Is a wrongful death claim an option in a construction accident case?
Yes, a wrongful death claim is an option in a construction accident case in Arkansas. In general, wrongful death claims are based on the legal concept of negligence. That is, that the defendant, usually an employer or other responsible party, was negligent in some way that led to the death of the victim. Under Arkansas law, wrongful death cases are governed by the Arkansas Wrongful Death Statute. This statute outlines various rights that the family of the deceased may have, including the right to recover damages for economic losses, mental anguish, loss of consortium, medical and funeral expenses, and punitive damages. Generally speaking, to file a wrongful death claim in Arkansas, the plaintiff must prove that the defendant’s negligence caused the decedent’s death. The plaintiff must also prove that the decedent’s death has caused the plaintiff damage, such as economic losses. Because of these requirements, it is important to work with an experienced attorney in order to ensure that your rights are protected and that you receive just compensation. In the case of a construction accident, the employer and other responsible parties may be liable if their negligence is found to be a substantial factor in causing the death of the victim. It is important to keep in mind that there is a limited amount of time to file a wrongful death claim in Arkansas, so it is essential to act quickly. With the help of an experienced attorney, the family of the victim may be able to receive compensation for their losses.
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