What Damages Are Available in an Arkansas Wrongful Death Lawsuit?

Losing a loved one in a fatal accident that leads to a wrongful death lawsuit can impact your life in immeasurable ways you could not have previously imagined. This is a tragic scenario that no family should be forced to endure, yet it is a scenario we see far too often. 

If you have lost a loved one in a fatal accident in Arkansas, you may have grounds to file a wrongful death lawsuit. If you do, you can hire a lawyer at no out-of-pocket cost to your family. An experienced wrongful death lawyer will help you understand the damages your family is entitled to recover in a wrongful death lawsuit, and then you can use this information to make an informed decision about whether to move forward. 

3 Types of Damages in Arkansas Wrongful Death Lawsuits 

Broadly speaking, damages in Arkansas wrongful death lawsuits fall into three categories. Depending on the circumstances of your family’s case, an experienced wrongful death lawyer may be able to help you recover some or all of the following: 

1. Special Damages

Special damages provide compensation for the financial losses your family endures as a result of your loved one’s untimely death. This includes financial losses in the immediate aftermath of your loved one’s death as well as financial losses that your family will incur in the future. Some common examples of special damages in an Arkansas wrongful death lawsuit include:

• Medical expenses for treatment administered prior to death 
• Funeral expenses
• Burial or cremation expenses 
• Loss of your loved one’s future earnings 
• Loss of your loved one’s future retirement savings and other benefits

If your family has a wrongful death claim, the special damages your family is entitled to recover will depend on a variety of different factors. These include whether your loved one survived for a period following the accident, your loved one’s occupation and income, and your loved one’s years to retirement, among many others. When you hire a lawyer to represent your family, your family’s lawyer will be able to take into account all relevant factors in order to calculate the special damages your family is entitled to recover. 

2. General Damages

General damages provide compensation for the emotional and psychological consequences of losing a loved one unexpectedly in a fatal accident. Here too, this covers consequences in the immediate aftermath of the accident and consequences in the future. Some common examples of general damages in an Arkansas wrongful death lawsuit include:

• Anxiety 
• Emotional suffering
• Forced lifestyle changes
• Loss of companionship and consortium
• Post-traumatic stress

While some states cap general damages in wrongful death cases, Arkansas does not. Awards for general damages can be substantial (though there are no guarantees), and your family’s lawyer will be able to assist with both documenting your family’s non-financial losses and determining what constitutes “just” compensation for these losses under the circumstances at hand.

3. Punitive Damages 

In some cases, grieving families in Arkansas can seek to recover punitive damages as well. 

While special and general damages are intended to compensate for the sudden and unexpected loss of a loved one, punitive damages are intended to punish bad actors and deter similar mistakes in the future. Specifically, Arkansas law allows grieving families to seek punitive damages in two main circumstances:

• The at-fault party “knew or ought to have known . . . that his or her conduct would naturally and probably result in injury or damage and that he or she continued the conduct with malice or in reckless disregard of the consequences;” or, 
• The at-fault party “intentionally pursued a course of conduct for the purpose of causing injury or damage.”

This means that violent crimes, drinking and driving, and other forms of intentional and reckless conduct can justify claims for punitive damages in wrongful death cases in Arkansas. Here too, an experienced wrongful death lawyer will be able to assess your family’s legal rights; and, if your family is entitled to recover punitive damages, your family’s lawyer will be able to fight to recover these damages as part of a wrongful death lawsuit. 

Discuss Your Family’s Legal Rights with a Rogers, AR Wrongful Death Lawyer for FREE 

Losing a loved one is devastating, and no legal action can truly make up for your family’s loss. Still, pursuing a wrongful death lawsuit can provide a sense of justice and help relieve the financial burdens that come with funeral costs, medical bills, and the loss of future income. By holding the responsible party accountable, you also protect other families from facing the same tragedy.

At Oliver Law Firm, we understand how difficult this time is, and we are ready to stand beside you every step of the way. Our team has extensive experience handling wrongful death lawsuits in Arkansas, and we will fight tirelessly to secure the maximum compensation your family deserves.
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Contact Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and across the United States from our office in Rogers, AR.