Lost Earnings. There is also the loss of earnings, which refers to the income your love one would have made had they survived the accident. If you depended on your loved one financially, dealing with your financial responsibilities can be overwhelming. We’ll seek loss of earnings in addition to recovering damages for medical bills.
- Medical Expenses. Your loved one may have spent some time in the hospital or undergone some treatment before they passed away. Hospital expenses can be another major financial stressor, which is why we’re here to fight for your compensation to cover those costs.
- Property Damage. If there was property damage involved with the accident, like damaged car, we’ll also take those costs into account.
- Emotional Losses. The other aspect of damages you can recover is for the emotional consequences of losing your loved one. You may be able to seek compensation for loss of companionship and consortium, especially if you depended on this person for running a household, raising a family, or looked to them for guidance.
- Pain and Suffering. You may also seek pain and suffering damages on your loved one’s behalf. This is for the pain of the injuries they incurred.
If gross negligence was involved in your case, then you may be able to recover punitive damages. These damages are to punish the negligent party for their actions. They would have had to know that their actions would result in your loved one’s death and they continued to act recklessly. If your lawyer determines that this applies to your case, then we will carefully investigate to find evidence of gross negligence.
The emotional distress or mental anguish of losing a loved one is traumatic. Our Fayetteville wrongful death lawyers will do everything possible to fight for you to recover these non-financial or noneconomic damages in addition to the financial losses.
Get Justice for Your Loved One
When you’re coming forward with a wrongful death action, you may have some misgivings about seeking compensation after losing your family member. We understand how you may feel about this situation. While it can be difficult to think about putting a price on what you’ve suffered, taking legal action can be how you get justice for your loved one and your family.
It may also be helpful to think about what your family member would have done had they survived the accident. They would have likely filed a personal injury claim and sought recovery for the damages they incurred. This includes financial losses for their lost wages and medical costs and for the noneconomic losses like pain and suffering and loss of enjoyment of life. You can think of the wrongful death suit as the personal injury claim your loved one would have filed.
This is also your chance to hold the negligent party accountable for their actions. You can show them the consequences of their negligence and what it’s cost your loved one and your family. Getting justice for your loved one may bring some comfort to you and it could also cause the negligent party to never do what they did again.
If it was a negligent manufacturing company, they may implement better safety measures. If it was a distracted driver, they may lose their license for some time, and when they can drive again, are always focused on the road.
Your claim can bring financial peace of mind to you and your family. You’ll be able to cover the costs of the accident. You can grieve without worrying about how you’re going to pay bills or keep food on the table.
While the process may be difficult, your wrongful death attorney from our law office in Fayetteville will be at your side throughout the process. We’re here to answer questions, provide support, and help you stand up for your loved one.
We Help Arkansas Citizens
McMath Woods P.A. fiercely protects the rights of Arkansas citizens. When you’ve lost a loved one because of negligence, you may be able to take legal action. We’ll fight on your loved one’s behalf and show the liable party what their actions caused. Your Fayetteville wrongful death lawyer will seek full and fair compensation for you and your family.
Get in touch with our office as soon as possible so we can review your case. If we believe you have a valid claim, we can start discussing how to proceed. We’ll help you go over your options and then can begin fighting for you and your family.