Many people’s biggest fear is losing a loved one. Losing a loved one in a tragic personal injury accident can be even more devastating. If you lost a family member in a motor vehicle accident, as a result of medical malpractice or due to another personal injury accident, a Conway wrongful death lawyer may be able to help you hold the responsible parties accountable so you can focus on your family and getting closure after your loss.
Our Conway personal injury lawyers at Gatti, Keltner, Bienvenu & Montesi PLC can prepare and file a legal claim on your behalf. We will fight to get you compensation to help with the financial burdens you are likely facing as a result of the loss of your loved one. Do not fight for justice alone.
Understanding What Constitutes Wrongful Death in Conway
A wrongful death occurs when someone’s negligence causes another’s death. There are many types of accidents that can cause a wrongful death. Some of the more common accidents include the following:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Construction accidents
- Medical malpractice
- Defective products
- Nursing home abuse or neglect
If one of these accidents, or any other, caused the death of your loved one, you should reach out to a wrongful death attorney in Conway as soon as possible. We can investigate the accident, determine who is liable, and work to get you compensation for the loss of your family member. While compensation will not bring your loved one back, it can help you ease the financial burden you are facing so you can focus on healing.
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Who Can File a Wrongful Death Claim in Conway
There are only certain parties who are eligible to file a wrongful death claim in Arkansas. Only specific surviving family members or personal representatives of the victim’s estate can file a wrongful death lawsuit. The following are common survivors who can file a wrongful death claim in Conway:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- The decedent’s siblings
- The decedent’s next of kin
- The personal representative of the decedent’s estate
If you are unsure of whether you have the authority to file a wrongful death lawsuit, contact a Conway wrongful death attorney as soon as possible. We can help determine whether you can file a claim. We can also answer any other questions you may have.
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How Long You Have to File a Wrongful Death Claim in Conway
According to Arkansas law, you have three years from the date of the accident to file a wrongful death claim. This time limit is called the statute of limitations. If you fail to file your lawsuit prior to the statute of limitations deadline, you may be barred from doing so.
Because you must meet this deadline to file your claim, it is important that you contact a wrongful death lawyer in Conway as soon as possible. This will give us time to investigate your loved one’s accident, request their medical records, and determine who is liable for their death. Once this information is received, we can file a lawsuit against the responsible party.
Contacting us as soon as possible will also give us time to collect the required documentation to show that the person filing the claim is an authorized party. If necessary, we can provide you with guidance on how to obtain the proper probate paperwork. You should not have to navigate this stressful time alone; we are here to help.
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What You Must Prove in a Conway Wrongful Death Case
In Arkansas, there are four elements you must prove for your wrongful death claim to be successful. Each of these elements must be met to maximize your chances of obtaining compensation for your loved one’s losses. These four elements include:
- Duty of care: The person responsible for your loved one’s death must have been required to provide a certain standard of care toward them.
- Breach of that duty: The liable party must have violated their duty of care.
- Causation: The responsible party’s breach of the standard of care must have directly caused your loved one’s death.
- Damages: As a result of the liable party’s breach of duty, your loved one must have suffered damages, which in this instance would be their death.
All four of these elements must be proven to have a successful wrongful death claim. In Arkansas, these elements must be proven by your attorney by a preponderance of the evidence. This means that you must prove to a factfinder that your evidence demonstrates the above elements are more likely true than not.
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What Compensation You Can Receive in a Conway Wrongful Death Claim
While no amount of compensation can offset the loss of your loved one, it can help lessen the financial burden you are facing from your loss. There are certain damages for which you can collect compensation in your wrongful death case. Those damages are as follows:
These damages are tangible losses. For example, they include damages that can be calculated. Economic damages often include loss of income and future earnings, funeral expenses, and medical expenses.
The damages are intangible losses. They are often difficult to put a monetary value on. Non-economic damages often include loss of companionship, emotional trauma, and loss of services.
These damages are rare but can be awarded if the party responsible for your loved one’s accident acted in a grossly negligent manner. They are intended to punish the liable party. In Arkansas, punitive damages are capped at $250,000 or three times the amount of economic and non-economic damages, not to exceed $1,000,000.
After suffering the tragic loss of a loved one, one of the last things you probably feel like doing is calculating your damages. Reach out to our wrongful death lawyers in Conway to help you.
Our experienced wrongful death attorneys at Gatti, Keltner, Bienvenu & Montesi PLC will handle investigating your loved one’s accident and calculating your damages. Retaining our help will allow you to focus on your family and healing from the loss of your loved one.
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Contact a Wrongful Death Lawyer in Conway Today
No one expects to lose a loved one in a tragic accident. If your loved one’s death was caused by someone else’s negligence, you need the help of our skilled, compassionate wrongful death lawyers at Gatti, Keltner, Bienvenu & Montesi PLC. Contact us today for a free consultation to discuss how we can help your family handle the complex legal process of getting you compensation for your losses so you can focus on your long healing process.