Arkansas Complaint for Wrongful Death - Multiple Counts
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How to fill out Complaint For Wrongful Death - Multiple Counts?
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FAQ
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.
If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
If the claim ends in a settlement or judgment resulting in a financial award, the distribution of the amount can be agreed upon by those entitled to recover or, if no agreement can be reached, a hearing can be held to decide the amount to be allocated to each of the beneficiaries.
Depending on the design of the structured settlement, the early passing of a loved one may mean that the remaining guaranteed payments may continue to the estate of the initial recipient, or to a ?secondary payee? that has been named specifically (like the beneficiary under a life insurance policy or RRSP).
Arkansas allocates the amount that each family member can claim based on their relationship to the deceased. The family member can only claim damages for which they have a personal claim. A spouse, child, or other beneficiary will likely have more entitlement than a sibling or other, less immediate family member.