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Wrongful Death Overview

A Path to Healing

Losing a loved one can feel like a nightmare scenario, the worst possible outcome. But when their passing is caused by someone else? Getting justice can be a constructive way to begin to heal from that profound loss. 

Compassionate Legal Support for Wrongful Death

If you’re one of our Arkansas neighbors and you believe you may have a wrongful death claim, call our offices as soon as possible. While other firms may have you leave messages with assistants, at Miller & Mallett, you’ll speak to an attorney quickly. We want you to get the best advice possible as soon as possible. 

During your free consultation with a Miller & Mallett wrongful death attorney in Little Rock, we’ll help you decide whether to move forward with a wrongful death claim. We also won’t collect a dime until you get your settlement 
– you have enough to worry about. At this trying time, we’re here for you.

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Wrongful Death Laws in Arkansas

Arkansas law outlines specific rules for who can file, what damages are recoverable, and the time limits involved.

Key points under Arkansas wrongful death law include:

  • Eligible parties: The personal representative of the deceased’s estate must file the claim, though family members may benefit from the recovery.
  • Multiple claims: Arkansas allows both estate and family claims, meaning different types of damages can be pursued in one case.
  • Contributory negligence: If the deceased was partially at fault, it may reduce the amount of compensation available.

Navigating a wrongful death case in Arkansas can be complex, making legal guidance from the Law Offices of Miller & Mallett essential to protecting your family’s rights.

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The Miller & Mallett Approach to Wrongful Death Claims in Little Rock

Wrongful death occurs when an individual dies because of someone else's negligence, recklessness, or intentional misconduct. These tragic incidents can arise from various circumstances, including: 

  • Car accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Shoddy maintenance of infrastructure
  • and more

Wrongful death claims aim to compensate surviving family members for the loss of their loved one, including financial support, companionship, and emotional distress. At the Law Offices of Miller & Mallett, we have decades of experience with these complex and sensitive cases. We help families get justice. 

Since 2018, our team of expert lawyers have been led by Jessica Virden Mallett, offering compassionate legal representation to families who have lost loved ones due to the negligence or wrongful actions of others. We understand the immense pain and suffering that comes with losing a family member, and we are committed to helping our clients hold the responsible parties accountable.

What Do You Need to Prove a Wrongful Death Claim? 

To prove a wrongful death claim, you must show that another party’s negligence or wrongdoing caused someone’s death. At Miller & Mallett, we guide families through this difficult process by building a strong case based on key legal elements. These typically include:

  • Proof that a death occurred
  • Evidence that the death resulted from negligence or misconduct
  • A direct link between the wrongful act and the death
  • Demonstrated damages suffered by surviving family members
  • Legal eligibility to bring the claim

What Damages Can I Recover in a Wrongful Death Case?

In a wrongful death case, the surviving family may be entitled to recover several types of damages to compensate for their emotional, financial, and practical losses. These damages can help ease the burden left by a loved one’s untimely passing. Common recoverable damages include:

  • Loss of life
  • Funeral and burial expenses
  • Medical bills related to the deceased’s final injury or illness
  • Loss of the deceased’s income and financial support
  • Loss of companionship, care, and guidance
  • Pain and suffering experienced by surviving family members
  • Loss of household services provided by the deceased

An experienced attorney at Miller & Mallett can help you pursue the full compensation you deserve based on the unique circumstances of your case.

Our Top Priority Client Satisfaction

My attorney, Nader Afsordeh, truly worked hard to represent me for the best outcome.

My experience in working with the Law Offices of Peter Miller P.A. went well. My attorney, Nader Afsordeh, truly worked hard to represent me for the best outcome. Mr. Afsordeh w...

Gerald Dixon

Me and my wife were very pleased with the outcome of our settlement.

Me and my wife were very pleased with the outcome of our settlement. The office as a whole were very professional over the entire time handling our case. We are going to recomme...

Dewayne Crutchfield

You can rest assured that he does have your best interest in mind when you are working with him.

Nader was my attorney and he did an excellent job. He assessed my case and decided to take it within a few minutes. He insured that I was completely healed and had no long term ...

Tony Orman

I would highly recommend Nader @ Peter Miller to handle your case!!!

Let me start of by saying its been a crazy adventure. Nader was my attorney. The guy is professional. And he keeps you updated. He's honest and straight to the point. The insura...

Gatlin Empire

I will most definitely recommend this law firm to anyone in need of help.

Chase is amazing. He was very easy to get in contact with. There were no problems with my case at all. Everything went smooth in this year. And I was really happy with the overa...

Kashauna Williams

All I had to do was recover. He did the rest.

I was in an accident last April. I contacted the Law Offices of Peter Miller right away. Nader Afsordeh was my assigned attorney. He got started right away working on my case. I...

Candice Johnson

It was my First encounter in a Auto Accident and I had no clue how to approach the situation.

Mr. Zellmer and Mr. Sanders were on my Case. It was my First encounter in a Auto Accident and I had no clue how to approach the situation. I was glad that they were able to guid...

Sosawatha Seng

My case was recently settled and I am very pleased with the results.

I was injured in an accident and hired the Peter Miller firm to handle my case. Nader Afsordeh was my attorney, and he did an awesome job for me. He and his assistant, Linda, bo...

Melissa H.

If I were ever hit again , I would definitely come back!! 10 Starssss!!

Suppper late with a review for this office, but my attorney was Chase! Nervous as heck, didn’t know what to expect, this was my 1st wreck (not by fault 😏) & 1st time ...

Kimberly Reynolds

This was my first experience in working with an attorney, and it went really well.

This was my first experience in working with an attorney, and it went really well. I appreciated the personal approach from Peter and the convenience of being able to contact hi...

Ms. M

It really was Peter Miller to the rescue in my case!

It really was Peter Miller to the rescue in my case! Great experience for me. Everyone was very professional from the beginning to the end stayed in touch with me even through t...

Chris Contarino

Lawyers Who Really Care

I highly recommend the Law Offices of Miller and Mallett to handle any future cases. Their team was spot on in handling everything to get the maximum amount they could get for m...

K. P.

Representation You Can Rely Upon

Our attorney was very pleasant and has all the attributes you would want and need as an attorney. We highly recommend this team for any legal matter. We cannot be more delighted...

S.

Ensuring You’re Informed, Every Step of the Way

A responsible, caring lawyer. She inspired confidence that I was being represented well. Very patient about explaining to me what she was doing and why.

D.

Arkansas’ Best

BEST IN LITTLE ROCK! The Law Offices of Miller & Mallett handled my case with fairness. I would recommend them to others.

C.

Positively Impacting Lives

I was fortunate enough to be represented by the Law Offices of Miller & Mallett in a case that involved a motorcycle accident. I was traumatically injured when a driver coll...

B.
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Compassionate Legal Support

We know the emotional devastation that comes with losing a loved one all too well. That’s why it is so important to us that we provide genuine, comprehensive support to all our clients. Every member of the team is committed to fostering a warm and welcoming atmosphere. Our attorneys handle each case with sensitivity and care, going the extra mile to ensure that families feel supported and informed throughout the legal process.

As award-winning, University of Arkansas at Little Rock-trained attorneys, our team has a deep respect for the intricacy of every case. We work as a team to prepare for court, reviewing evidence from every angle. We have represented numerous families who have lost loved ones due to wrongful death, helping to provide closure for our clients.

Your Story Matters

Every wrongful death case is unique, just as your loved one was a unique and valued person. As your legal representatives, we make sure that you feel heard. When you have questions or need updates, we’re there for you with timely, thoughtful replies. Our wrongful death lawyers in Little Rock provide personalized attention and support, guiding families through the legal process while also advocating fiercely on their behalf.

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Why Choose Miller & Mallett to Handle Your Wrongful Death Case in Little Rock?

In the course of working on your case, our team conducts thorough investigations into the circumstances surrounding this wrongful death, gathering evidence, pursuing settlements, and holding tough negotiations. We do everything in our power to do right by our clients as lawyers and as people. We’re “the Firm With a Smile,” a compassionate, driven group of lawyers led by our values.

While no amount of money can ever replace a lost loved one, financial compensation can help alleviate some of the financial burdens associated with wrongful death. Our attorneys work tirelessly to secure compensation for our clients, including damages for medical expenses, funeral costs, lost income, and pain and suffering. 

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Schedule Your Free Consultation Today

If you have lost a loved one due to wrongful death, don't hesitate to reach out to the Law Offices of Miller & Mallett for help. Schedule a free consultation with our experienced personal injury attorneys in Little Rock to discuss your case and learn more about the options available to you. We're here to provide you with the compassionate support and skilled representation you need to seek justice for your loved one and your family.

Look to the Law Offices of Miller & Mallett for all your personal injury and family law needs.

We help families with:

Visit Our Distinctive Headquarters 

Nestled in the heart of Little Rock, Arkansas' Historic District, the Law Offices of Miller & Mallett proudly reside in a charming four-story Victorian Mansion. Our elegant yet inviting office reflects our firm's ethos: compassionate and supportive with our clients, imposing and steadfast with the insurance companies we face in court. We look forward to welcoming you.

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Wrongful Death FAQs

How long do I have to file a wrongful death claim in Arkansas?

Who can file a wrongful death claim?

Are all states the same when it comes to wrongful death claims?

Are wrongful death damages taxable?

How are wrongful death settlements determined?

What is the process for filing wrongful death claims in Arkansas?

How long do I have to file a wrongful death claim in Arkansas?

In Arkansas, you generally have three years from the date of death to file a wrongful death claim. However, for medical malpractice cases, the deadline is two years. Missing this deadline may prevent you from recovering any compensation, so it’s important to act quickly.

Who can file a wrongful death claim?

Under Arkansas law, the personal representative of the deceased’s estate is typically the one who files the claim. If no representative is appointed, certain family members—such as a spouse, children, or parents—may be allowed to file. However, each individual beneficiary must be on the lawsuit, so it is better to have a representative appointed.

Are all states the same when it comes to wrongful death claims?

No, wrongful death laws vary by state. Each has its own rules about who can file, what damages are allowed, and how long you have to bring a claim. That’s why working with a firm familiar with Arkansas law, like the Law Offices of Miller & Mallett, is essential.

Are wrongful death damages taxable?

In most cases, compensation received from a wrongful death claim is not taxable under federal law. However, certain types of damages—like punitive damages or interest—may be subject to taxes. A qualified tax attorney can help clarify what applies to your case.

How are wrongful death settlements determined?

Settlements are based on factors like medical and funeral costs, lost future income, emotional suffering, the value the deceased would have put on their life, and the relationship between the deceased and survivors. The Law Offices of Miller & Mallett can help assess the full value of your claim and negotiate for fair compensation.

What is the process for filing wrongful death claims in Arkansas?

The process typically begins with appointing a personal representative for the estate, followed by gathering evidence and filing the claim in civil court. Our team can guide you through each step, from investigation to resolution.

Schedule a Consultation Here to Help, Every Step of the Way

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