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Under the Arkansas wrongful death statute, the claim for wrongful death must be brought by the representative of the deceased's estate. If there is no representative, then the claim may be filed by an heir.
Negligent death is another term for wrongful death. Proving the defendant is liable is necessary for a plaintiff to win a wrongful death lawsuit to collect damages. Four elements must be established by the plaintiff to establish negligence played a part in someone's death.
There are many different situations that can turn into wrongful death claims, such as car accidents, motorcycle accidents, truck accidents, boating accidents, aviation accidents, drowning, product liability, premises liability, assault & battery, medical malpractice, workplace accidents, accidental poisoning and more.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
Although every wrongful death case is different, the average settlement can range from $500,000 to around $1 million. Some cases can end up with smaller or larger settlements. There's no magical average number with wrongful death settlements, but they can be up to $1 million.