THE BEST WRONGFUL DEATH LAWYERS IN ARKANSAS – understand that all lives have value.

The nursing home industry in Arkansas recently attempted to put an issue on the ballot which, if passed, would have changed the Arkansas Constitution and allowed the legislature to set the value of non-economic damages in medical cases at no less than $250,000.00. (Fortunately, our Supreme Court found the initiative, particularly the phrase “non-economic damages” inadequately defined and struck it from the ballot.) Had this actually become law, and had our legislature actually set “non-economic damages” at $250,000.00, then whether it knew it or not, it would have been limiting a jury’s right to set the value of life itself at no more than $250,000.00.

Right now in Arkansas, if someone in your family is taken out of this world through negligent, careless or intentional conduct of another, a jury is given the power to compensate certain family members for grief and loss of financial support, but also, the estate of the decedent is entitled to recover certain things. One of these elements of “damages” is “loss of life.”

Our Supreme Court has explained in case law that a jury must use the evidence presented at trial to determine the value your deceased loved one would have placed on his or her own life. (Think about that for a moment. If you were killed as a result of “wrongful” conduct tomorrow, a jury might be asked to determine the value you placed on your life.)

The best trial lawyers in Arkansas understand that building a wrongful death case for trial, entails learning everything there is to know about the life that was lost — from every available resource. The best case preparation involves spending a great deal of time with family members and close friends of the decedent; going to his or her church; visiting his school or place of work; studying family videos and photographs, and really listening to every story that can be told about the person whose life will be the focus of the trial. (Sort of brings to mind what Atticus Finch told his young daughter in Harper Lee’s amazing book, To Kill a Mockingbird.)

“First of all,” he said, “if you can learn a simple trick, Scout, you’ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view […] until you climb into his skin and walk around in it.”

It is only after such intense, serious and focused personal study, that a good trial lawyer begins to truly understand what evidence best illustrates the value that your love one placed on his or her life.  With this knowledge, a trial strategy can be developed that presents real and substantial evidence so that a jury can be provided genuine facts to look to in making such an important determination.

Fortunately, in Arkansas, juries will retain the power that our Founding Fathers intended and the nursing home industry will not use our constitution (and then its powerful lobby) to convince the legislature to set a very low arbitrary limit on the value of life …at least for now. (Probably a very good thing for everyone who is now, or ever will be, in a nursing home.) It’s also a good thing for every family who has lost a child …born or unborn.

-bruce

Mulkey Law Firm has proudly represented families who have lost loved ones for over twenty-five years. We respect life and believe that all lives have tremendous value. Please click HERE to read our latest client ratings and reviews.

 

 

FIND A TOP-RATED INJURY LAWYER IN ARKANSAS – that will actually talk to you!

When Elaine and I are unable to be at our office, for whatever reason, we transfer incoming calls directly to my cell. We do this because we know that in the immediate aftermath of an accident, no matter how minor or serious, people often need answers and/or guidance …not tomorrow but right now.

Despite my publicizing this fact and making my cell phone available on our website, callers always seem surprised when I actually answer my phone. I suppose that is because in our culture we often equate professional success with how many layers of insulation (secretaries, clerks, assistants, receptionists, paralegals…etc.) the “professionals” put between themselves and the clients. Try to call your doctor lately?

I really think that the attitude is more often in the minds of the “professionals” than the public. I’ve seen young lawyers who coattail into early success build practices in which they  rarely are available to actually talk to their clients, relegating that “unpleasant” aspect of their job to underlings and staff.

This same attitude on the part of some lawyers, results in accident victims, or their families, hiring a “big name” firm after meeting with one of the “big name” partners (who stops by and makes a brief appearance at the initial consultation) only to have their case handed to a young and inexperienced attorney.  Unfortunately, once that contract is signed with the “big name” firm… the accident victim can end up with a “no-name” lawyer.

When your family has suffered and injury or loss as a result of another’s carelessness or intentional conduct, you need to find and speak with a top rated attorney right away. I’m not suggesting hiring an attorney over the phone, but, if nothing else, get some guidance before dealing with insurance adjusters.  And, when you first meet with a lawyer, if you are not 100% comfortable with what you are hearing, seeing and feeling about the lawyer, do not sign a contract in the first meeting. Give it some thought.  Ask what attorney will be handling your case?  If the answer is, “we take a team approach,” ask for the “big name” lawyer’s cell phone number and tell him or her you’ll think about it.

For twenty-five years we have taken great pride in being available and responsive to our clients. We consider that as important as any other aspect of what we do. Don’t believe me?

MY CELL NUMBER IS: 479-936-4384

Please click HERE to see all of my Avvo client reviews.

We proudly represent families all over Arkansas in serious injury and death cases. If you or a family member is involved in a car accident in any of the following locations, we are nearby and ready to help: I-49, Benton County, Washington County, Madison County, Carroll County, Sebastian County, Bella Vista, Bentonville, Rogers, Lowell, Springdale, Fayetteville, Van Buren, Fort Smith, Huntsville, Siloam Springs, Harrison, Green Forest, Eureka Springs, West Fork, Garfield, Centerton, Gravette, Decatur, Mena, Elm Springs, Cave Springs, Alma …and everywhere in between.