Losing a loved one because of a preventable accident, or any preventable circumstance, is indescribably devastating. We know wrongful deaths by their tragic outcomes, which usually include shock, grief, unanswered questions, financial uncertainty, and a void that one cannot understand until they face it.
If another person, business, or organization caused your loved one’s death through negligence or wrongful conduct, LeVar Law Injury & Accident Lawyers is here to help. Our firm knows the funeral costs, lost income, increased household responsibilities, and insurance issues you probably face. Yet, it’s the unacceptable loss of someone you loved that cannot be justified, and what most motivates us to do this job.
LeVar Law Injury & Accident Lawyers has handled fatal accident cases in the region for more than a decade. For a free consultation with our wrongful death lawyer in Fort Smith,contact our law firm today.
Seeking Justice After the Unexpected Loss of a Loved One in Fort Smith
Let’s be clear: No lawsuit can replace a family member. Yet, a wrongful death claim serves a critical purpose. With cases like yours, we demand accountability from the party (or parties) responsible for your loved one’s death. At the same time, holding parties accountable benefits surviving family members facing the financial and non-economic consequences of a preventable death.
The economic and non-economic effects of your loved one’s passing may include:
- Funeral and burial expenses
- Lost household income and financial support
- Loss of services the deceased provided
- Concerns about the future financial needs of children
- Insurance and estate-related responsibilities
- The emotional effects of losing a spouse, parent, child, or other close family member
Lawyers Can Handle Communication with Insurers During a Vulnerable Time
Facing such heavy challenges and losses, survivors may hear from an insurance company soon after their loved one’s passing. An adjuster could request a recorded statement, ask for documents, or present an early settlement offer before the long-term effects of the loss are fully understood. A wrongful death lawyer near you can take much of that immediate pressure off your family.
Instead of managing repeated calls and complicated insurance questions yourself, you can have a legal team communicate with insurers and protect the claim. An attorney from our team may also:
- Secure relevant evidence and documentation
- Interview witnesses
- Review available insurance policies
- Identify all potentially responsible parties
- Calculate current and future losses (which often sees us collaborating with qualified experts in their fields)
- Negotiate with insurance companies
- Prepare the case for trial should we need to
Understanding Arkansas Wrongful Death Law and Eligibility
Arkansas wrongful death claims are primarily governed by Arkansas Code § 16-62-102. The statute generally allows a claim when a person dies because of a wrongful act, neglect, or default that would have allowed that individual to pursue damages if death had not occurred.
Essential Elements of a Wrongful Death Claim
A wrongful death case may therefore require evidence demonstrating:
- Another person or entity owed the deceased a legal duty
- That party acted negligently or wrongfully
- The wrongful conduct caused the fatal injury
- The death resulted in legally recognized losses
Who Can File a Wrongful Death Lawsuit in Arkansas?
Arkansas law also establishes who can bring the action. The deceased person’s personal representative generally files a wrongful death lawsuit. If there is no personal representative, the action may be brought by the heirs at law, which could include:
- A surviving spouse
- Children
- Parents
- Brothers and sisters
- Certain individuals who stood in loco parentis to the deceased
- Certain individuals to whom the deceased stood in loco parentis
How Long Do I Have to File a Wrongful Death Lawsuit in Arkansas?
The statute generally requires that a wrongful death action be commenced within three years after the death, although exceptions can apply. Families should not assume that the same deadline applies in every situation, but should also not waste time in speaking with a Fort Smith wrongful death lawyer from our team.
Common Causes of Fatal Accidents Across Sebastian County
A fatal accident claim in Fort Smith, AR can arise from many forms of negligence. The product of negligence can include:
- Car accidents
- Commercial truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Dangerous property conditions
- Worksite incidents
- Defective products
These incidents and hazards can result in wrongful death cases filed in the Sebastian County Circuit Court (Fort Smith Courthouse). The goal of such cases is not simply to determine that an accident occurred, but to show why it happened, who is legally responsible, and how the death has affected surviving family members.
Compensation Available to Surviving Family Members
Every wrongful death case is different, and no attorney can guarantee a particular financial result. That said, the loss of someone’s life is immense, and wrongful death cases tend to reflect that.
While we mentioned some damages common in wrongful death cases, here are some losses that may warrant Arkansas wrongful death compensation:
- Financial or pecuniary injuries resulting from the death
- Lost financial support
- Loss of services provided by the deceased
- A surviving spouse’s loss of companionship
- Mental anguish suffered by eligible beneficiaries
Arkansas’s wrongful death statute expressly provides that mental anguish includes the grief normally associated with losing a loved one.
The Lasting Effects on a Household After Someone’s Death
Financial losses can also extend far beyond the expenses incurred immediately after an accident. When a parent, spouse, or other provider dies unexpectedly, a household may lose years of income and services.
For example, a family’s losses could involve:
- Wages the deceased would likely have earned
- Employment benefits
- Household services
- Childcare and caregiving
- Financial contributions to dependents
- Other long-term economic support
An attorney from our team can gather employment, tax, financial, medical, and family records to document those losses. Depending on the circumstances, additional analysis may be needed to estimate the value of future financial contributions.
Our Law Firm Takes Your Family’s Loss Personally and Will Fight for You
Families dealing with a tragic wrongful death deserve more than occasional updates from a large, unfamiliar legal team. You should know exactly who is working on your case. You should have easy access and support that you can lean on.
We Give Your Case the Attention It Deserves
LeVar Law Injury & Accident Lawyers maintains limited caseloads with an emphasis on individual attention. We assign two attorneys and a dedicated case manager to each case, with Alan LeVar serving as one of the attorneys.
We Focus on the Details So You Can Focus on Mourning and Moving Forward
That team can handle important parts of the wrongful death claim, including:
- Communications with insurance companies
- Evidence preservation and investigation
- Insurance coverage reviews
- Identification of responsible parties
- Documentation of financial and personal losses
- Settlement negotiations
- Preparation for litigation
We Prepare Every Case with the Intention of Going to Trial
Our approach is not built around accepting the quickest available settlement. We prepare our wrongful death cases for the possibility of trial. We are willing to litigate when that is the best approach for our client.
We Offer Legal Services in Spanish
We can help if your household speaks Spanish or you have members of your family who speak Spanish and need to be kept in the loop. It’s our way of serving the Spanish-speaking community in Sebastian County and throughout the state of Arkansas.
Free Consultations and Representation on a Contingency Fee Basis
Cost should not prevent a grieving family from learning about its rights. LeVar Law Injury & Accident Lawyers provides free initial consultations and handles qualifying wrongful death and injury cases on a contingency-fee basis. Families do not pay an attorney’s fee unless the firm obtains compensation for them.
Contact a Fort Smith Wrongful Death Attorney Near You
If you lost a spouse, parent, child, or other loved one because of someone else’s negligence, speak with a Fort Smith wrongful death attorney about your family’s options. LeVar Law Injury & Accident Lawyers is here to help. To request a free consultation, contact our Arkansas law firm today.
Frequently Asked Questions About Wrongful Death Lawsuits
Below are some common questions about wrongful death lawsuits we’ve received from past clients over the years.
Arkansas law generally provides that the deceased person’s personal representative brings the wrongful death action. If there is no personal representative, the heirs at law may bring it. Statutory beneficiaries can include a surviving spouse, children, parents, siblings, and certain individuals with an in loco parentis relationship.
Arkansas’s wrongful death statute generally requires an action to be commenced within three years after the person’s death, although exceptions may apply. Families should consider seeking legal advice well before that deadline, as taking action sooner can strengthen their case.
Depending on the circumstances, recoverable damages may include pecuniary injuries, loss of financial support, loss of services, a surviving spouse’s loss of companionship, and mental anguish suffered by qualifying beneficiaries.
The location of a fatal accident does not prevent a family from pursuing a wrongful death claim when negligence caused the fatal accident. Serious roadway collisions may, however, require extensive investigation and involve multiple liable parties. These cases can be complicated, to be sure, but our team thrives on resolving complicated cases.