Losing a loved one because of another person’s negligence or wrongful act can bring devastation to a family. While winning a lawsuit can never bring a loved one back, getting a settlement or jury verdict in favor of the family can help create stability for a surviving spouse and children. This can at least alleviate financial stress in a difficult time.
Wrongful death laws can be complicated and vary from state to state. Hiring an experienced Arkansas wrongful death lawyer is the best way to protect your family’s legal right to financial recovery after an accident and seek justice for your tragic loss. Contact a lawyer now to help protect your family after losing a loved one in a wrongful death accident.
What Do You Need To Prove A Wrongful Death Case?
The plaintiff must prove certain legal elements to win a wrongful death case. Failure to prove all the elements of a wrongful death claim can make it impossible to collect compensation after losing someone. Your wrongful death attorney will be your best ally in presenting proper evidence to prove each element.
Death of a Person
To win a wrongful death case, you must prove that someone died. The death does not have to be immediate, as some victims struggle to survive for some time following an accident or incident. The death might be instant or might have happened at a later date when they succumbed to their accidental injuries or illness.
The Death Was Caused By the Defendant’s Negligence or Wrongful Act
There must be a causal connection, or a direct link, between the liable party’s conduct and your loved one’s death. Their conduct might be negligence, recklessness, or intentional criminal conduct. A wrongful death attorney can establish the link between the accident and the death through a thorough investigation and evidence.
Damages
A wrongful death plaintiff must prove they suffered damages after their loss. You must prove that because of the loss of the deceased, your family faced financial or emotional losses. Examples of compensatory damages that a family might recover from a wrongful death lawsuit include the following.
- Emotional distress
- Medical bills and out-of-pocket expenses
- Funeral and burial expenses
- Loss of consortium
- Lost earnings and financial support
- Shock pain and suffering
In some cases, wrongful death plaintiffs might recover punitive damages. Punitive damages are not compensatory, so this category of damages is not meant to compensate the victim. Punitive damages are only available when the defendant’s actions are egregious and intolerable, such as homicide.
Speak to your attorney about the availability of punitive damages after losing a loved one in a wrongful death due to particularly terrible conduct.
Standing To Sue For Wrongful Death
You must have standing to sue after a wrongful death accident. Wrongful death law is complicated and varies greatly among states, including who can bring a claim. Speak to an attorney to learn more about your right to sue after losing someone in an accident.
In many states, the deceased’s surviving spouse, children, or parents might be allowed to sue for wrongful death damages. Other states extend the right to recovery to domestic partners, grandparents, and siblings. Some states require a personal representative to bring the claim on behalf of the family members.
What Evidence Is Needed To Prove a Wrongful Death Claim?
You will need evidence to win a wrongful death case. Here are some examples of what families need to help prove their wrongful death claim.
Autopsy Report
The details collected from an official autopsy report can be helpful after a wrongful death accident. Your family must prove that the accident caused the death of your loved one, and an expert’s review of the autopsy report can help explain to a judge or jury how the accident happened.
Medical Records and Bills
Having a complete record of your medical treatment plan and any expenses you have incurred is important. Share the medical records with your attorney for them to review. Your legal team will decide how to use the records and bills to your advantage.
Witness Testimony
Witness testimony from the accident can be helpful in financially recovering after a wrongful death accident. Having an attorney will help interview witnesses and gather evidence. Contact an attorney immediately after losing someone in an accident caused by another person or entity’s negligence.
Accident Reports
The accident report will have important details of the accident within it and can lead to a better understanding of how the accident happened. Obtain a copy of the accident report, or your attorney will help get the report and use it to your advantage after losing a loved one after a wrongful death accident.
Documentation of Financial Losses
A major category of damages after a wrongful death is financial losses. Damages in wrongful death cases are calculated on the loss the plaintiffs suffered when the decedent died. You should track your financial losses after a wrongful death and share them with your attorney.
Possible Defenses In a Wrongful Death Case
In wrongful death claims, the defendant may assert various defenses to challenge the allegations or mitigate their liability. Some common defenses include the following.
No Emotional Distress or Loss
The defendant may assert that the surviving family members did not suffer emotional distress or financial loss as a result of the death. This can be an argument used to challenge the amount of damages.
Independent Intervening Cause
The defense might argue that another intervening cause was the reason for the accident. The defendant might argue that the unforeseen event, not related to their actions, was the proximate cause of death. For example, the defendant may argue that the deceased’s death was caused by an unrelated medical condition or a separate party’s actions.
No Breach of Duty
The defendant may assert they did not breach any duty of care owed to the deceased. In other words, they may argue that they acted reasonably under the circumstances and that no negligence occurred.
Defendant has Immunity Under State Law
The defendant may have immunity from suit. Certain states provide specific immunities to certain parties, such as medical providers, government employees, or others acting in good faith during their official duties. These immunities can prevent or limit the defendant’s liability in wrongful death cases.
Sovereign Immunity
In cases involving government entities or employees, the defendant might invoke sovereign immunity, which provides certain protections from lawsuits. In some cases, the government may be immune from wrongful death claims, or the scope of liability may be limited.
Statute of Limitations
If the claim is brought after the statute of limitations has expired, the defendant can assert this as a defense. The time limit for filing a wrongful death lawsuit varies by jurisdiction, and if the claim is filed too late, it may be dismissed.
No Duty of Care
The defense might claim that the defendant did not have a duty of care and cannot be liable for the wrongful death accident. For example, in some circumstances, individuals or organizations may not have a legal obligation to act in a certain way, particularly in the absence of a special relationship.
Consent
In certain cases, the defendant might argue that the deceased person consented to the risk or the action that led to their death, particularly in cases involving recreational activities.
Self-defense or Defense of Others
If the death occurred in a context where the defendant was protecting themselves or others from imminent harm, they might claim that the actions that led to the death were justified as self-defense or defense of others. In cases of physical confrontation, the defendant may argue that they acted reasonably in using force to prevent harm.
Natural Causes
The defendant might claim that the death was caused by an unforeseeable and unavoidable event, like a natural disaster, which reasonable actions could not have prevented.
Lack of Causation
The defendant may argue that their actions did not cause the death. If they can prove that there was no causal link between their conduct and the death, their claim can fail.
Disputed Liability
The defendant might argue that they are not responsible for causing the harm. They might point a finger at other parties or even at the deceased, who can no longer tell their own side of the story.
Speak to an attorney if the defendant is in your case and claims that you somehow are partly to blame for the accident. An attorney can help protect you from this common defense to wrongful death.
These defenses, individually or in combination, can serve to either fully or partially reduce the defendant’s liability in a wrongful death claim. The case outcome will depend on the facts, evidence, and applicable laws in the jurisdiction where the claim is filed.
How Can a Wrongful Death Attorney Help Me?
A wrongful death attorney can be invaluable in overseeing the legal process following the death of a loved one. Here is how a wrongful death attorney can assist:
Advocate for Justice
Your attorney will fight to get you and your family justice. If your loved one’s death was the result of someone else’s negligence or intentional act, your lawyer will help hold the responsible parties accountable, seeking justice on behalf of your family.
Explore Alternative Dispute Resolution
Mediation or arbitration (i.e., alternative dispute resolution or “ADR”) might be the best way to resolve your wrongful death claim. A wrongful death attorney can guide you through these alternative dispute resolution processes to potentially reach a faster, more favorable outcome.
Handle Complex Legal Procedures
Wrongful death law is detailed and varied, so an attorney is a wonderful benefit after losing a loved one in an accident. The attorney will manage all the legal paperwork, motions, hearings, and deadlines, reducing the burden on the grieving family members.
Every state has a statute of limitations, which sets a time limit for filing a wrongful death lawsuit. A wrongful death attorney will ensure you file the claim within the legal timeframe.
Handle Communication and Negotiation
If the case can be settled out of court, an experienced attorney will negotiate to secure a fair settlement that compensates you for damages, such as medical bills, lost earnings, and emotional pain.
Explain Your Legal Rights
Learning all your rights after a wrongful death lawsuit can be difficult, but having an attorney will help bridge any gaps in your understanding. A wrongful death lawyer helps survivors understand their legal rights and the potential options for recovery, including who may be eligible to file a claim and the timeframes involved.
Having an attorney ensures that the case is being handled by someone with knowledge of local laws, court rules, and procedural nuances.
Assess and Quantify Damages
The attorney can help assess both economic and non-economic damages. An attorney can ensure you are pursuing all potential sources of compensation, including possible claims for punitive damages if the defendant’s conduct was especially egregious.
Provide Emotional Support and Advocacy
Wrongful death claims involve complex legal principles, including proving negligence, causation, and damages. A wrongful death attorney will guide you through the legal process, explaining the relevant laws in your jurisdiction. The attorney can help identify whether you have a valid claim for wrongful death and who may be held liable.
File the Lawsuit and Represent You in Court
If the case cannot be settled outside of court, a wrongful death lawyer will file a lawsuit on your behalf, ensuring all deadlines are met, and the appropriate paperwork is filed correctly.
A wrongful death attorney is a crucial ally in seeking justice, fair compensation, and closure after the loss of a loved one. Their experience, guidance, and support can make a significant difference in the outcome of your case, especially during such a difficult time.
Contact A Wrongful Death Lawyer Today
You deserve the protection of an experienced legal representative after losing someone in an accident. Contact an Arkansas personal injury attorney to get the best results available after a wrongful death. Do not delay. Call an experienced wrongful death attorney to help you and your family get your lives back on track after a tragic loss.