Keywords: Arkansas, complaint, wrongful death, single count, types Description: The Arkansas Complaint for Wrongful Death — Single Count is a legal document filed by the surviving family members or representatives of a deceased person to seek compensation for the wrongful death caused by someone else's negligent or intentional actions. This complaint is specific to cases in the state of Arkansas. The complaint entails various sections that outline the details of the case, including the identity of the deceased, the defendant, and a description of the wrongful act or omission that led to the death. It also mentions the specific legal grounds, such as negligence, medical malpractice, or intentional harm, on which the complaint is based. Although there is only a single count mentioned in the title, there can be different types or variations of the Arkansas Complaint for Wrongful Death — SinglCoundependingnONGncircumstanceses FNG the case. These variations may include: 1. Negligence-Based Complaint: This type of complaint is filed when the defendant's failure to exercise reasonable care caused the death of the victim. It may involve situations such as car accidents, workplace accidents, or slip and fall incidents resulting in fatal injuries. 2. Medical Malpractice Complaint: This type of complaint is specific to cases where the wrongful death was caused by medical negligence, such as surgical errors, medication mistakes, or misdiagnosis leading to a fatal outcome. 3. Intentional Harm Complaint: This type of complaint is filed in situations where the defendant intentionally caused the death of the victim, such as in cases of assault, homicide, or manslaughter. Each type of complaint may have some unique elements and required evidence to prove the defendant's liability and the damages suffered by the surviving family members. It is essential to consult with an experienced attorney who specializes in wrongful death cases in Arkansas to ensure that all necessary information and legal requirements are properly addressed in the complaint. Note: The information provided above is for general informational purposes only and should not be considered legal advice.
Arkansas Complaint for Wrongful Death - Single Count
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FAQ
Under the Arkansas Wrongful Death Statute, only the surviving spouse, children, parents, or siblings of the deceased can receive damages for a wrongful death lawsuit. There are also rules that dictate specifically how these damages are divided. Fayetteville, AR wrongful death lawyer Ken Kieklak explains.
General Damages Instead, this amount is based on a variety of factors, including the nature and severity of the injury, the amount of pain you experience, length of recovery, and the disruption of your life. Most of these are fairly subjective, which can make it difficult to arrive at a number.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
General Damages Examples Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one) Mental health problems [e.g., post-traumatic stress disorder (PTSD)]
General damages are financial compensation for your reduced enjoyment of life or the inability to do the activities you could before the accident.
In Canada, save in exceptional circumstances, there is a cap to the amount that an injured person may recover under this category of damage. The cap was established back in 1978 by the Supreme Court of Canada at $100,000. Over the years this value has been adjusted and in 2023 the cap is approximately $400,000.