If someone you love has died as a result of someone else’s negligence or wrongdoing, you may be considering a wrongful death lawsuit. Each state has its own wrongful death laws, so it is important that you speak with an experienced Arkansas wrongful death attorney to find out if you have a good case and what to expect. In Arkansas, there are actually two types of claims which may be appropriate after the death of a loved one. Wrongful death compensates loved ones for the losses they have suffered as a result of the death. A survival action pays the estate for the deceased person’s losses.
Arkansas Wrongful Death Beneficiaries
In Arkansas, wrongful death beneficiaries can include:
- Surviving spouse
- Persons standing in loco parentis to the deceased
- Persons to whom the deceased stood in loco parentis, whether a minor child or adult
In loco parentis is a Latin term that translates to “in the place of a parent”. This can apply to a stepparent, but not all stepparent/stepchild relationships qualify. A person standing in loco parentis does not necessarily have to have a relationship with the other parent. It is purely based on whether that person embraced the rights, duties and responsibilities of a parent.
Wrongful death beneficiaries can receive compensation for:
- The financial support they would have received from the deceased
- Mental anguish, including grief
- Loss of services, such as childcare and home maintenance
- Loss of companionship
Survival Action for the Estate
Through an estate action, the estate can recover compensation for:
- Funeral expenses
- Medical expenses incurred from of injury to time of death
- Lost income from time of injury to time of death
- Future lost income of the deceased
- Pain and suffering from time of injury to time of death
The survival action takes the place of the personal injury claim the deceased would have had if they had not died from their injuries.
If someone you love has died as a result of negligence, wrongdoing or a defective product, Milligan Law Offices can help. Please, call us at 479-783-2213 today or contact us online to learn more. Your initial consultation is free, and we only get paid if we win compensation for you.