Wrongful Death

Info You Need to Know About Arkansas Wrongful Death Claims

If you have you lost a loved one through the fault of another, you have legal rights based on a wrongful death claim. My name is Jim Carfagno, and I am a Russellville, Arkansas wrongful death lawyer. Call me for a free, no obligation consult at 479-968-4747. I’m here to answer your questions and guide you through the process!

If you hire me on your case, there will be no cost to you unless I obtain a recovery for you. Guaranteed!

Below is a brief outline of your legal rights in an Arkansas wrongful death claim, but be sure to call me so that I can fill in the details and answer your questions.

WHAT IS AN ARKANSAS WRONGFUL DEATH CLAIM?

A wrongful death claim can be made when someone dies as a result of the careless conduct of someone else. Some examples of situations in which careless conduct can lead to a wrongful death claim include:

• Automobile and tractor-trailer rig accidents
• Nursing home care
• Dangerous products at home or at work
• Medical or hospital care
• Accidents at railroad crossings

There are actually two separate claims which can be made:

1. THE ESTATE WRONGFUL DEATH CLAIM

The estate claim is a claim by the deceased person’s estate for the losses the deceased himself/herself suffered before his or her death. Those losses include:

• Medical bills and funeral expenses
• Your loved one’s pain and suffering
• The lost of the value which the deceased placed on his life

The money recovered in this estate wrongful death claim becomes part of the deceased person’s estate. After payment of any debts and estate expenses, this money goes as stated in the deceased’s will. If there is no will, the money goes to the spouse and heirs.

2. THE FAMILY WRONGFUL DEATH CLAIM

The family claim is a claim on behalf the deceased person’s relatives for losses they themselves suffered as a result of the person’s wrongful death. The money recovered on this claim goes directly to the relatives. It does not belong to the person’s estate, and therefore cannot be taken to pay his or her debts.

Those who can recover under the family wrongful death claim include the deceased person’s surviving spouse, the children, the father and mother, and brothers and sisters. The losses for which they can recover include:

• Mental anguish suffered as a result of the loved one’s death
• Loss of companionship suffered by the surviving spouse
• Support which the deceased parent would have contributed for his or her children’s support
• Minor children can also recover for the loss of their parent’s love and guidance.

WHO MAKES THE WRONGFUL DEATH CLAIM?Both types of death claims are normally made by the administrator of the deceased’s estate. Even though family members may be entitled to benefits, they are not allowed to make the claim themselves. However, court approval of any settlement (including the manner in which it is divided among the family members) is required.

TIME LIMIT TO MAKE AN ARKANSAS WRONGFUL DEATH CLAIMIn most cases a claim must be made within three years. However, a claim against a doctor or hospital must usually be brought within two years of the date of the medical carelessness. There are exceptions to these rules. Because the time limit is so important, please be sure to ask us about it when you call.

WHAT SHOULD I DO?

A wrongful death claim is a very serious matter. Often hundreds of thousands of dollars are at stake. Please call me for a free, no obligation consult at 479-968-4747.

If you hire me, you will not pay a lawyer fee until I obtain a recovery for you. I will promptly make a detailed investigation to obtain information which may be critical to the success of your case (delay can result in the loss of important information).

I will also bring in a lawyer who specializes in your particular type of wrongful death claim, at no additional fee to you. Working together as a team, we will give very careful attention to your claim and present it vigorously.

Make the call to get the help you need!