Wrongful Death

Wrongful Death Claim? Protect Your Family’s Future

by Mike Rainwater | February 13th, 2017

We’ve all lost someone we love. In the best circumstances, we were given the opportunity to say goodbye and tell them what they’ve meant to us. But when that opportunity is taken from us due to someone else’s carelessness, it can leave us feeling broken, confused, and angry. If you’ve lost a loved one in that way, you know firsthand the unique mixture of loss and uncertainty that accompanies a wrongful death. You may be feeling as if there’s nowhere to turn for help, but there is.

At Rainwater, Holt & Sexton, we help surviving families of wrongful death victims in Arkansas get the justice they deserve. It’s not about getting revenge; it’s about reconciling your loss and the potential your loved one brought to your family. That includes loss of future income, companionship, and much more. No amount of compensation can bring your loved one home to you, but it can protect you and your family from undue financial troubles down the road.

If you’ve lost a loved one due to someone else’s negligence, call our experienced Arkansas wrongful death attorneys today for a free consultation. We’re ready to hear your story and handle your case with the dignity and respect your loved one deserves. You’ve been through enough already. Let us help you take the first step in moving forward.

About Arkansas Wrongful Death Cases

by Richard Atkinson | November 3rd, 2016

A wrongful death is when one person dies due to another party’s negligence. Wrongful death could occur in auto accidents, medical malpractice, defective products or slip and fall accidents. A wrongful death attorney helps the family of the deceased recover compensation.

In Arkansas, even if a criminal case is underway, a wrongful death claim can still be filed. A criminal case is one brought by the state and the guilty party is penalized by jail, prison time or probation. A wrongful death claim is a civil law case between the estate of the deceased and the defendant. In a wrongful death claim, a guilty party is penalized solely through compensation to the estate of the deceased.

Who can file a wrongful death case in Arkansas?

In Arkansas wrongful death cases, two groups can bring the claim to court: the deceased person’s personal representative or the heirs-at-law.

If the deceased appointed a personal representative, this person must bring the claim to court. However, if the deceased person had no personal representative, the claim must be filed by the deceased person’s heirs-at-law. Heirs-at-law refers to the deceased’s closest relatives under Arkansas intestate succession laws.

Damages in Arkansas Wrongful Death Claims

Damages in Arkansas wrongful death claims are divided into two categories: the estate claim and the family claim.

The estate claim seeks compensation for losses the deceased person suffered. The family claim seeks compensation for losses the family members have and will suffer as a result of losing the deceased.

Common damages paid in an estate claim:

  • Funeral and burial costs
  • Medical bills
  • Pain and suffering
  • Loss of the value of the deceased person’s remaining life

Common damages paid in a family claim:

  • Loss of financial support of the deceased person
  • Loss of household services
  • Loss of care, comfort, guidance

Arkansas Wrongful Death Attorney

Making the connection between a wrongful death and the negligent conduct of another can sometimes be very straightforward, like in an auto accident. Other times, it can require extensive investigation and research. If you have questions or if a family member has died due to the negligence of someone else, contact the wrongful death attorneys at Rainwater, Holt & Sexton.

When should I hire a wrongful death attorney?

by Richard Atkinson | October 10th, 2016

Losing a loved one is one of life’s most difficult experiences. When the loss of life is due to the negligence or actions of a third party, it’s called a wrongful death. Every year, thousands of deaths are caused unnecessarily due to the recklessness of others. A wrongful death attorney can help your family heal and move on by ensuring that the person or party at fault is found guilty in court and by giving your family a chance of recovering compensation for medical bills, funeral costs and the loss of financial support.

Situations of Wrongful Death

Common incidences of wrongful death include motor vehicle accidents, medical malpractice, defective products and defective drugs, although any situation in which a third party causes someone else’s death is considered a wrongful death. While these are some of the most common wrongful death situations, this list is just the tip of the iceberg – there are many more incidences that cause unjust deaths every year.

  • Motor Vehicle Deaths: In 2014, there were 32,675 motor vehicle deaths in the U.S., and every day 27 people die in drunk driving related accidents.
  • Medical Errors: Deaths from medical errors are the third most common type of death in the US – right behind heart disease and cancer – making up 10 percent of all deaths in the U.S. annually. Situations of medical malpractice include misdiagnosis, fail to diagnose, surgery errors and treatment errors.
  • Defective products: Defective products are linked to immeasurable deaths in the U.S. every year. Recent controversies include Takata’s deadly airbags, G.M.’s faulty ignition switch and cheap lithium batteries causing hoverboards and other devices to blow up.
  • Defective drugs: Pharmaceutical companies often release drugs before fully understanding long-term side effects or harmful interactions. Wrongful deaths are caused by failing to warn users of deadly side effects or deadly interactions between two types of drugs.

If you have lost a loved one due to the negligence of someone else, you should hire a wrongful death attorney. A wrongful death lawsuit is filed in civil court between the family of the victim and the person or party responsible for the victim’s death, and a wrongful death attorney will ensure that those at fault are found guilty and your family is compensated. Contact an experienced wrongful death attorney to find out more about your legal options.

Arkansas Wrongful Death Lawsuit Alleges Medical Negligence

by Keith Adkins | December 14th, 2015

When we place our loved ones into the care of medical professionals, we expect them to receive treatment that meets industry standards. However, that’s not always the case. Sometimes doctors, nurses, and medical staff make fatal errors or simply don’t provide care at all. The Arkansas wrongful death lawyers at Rainwater, Holt & Sexton explain that when this occurs, the family of the victim may have a right to seek compensation through civil litigation.

For instance, a man has filed an Arkansas wrongful death lawsuit against the company who was in charge of his brother’s medical care at the time of his death. The lawsuit accuses the company of causing the victim’s injuries through negligence, as well as wrongful death.

According to an article from KSFM 5 News, the body of the 57-year-old victim was discovered in a wooded area in Cedarville in February. An investigation determined the victim had died as a result of exposure and infection caused by bedsores.

The man who was hired to care for the victim stated he had left with another individual, but law enforcement determined that to be false. Instead, warrants show the caregiver had failed to provide the victim with adequate medical care and was negligent in failing to call for medical assistance when his patient’s health began to deteriorate.

The caregiver is also facing criminal charges in the matter.

The legal staff at Rainwater, Holt & Sexton understands how difficult the loss of a loved one can be and our Little Rock personal injury lawyers are hopeful resolution of this matter will bring closure to the family of the victim.

Arkansas Wrongful Death Lawsuit Filed Following Fatal Confrontation

by Keith Adkins | November 16th, 2015

When a person is killed as a result of another party’s negligence, the family of the victim may have a right to seek compensation from those responsible for the loss of their loved one. The Arkansas wrongful death lawyers at Rainwater, Holt & Sexton point out the family of a Texarkana man have taken such legal action against the three individuals who allegedly caused the victims death.

The three defendants are accused of handcuffing and beating the 28-year-old victim and another man during an incident that occurred in January 2014. The victim survived the attack, but died shortly after due to complications stemming from jaw surgery.

The family of the man who died claims the three men who assaulted their loved are directly responsible for his death. The defendants argue the victim died as a result of a drug overdose and that their actions are not at fault for the family’s loss.

According to an article from KATV 7 News, the case is scheduled to be heard before a judge in January of next year.

Overcoming the loss of a loved one can be a difficult undertaking. That’s why the Little Rock personal injury attorneys at Rainwater, Holt & Sexton are hopeful a ruling or settlement being reached in this particular case will bring a sense of peace and closure to each of those individuals who were affected by the untimely loss of the victim.

Arkansas Wrongful Death Lawsuit Moves Forward in Court

by Keith Adkins | September 28th, 2015

When you send a loved ones to live in a nursing home, you expect them to receive quality care. Unfortunately, this isn’t always the case. Statistics show as many as 1-in-3 elderly nursing home residents will become victims of nursing home abuse or neglect this year.

Many victims of abuse do not survive, and it’s important for the families of these individuals to know that legal options are available. If your loved one died as the result of negligence, you may be able to file an Arkansas wrongful death lawsuit seeking compensation for your loss. In fact, one such case is currently making its way through the state’s legal system.

According to the Times Record, a male patient at Pine Bluff nursing home in Little Rock passed away in 2011 as the result of allegedly negligent care. The nursing home had argued they were immune from such legal action because they are a non-profit organization. A lower court upheld this argument, but on Sept. 16, the Arkansas Court of Appeals overturned the ruling.

Attorneys claimed the nursing home was manipulating financial records to maintain their status as a non-profit organization. A panel of judges agreed, and the case will now move forward.

At Rainwater, Holt & Sexton, we believe in protecting the rights of nursing home residents. Our Little Rock personal injury lawyers are hopeful a decision in the case helps bring a sense of closure to the family of the victim.

Arkansas Wrongful Death Lawsuit Filed After Jail Inmate’s Passing

by Keith Adkins | August 17th, 2015

Law enforcement officershave a responsibility to protect an inmate’s health and safety. The Arkansas wrongful death attorneys at Rainwater, Holt & Sexton explain that a death resulting from negligence may give the family of the victim the right to seek compensation for their loss.

The family of a Carroll County woman who died while in police custody has chosen to pursue such legal action. According to an article from 5 News, the family is seeking punitive and compensatory damages for the death of their loved one on Nov. 11, 2014.

Reports indicate the victim had a history of mental illness and officers had been made aware of the condition. However, the lawsuit alleges that jail employees and medical staff “chose to deliberately disregard those serious medical needs.”

The victim was arrested in July 2014 for failing to appear for a mental health evaluation stemming from previous charges. She was placed into general population, but was moved to a holding cell several months later due to health complications. On Nov. 10, staff noticed the victim was motionless and unresponsive, yet the continued to take no action other than to observe the inmate. Medical staff eventually examined the inmate and recommended she be hospitalized and seen by a doctor. But again, no action was taken and the inmate died a short time later.

The lawsuitfiled by the familystates the treatment the victim received constitutes cruel and unusual punishment.

At Rainwater, Holt & Sexton, we recognize how difficult overcoming the loss of a loved one can be, and our Little Rock personal injury attorneys are hopeful a decision in this case brings closure to the victim’s family.

 

What’s the Statute of Limitations for Arkansas Wrongful Death Claims?

by Keith Adkins | January 12th, 2015

When someone is killed as the result of another person’s negligence, the family of the victim may seek compensation for damages against the party responsible for their loss. But finding the evidence to build a strong case can take time, so victims’ families shouldn’t wait to file Arkansas wrongful death lawsuits.

The legal professionals at Rainwater, Holt & Sexton explain that Arkansas has a statute of limitations—or legal deadline— to file wrongful death claims. In Arkansas, the statute of limitations for wrongful death claims is generally three years from the date of the victim’s death.

There are very few exceptions to this law, so don’t delay getting help if you’ve lost a loved one in an accident. At Rainwater, Holt & Sexton, we have a compassionate and experienced team of Little Rock personal injury attorneys ready to help protect your family’s rights. Give us a call to get a free initial consultation—just dial (800) 767-4815 today.

Wrongful Death Lawsuit Filed on Behalf of Worker Killed At Nuclear Plant

by Keith Adkins | July 8th, 2013

July 8, 2013

An Arkansas Wrongful Death Lawsuit has been filed in connection with a workplace accident that claimed the life of a 24-year-old man earlier this year. The lawsuit alleges that the company that hired the man failed to protect his safety while on the job.

According to an article from Enformable Nuclear News, the fatal incident occurred on March 31, 2013 at a nuclear facility owned by Entergy near Russellville, Arkansas. The company had scheduled time for parts of the facility to be shut down for maintenance. However, several factors prevented the company contracted to conduct the work from doing so.

Entergy then proceeded to find another company to conduct the work, with most saying the job could not be completed in the allotted timeframe.

The company the victim worked for stated they could complete the job, and work began before safety testing was conducted. The victim and his co-workers later cut a piece of railing to allow the equipment to pass, but this undermined the integrity of the structure holding the equipment and it crashed through the floor, striking and killing the victim.

The victim’s family is suing, saying the accident would not have occurred if safety procedures had been in place.

The Arkansas Personal Injury Lawyers with Rainwater, Holt & Sexton hope a decision in the case helps closure to the family of the victim.

Settlement Reached in Arkansas Wrongful Death Lawsuit

by Keith Adkins | March 25th, 2013

March 25, 2013

A settlement has been reached in the Arkansas Wrongful Death Lawsuit filed on behalf of a 9-year-old boy who was killed two years ago when a soccer goal fell on him. According to a story from KFSM 5 News, the family will receive an award, but more importantly, safety policies regarding playground equipment will also be overhauled as part of the deal.

Court documents show the boy was hanging on the crossbar of the goal when the whole structure tipped forward and fell on top of the boy. He died as a result of injuries sustained in the accident.

His family later filed suit, claiming the state was negligent in failing to properly anchor the goal to the ground. The courts agreed and awarded the boy’s family $1 million. However, the state legislature struck down the award earlier this week, claiming it was too large. A short time later it was announced that the family would receive a $375,000 award and the state would consider changing certain policies on the safe use of playground equipment.

Some of those changes include a review of safety rules and identification of safety improvements.

The Little Rock Personal Injury Attorneys with Rainwater, Holt & Sexton Injury Lawyers recognize how devastating the loss of a loved one can be. That’s why the firm is hopeful the settlement will bring the victim’s family a sense of closure to their loss.

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