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Fort Smith Wrongful Death Attorneys

If your loved one was killed because of someone else’s negligence, contact the Forth Smith wrongful death lawyers at McCutchen & Sexton – The Law Firm. Losing a family member is never easy, but the grieving process can be even more difficult when the loss of your loved one is the result of someone else’s negligence. To make matters worse, you may be left to deal with the financial burden associated with medical bills, funeral costs, and other expenses. Whether the death of your loved one was occurred intentionally or by accident, you may be entitled to financial compensation.

A wrongful death claim is a remedy that estimates the financial loss that the family will experience because of the loss of their loved one. Our attorneys have been assisting clients with personal injury claims across Arkansas for more than 27 years. Our experienced Fort Smith wrongful death lawyers will provide you with exceptional legal representation to help maximize your chances of obtaining a judgment or settlement in your favor. Contact our offices at (479) 783-0036, chat with us live, or fill out a contact form to schedule a consultation with our team today.

Do I Need an Attorney?

Losing a loved one under any circumstances is devastating, but when their death is the result of someone else’s negligence, it can be almost impossible to bear. The thought of filing a lawsuit at this time may feel like too much to handle, but doing so can be the first step to finding closure. That said, wrongful death claims are complicated. Only certain people can file them, and calculating hypothetical damages, such as future lost earnings, can feel like guesswork if you aren’t experienced in this type of law. A wrongful death attorney can handle the legal difficulties for you, ensuring everything goes smoothly, while you focus on grieving for your loved one.

Why Choose McCutchen & Sexton – The Law Firm?

Because wrongful death cases can be so emotionally taxing, you need a compassionate law firm on your side that prioritizes you. McCutchen & Sexton – The Law Firm goes above and beyond the call of duty and upholds a Client Bill of Rights, which outlines our commitment to your comfort, autonomy, and understanding in your case. Our team of wrongful death lawyers have over 25 years of experience helping people just like you. We are highly trusted in the community, with over 80% of our cases coming from referrals. We know how important your wrongful death claim is to you, and we are ready to help you get the compensation and closure you deserve.

What is a Wrongful Death Claim?

If someone did something—or failed to do something—that took the life of your loved one, you may be eligible to pursue a claim against the negligent party in order to pursue compensation for your loss. Wrongful death actions are often associated with the following claims:

  • Car Accidents: The death of a loved one after a car accident allows for wrongful death claims against the insurance carrier of the negligent automobile driver.
  • Motorcycle Accidents: More deaths occur on the road after motorcycle accidents than automobile accidents, as motorcyclists have less protection afforded to them than in a vehicle.
  • Truck Accidents: Wrongful death claims are prevalent in truck accidents because of the sheer nature and size of trucks.
  • Medical Malpractice: Medical professionals that fail to diagnose or misdiagnose life-threatening conditions in patients may be held liable for subsequent deaths.
  • Brain Injuries: Brain injuries may occur in many types of accidents, ranging from automobile accidents to truck accidents.
  • Premise Liability: If a death occurs on the premises of a business or homeowner, the property owner may be held accountable.
  • Defective Products: When a company manufactures or designs a product that causes the death of a loved one, a wrongful death claim may be brought against that company.
  • Oilfield Accidents: Like many other risky jobs, deaths that occur in oilfield accidents may allow a wrongful death claim to be filed.

Wrongful death claims can make for very complicated cases; it will be important for you to have an experienced personal injury attorney at your side.

What Compensation is Available for a Wrongful Death Claim?

Like all personal injury claims, the compensation for a wrongful death claim will depend on a number of circumstances. Wrongful death claims do not compensate the surviving family members for the losses suffered by the deceased person. For instance, the surviving family members are not allowed to recover medical expenses, property damage or lost income of the deceased. However, if the attorney files claim under the victim’s estate, a separate “survival action” may be filed to recover these damages. Typically, family members can seek compensation for:

  • Funeral costs: The party responsible for the death of your loved one will be responsible for compensating you for burial expenses.
  • Loss of earnings: Our attorneys will advocate on your behalf to obtain the amount your family deserves by estimating the duration of the expected lifespan of the deceased family member or the surviving family member.
  • Loss of companionship: The loss of companionship includes compensation for the loss of love, training, advice, and protection for the surviving family members.

There is no reason that you should have to deal with the financial burden of your already tragic loss; our Fort Smith legal team will do everything they can to help you fight for the compensation you and your family deserve.

If too much time goes by after a potential wrongful death claim, facts or evidence may be lost or destroyed, and eyewitnesses may not stick around long enough to provide evidence in a court of law. An experienced Fort Smith wrongful death attorney will bring in investigators and other experts to analyze the accident and document facts before any valuable information is lost. Furthermore, there is a one-year statute of limitations for wrongful death claims in Arkansas, meaning you must file your claim within one year of your loved one’s passing.  It is therefore vital that you contact McCutchen & Sexton – The Law Firm as soon as possible after your loved one’s death.

Wrongful Death Settlements

In many cases, a wrongful death action does not go to trial because parties agree to a settlement beforehand. However, settlement negotiations are not as easy as they may seem. It takes an experienced wrongful death attorney to negotiate the settlement award you may be entitled to. An experienced attorney will use his or her knowledge of the law to advocate on your behalf and highlight the facts, evidence, and negligence of the opposing party in settling your wrongful death claim.

  • Preparation: Your wrongful death claim attorney should prepare and present your case to opposing counsel and highlight the facts, benefits, upsides, and downsides of a settlement.
  • Tactics: Experienced wrongful death attorneys know the best approach for specific cases. Our experienced attorneys will handle your case according to your specific needs.
  • Commitment: Your attorney should be committed to your needs. Your attorney should be responsive to questions that you may have about your wrongful death claim at every step of the process.

At times, pursuing a settlement is in the best interests of the surviving family members. A skilled and experienced wrongful death attorney can assist your family by maximizing the award that may be available. Furthermore, the attorney will work diligently to help end all legal disputes and allow your family to focus on grieving. Our attorneys will assist you in your claim and help obtain the compensation you and your family deserve.

Consult with a Wrongful Death Claim Attorney in Fort Smith

Beyond empathy, compassion, and respect for your loss, you will need a law firm with the tenacity and dedication to successfully pursue your claim. At McCutchen & Sexton – The Law Firm, our Fort Smith wrongful death attorneys have decades of combined experience to go with a proven track record of championing the rights of accident victims and their families in Fort Smith. To discuss the particulars of your case with one of our wrongful death attorneys, please call our Fort Smith offices at (479) 783-0036 or take a moment to fill out one of our contact forms.