When a loved one dies due to someone else’s negligence or wrongful conduct, the pain and financial burden can be overwhelming. At Odom Law Firm, our wrongful death attorneys in Fayetteville, AR, understand the profound loss your family is experiencing. We provide compassionate legal representation to help grieving families recover the compensation they deserve. Since 1982, we have focused on personal injury law. Our experienced Fayetteville personal injury attorneys have recovered millions of dollars for families in wrongful death cases throughout Arkansas and nationwide.
Why Choose Odom Law Firm for Your Wrongful Death Case
When your family faces the devastating loss of a loved one, you deserve a law firm that combines experience, resources, and compassion. Since 1982, Odom Law Firm has helped Arkansas families recover millions in wrongful death and catastrophic loss cases. Our attorneys bring deep trial experience and a commitment to seeking justice for every client.
Families choose Odom Law Firm for wrongful death claims because:
- Our results include a $6.75 million settlement for a semi-truck fatal accident.
- $6.58 million settlement for a doctor’s failure to diagnose cancer in multiple patients, resulting in death.
- $4.72 million verdict against a VA pathologist who failed to diagnose cancer.
- $2.5 million settlement for negligent chemotherapy administration causing paralysis and death.
- $1.8 million settlement for a pedestrian struck in a crosswalk.
- Every case receives focused investigation, personalized guidance, and dedicated advocacy through every stage.
- We represent families on a contingency fee basis, so there are no fees unless we recover compensation for your loss.
We are committed to helping families secure compensation and accountability after tragic loss, handling every claim with care and respect.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed on behalf of a deceased person’s estate. The claim is filed when death results from another party’s negligence, recklessness, or intentional misconduct. Under Arkansas law, wrongful death claims allow surviving family members to seek compensation for their losses.
Unlike a personal injury claim, where the injured person files the lawsuit, a wrongful death claim is filed by the deceased person’s executor or administrator. The compensation recovered goes to the estate. It is then distributed according to Arkansas law and the deceased’s will. This legal distinction is important. It recognizes that the family members—not the deceased—are the ones suffering the financial and emotional consequences of the loss.
In Arkansas, the statute of limitations for wrongful death claims is three years from the date of death under Arkansas Code § 16-62-102. However, medical malpractice wrongful death claims are governed by a different statute (Arkansas Code § 16-114-203). These claims have a two-year statute of limitations from the act causing death. This deadline is critical. Waiting too long can result in losing your right to pursue compensation entirely. If you believe your family has a wrongful death claim, contact an attorney promptly to protect your rights.
Common causes of wrongful death in personal injury include:
- Vehicle accidents (cars, trucks, motorcycles)
- Medical malpractice and hospital negligence
- Nursing home abuse and neglect
- Workplace accidents and occupational exposure
- Product liability and defective products
- Pedestrian accidents and hit-and-run incidents
Types of Wrongful Death Cases We Handle
Our attorneys have extensive experience handling wrongful death claims arising from various circumstances:
Motor Vehicle Accidents – Fatal car accidents, truck wrecks, and motorcycle collisions often result in wrongful death claims. Negligent driving causes death in these cases. We investigate the accident thoroughly. We gather evidence and interview witnesses. We hold negligent drivers and their insurance companies accountable.
Medical Malpractice – When healthcare providers fail to diagnose conditions, make surgical errors, or provide negligent treatment resulting in death, families have the right to pursue compensation. Medical malpractice wrongful death cases are complex. They require expert testimony to establish the standard of care and prove negligence. Our attorneys work with medical experts to build strong cases.
Nursing Home Abuse and Neglect – Inadequate care, medication errors, and abuse in nursing homes can lead to fatal outcomes and wrongful death claims. Nursing home residents are among the most vulnerable members of society. Facilities have a duty to provide safe, adequate care. When they fail to do so, families deserve compensation.
Workplace Accidents – Fatal workplace injuries and occupational exposure (such as asbestos-related illnesses) can result in wrongful death claims. These claims may be against employers or third parties. Workplace accidents often involve violations of safety regulations. They may result in both civil claims and workers’ compensation benefits.
Product Liability – Defective or dangerous products that cause fatal injuries may give rise to wrongful death claims. These claims may be against manufacturers and distributors. Product liability cases require an investigation into the design, manufacturing, and warnings associated with the product.
Pedestrian Accidents – When pedestrians are struck by vehicles due to driver negligence, the resulting fatalities can support wrongful death claims. Pedestrians have limited protection in accidents. Drivers have a duty to exercise reasonable care to avoid striking them.
What Compensation Can You Recover in a Wrongful Death Claim?
Arkansas law allows families to recover various types of compensation in wrongful death cases. Understanding what damages are available can help you evaluate your case. It can also help you understand what your family may be entitled to receive.
Recoverable Damages Include:
- Funeral and Burial Expenses – All reasonable costs associated with the funeral, burial, and related services
- Medical Expenses – Healthcare costs incurred before the person’s death, including emergency care, hospitalization, and treatment
- Lost Wages and Earning Capacity – The income the deceased would have earned during their remaining lifetime. This is calculated based on age, health, education, and earning history.
- Loss of Companionship and Consortium – Compensation for the emotional loss and loss of the relationship. This includes the loss of guidance, advice, and emotional support.
- Pain and Suffering – Damages for the deceased’s pain and suffering before death
- Punitive Damages – In cases involving gross negligence or intentional misconduct, punitive damages may be available. These damages punish the wrongdoer and deter similar conduct.
The amount of compensation varies significantly based on factors such as the deceased’s age, earning capacity, health status, and the circumstances of the death. A young professional with high earning potential may have a more valuable claim than an elderly retiree. However, every life has value. Every family deserves compensation for their loss. Our experienced attorneys evaluate all relevant factors to determine the full value of your claim.
How We Help Families Through the Wrongful Death Process
Handling a wrongful death claim while grieving is challenging. Our Fayetteville wrongful death attorneys handle every aspect of your case. This allows you to focus on your family during this difficult time.
We begin with a thorough free consultation to understand your loved one’s death and your family’s needs. During this meeting, we will listen to your story. We answer your questions. We explain your legal options. We investigate the circumstances of the death thoroughly. We gather evidence, interview witnesses, and consult with experts as needed. We handle all communication with insurance companies and opposing counsel. This protects your interests throughout negotiations. We ensure that you are not taken advantage of by insurance adjusters.
If a fair settlement cannot be reached through negotiation, we are prepared to take your case to trial. We advocate for your family before a jury. Our attorneys have extensive trial experience. We are not afraid to litigate when necessary to secure fair compensation. Throughout this process, we provide compassionate support. We keep you informed every step of the way. We understand that no amount of money can replace your loved one. We are committed to securing the compensation your family deserves. We hold the responsible parties accountable.
Frequently Asked Questions About Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Arkansas?
In Arkansas, the statute of limitations for wrongful death claims is three years from the date of death under Arkansas Code § 16-62-102. However, medical malpractice wrongful death claims are governed by Arkansas Code § 16-114-203. These claims have a two-year statute of limitations from the act causing death. This deadline can vary depending on the circumstances and the type of defendant involved. For example, claims against government entities may have different deadlines. It is critical to consult with an attorney promptly. This ensures your claim is filed within the applicable deadline. Missing this deadline will result in losing your right to pursue compensation.
Who can file a wrongful death claim?
A wrongful death claim is filed by the deceased person’s executor or administrator. This is done on behalf of the estate. However, the compensation recovered benefits the surviving family members. This includes spouses, children, and parents. Arkansas law specifies who is entitled to recover damages based on their relationship to the deceased. Generally, spouses and children have priority. Parents and other dependents follow. If the deceased did not have a will or designated executor, the court will appoint an administrator to represent the estate.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the losses suffered by surviving family members. This includes lost companionship, lost earnings, and funeral expenses. A survival action, by contrast, seeks compensation for the pain and suffering the deceased experienced before death. It also seeks medical expenses incurred before death. Both types of claims may be available in a single case. Both can contribute to the total compensation your family receives.
How much is my wrongful death case worth?
The value of a wrongful death case depends on many factors. These include the deceased’s age, earning capacity, health status, and the circumstances of the death. Cases involving young, high-earning individuals typically result in higher settlements. Cases involving elderly individuals or those with limited earning capacity result in lower settlements. However, every case is unique. Factors such as the strength of liability evidence, the defendant’s insurance coverage, and the jury’s likely reaction to your case all play a role. Our attorneys can provide a more specific estimate after evaluating your case.
Do I have to go to trial for a wrongful death case?
Many wrongful death cases are resolved through settlement negotiations without going to trial. However, if the at-fault party’s insurance company refuses to offer fair compensation, we are prepared to take your case to trial. We present your case to a jury. Going to trial allows us to present all evidence. We call witnesses and make arguments directly to a jury. This can result in higher awards than settlement negotiations alone. We will advise you on whether settlement or trial is in your family’s best interest. This is based on the specific circumstances of your case.
What if the at-fault party doesn't have insurance?
If the at-fault party lacks insurance, you may still have options. Depending on your circumstances, you may be able to pursue an underinsured or uninsured motorist claim. This claim is made under your own insurance policy under Arkansas Code §§ 23-89-403 and 23-89-209. This can provide compensation even if the at-fault party has no insurance. You may also pursue a claim directly against the at-fault party’s personal assets. However, this may be less practical if they have limited resources. Our attorneys can evaluate your specific situation. We advise you on the best course of action.
Can I recover punitive damages in a wrongful death case?
Punitive damages are available in wrongful death cases involving gross negligence or intentional misconduct. These damages are designed to punish the wrongdoer and deter similar conduct in the future. However, punitive damages are not available in all cases. They require proof of particularly egregious conduct. This conduct goes beyond simple negligence. For example, a case involving a drunk driver or a healthcare provider who deliberately ignored obvious symptoms might support punitive damages. A case involving ordinary negligence would not.
Contact Odom Law Firm for Your Free Wrongful Death Consultation
Losing a loved one is one of life’s most difficult experiences. When that loss results from someone else’s negligence, you deserve an attorney who will fight for your family’s rights. We help you recover the compensation you deserve.
At Odom Law Firm, we provide compassionate representation to grieving families throughout Arkansas. We work on a contingency basis. You pay no upfront costs. We only recover a fee if we secure compensation for your family. We are available 24/7 for urgent matters. We serve clients throughout Fayetteville, Northwest Arkansas, and beyond.
Our team understands the emotional and financial toll that losing a loved one takes on a family. We are committed to providing not just legal representation. We also provide compassionate support during this difficult time. We handle all aspects of your case. This allows you to focus on grieving and supporting your family. Call 479-442-7575 or contact us online for a free consultation.
