Losing a loved one can be devastating, but not all of the impacts are felt immediately. The financial ramifications of such a lawsuit can take months or even years to fully materialize, by which point it might simply be too late to do anything about it. For this reason, it is important that you understand all of your options right now, including the possibility of a wrongful death lawsuit.
Unfortunately, lawsuits can be exceptionally complicated and counter-intuitive. Not only do you need to deal with arcane legalese, but you also need to consider the fact that laws can vary dramatically from state to state. To help you get started, here are some of the most important questions that you will need to ask before launching a wrongful death lawsuit in Arkansas:
What is a wrongful death?
Your first order of business is to make sure that you are dealing with a wrongful death. You need to be able to identify a specific individual or group as being responsible for the death. You then need to be able to supply an argument and evidence as to how they actually caused the death of your loved one.
If you are unable to satisfy either of those criteria, then filing a wrongful death lawsuit will be practically impossible.
How much money can you get as a result of a successful wrongful death lawsuit?
When it comes to the amount of money that you stand to win, some states are on your side and some are not. Fortunately for you, Arkansas does not currently have any damage caps, which means that you can ask for as much money as you want. In practice, this really only means that your non-economic damages will be uncapped. Economic damages are almost always uncapped by default.
Economic damages collectively refers to money that you have lost due to the alleged wrongdoing that forms the basis of your lawsuit. Ranging from future lost wages of your loved one to funeral expenditures, there are a number of different costs that you can claim as economic damages. If there is a specific dollar amount that you can substantiate with evidence, then the damage is likely economic.
On the other hand, non-economic damages cover most other things. Your pain and suffering can't really be translated directly into a number of dollars, so they are a non-damage. While some states may limit that number to several hundred thousand dollars, Arkansas allows you to ask for as much as you need. However, the court can change that amount if they feel that you are asking for too much. Contact accident attorneys in your area for more info.