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

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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.”

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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?

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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.

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NWA AUTO ACCIDENT ATTORNEY – We win when our clients are satisfied!

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A young lawyer once told me that practicing law is a “numbers game”. He meant, of course, that the more cases a firm takes the more likely it is that one will pay off. That may be how some firms do it; put up billboards and sign up as many cases as possible and maybe some will pay off! Some do, but are all of the cases getting the attention each deserves?

That is NOT how Elaine and I do it, nor will it ever be. This year will be our twenty-fifth year of serving individuals and families who have suffered some loss or injury as a result of the negligence of others. If our case load will not allow us to give a new case the attention it deserves, we will decline the case. Always have, always will.

25_Years-300x232[1]The reason is simple. We measure success by how much we are able to help our clients not by how much money we make. When client satisfaction is our number one priority, we will not allow ourselves to take on more cases than we can handle.

Experience is invaluable in the practice of law. We know from experience what resources a particular type of case will require in terms of our time. Wrongful death and catastrophic injury cases often demand far more of our attention than accidents with minor injuries.

Whatever the type of case, we want each family or individual who we serve, to feel confident that we are devoting the attention to their case that it deserves. Most of our clients are referred to us by former clients and whenever that happens we know that we are practicing law the right way.

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THE BEST PERSONAL INJURY LAWYER IN ROGERS, SPRINGDALE OR FAYETTEVILLE – may be in Bentonville!

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When looking for the right attorney, sometimes I think folks are too quick to just look at the lawyers in the town in which they live. The fact is, most personal injury or wrongful death claims that arise from an auto accident or truck accident, should the claim not be settled out of court, are going to be litigated in Arkansas and any attorney licensed in this state can practice in any State court in this state. (Most can also practice in U. S. District Court, if the case involves parties from different states.)

Finding the right law firm can be the single most important decision a family can make following a wreck.  Inexperience and/or disorganization can spell disaster for a claim. If important matters are relegated to new attorneys, law clerks, paralegals or secretaries, without proper oversight by an experienced personal injury attorney, the settlement value of the injury claim can be seriously compromised. Moreover, from the initial letter of representation, the insurance company on the other side of the case begins to set its reserves (or determine its valuation) on the claim and, make no mistake, the insurance company knows if the case is actually being handled by the “staff” or by the lawyer.  Thus, bigger may not equate to better, when it comes to the right law firm for a case.

The communities of Northwest Arkansas have expanded along the I-49 corridor such that, in many respects, it is now a single metropolitan area. Aside from the initial attorney-client conference, which in the case of our firm can occur wherever the clients would prefer to meet, rarely are families required to actually travel to the location of the law firm. As most routine matters can now be handled by email, these days choosing a law firm simply because it is located down the street, makes much less sense than it did in years past.

The bottom line is that when an accident occurs, and certainly if there is a serious injury or death involved, a family should take the time to really look around, even beyond their immediate community, and choose an attorney who they believe has the experience to handle the case, is genuinely respected in the community, hard-working, honest and fair. The home team may not always be the best team for the job.

Please click HERE to learn more about our firm.

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, Gentry, Gravette, Centerton, Gravette, Decatur, Mena, Elm Springs, Cave Springs, Alma …and everywhere in between.

Original graphic artwork by Ari Mulkey.

TOP RATED NORTHWEST ARKANSAS CAR ACCIDENT ATTORNEY – Gives out his cell phone number!

A recent conversation I had with a fellow attorney went something like this:

Fellow attorney:   You give out your personal cell phone number to your clients?

Me:   Yes.

Fellow attorney:   Are you kidding?

Me:   No. It’s the only number on my business card and it’s on my website:

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Fellow attorney:   Why? Don’t you worry your clients will call you …like  in the evening?

Me:   No, not at all. If they need to speak to me, I want them to be able to reach me.

Fellow attorney:  I’ll talk to my client when I’m working.

Me:   Clients work too and sometimes have issues that arise after 5:00 p.m. and before 8:00 a.m. If I can, I will take the call. If not, I’ll call them back. I want them to know that I’m available when they need me.

The lawyer remained somewhat incredulous, but the fact is, I became a lawyer in order to help people and people do not just need my help on my time. This is especially the case in the immediate aftermath of a car wreck. A personal injury or wrongful death attorney is useless if he or she is “unavailable.”

A family’s life can be turned upside down even in what initially appears to be a minor car accident: someone is hurt; a two-car family just became one; insurance companies are calling; medical bills are stacking up; the car is impounded at the tow company; the family is losing income; slick solicitation letters from lawyers are suddenly piling up in the mailbox ( …not from me!)

New questions come up every hour: What about a rental car? Which insurance company is responsible? Should I fight this ticket? Should I give the insurance company a statement? How do I get my car fixed? Should my health insurance pay this bill? What happens next?

If, God forbid, the accident involves serious injury or death, the whole world crashes to a stop for the affected family. These issues and questions, while magnified ten-fold, take a back seat to worry, exhaustion and grief. The family needs someone they can entrust with these worries so that they can concentrate on each other.

Saying “we love our clients” means being there for them. That is exactly why I give our clients my cell phone number and always will. 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.

ARKANSAS TRUCK DRIVERS PUT A LOT ON THE LINE!

Unfortunately, truck drivers are the most likely drivers on the road to be involved in an accident where an experienced trucking accident lawyer can make the difference between getting the short end of the stick and a full cup of justice. Moreover, and sadly, it is the family of a truck driver that is the most likely to seek such an attorney to file a wrongful death lawsuit against those responsible for their loved one’s death in an accident involving a semi-truck.

That is because, statistically, driving a truck for a living remains one of the most dangerous jobs in the United States. According to the Bureau of Labor Statistics, fatal transportation incidents accounted for about 2 out of every 5 fatal work injuries in 2013.

Between 3,000 and 4,000 people die each year in large truck and bus crashes. New rules that go into effect Monday aim to reduce those numbers.

Of the 1,740 transportation-related fatal injuries in 2013, nearly 3 out of every 5 (991 cases) were roadway incidents involving motorized land vehicles.

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The Mulkey Law Firm respects safe truck drivers.  We also represent such truck drivers, or their families, when THEY are the victims in a serious trucking accident.  Bruce L. Mulkey is a member of the Association of Plaintiff Interstate Trucking Lawyers of America. Call us for a 100% free, no-obligation, evaluation of your personal injury or wrongful death claim. Available seven days a week …even evenings and weekends. 479-936-4384

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Death and Accountability in Arkansas – “Wrongful Death” and where to start

In Arkansas, when a person dies as a result of another’s negligent, reckless or intentional conduct, our law allows that person’s court appointed Personal Representative (Administrator) to hire a lawyer and a court can hold the responsible person or company causing the death accountable.  Under the Arkansas Wrongful Death Act, the Personal Representative can recover money for the estate and for others depending on their relationship to the person who lost his or her life.

On behalf of the estate, the Personal Representative can recover compensation for:

  • medical expenses;
  • the value of lost earnings prior to death;
  • conscious pain and suffering;
  • scars, disfigurement and visible results of injury;
  • the loss of life;
  • funeral expenses; and,
  • property damage.

The Personal Representative can also  seek compensation for the deceased person’s statutory beneficiaries (i.e. spouse, mother, father, sister, brother, children… and certain others described in the statute). Money for these persons can be recovered for:

  • loss of consortium (spouse only);
  • pecuniary loss  (the value of money, goods and services the decedent  would have contributed to the statutory beneficiaries, if he had lived); and,
  • mental anguish.

The first step a family should take in holding the responsible person or company accountable for a loved one’s death is to consult an attorney experienced in handling wrongful death cases.  The attorney will quickly open an estate in the Probate Court so that an Administrator can be appointed.  It is only with the approval of the Court that a law firm can be hired by the Administrator to represent the estate and start the process of seeking justice for the family.

Mulkey Law Firm represents grieving families with compassion and integrity.    We understand the importance of grief and the fact sometimes closure may depend on justice. We also understand that many families, when left with a loss of income, have no choice but to fight for justice. We offer free, no obligation consults by phone or in person.