This is a very important question. The answer tends to be a highly personal choice. However, some common reasons may include the following:

1. A belief that serious attention to this problem is required because the victim or surviving family member is truly concerned that someone else will be needlessly hurt if they sit back and fail to sound the alarm about a dangerous medical provider, procedure or process.
2. Perhaps the deceased was the kind of person that would stand up and fight for what is right and the surviving family wants to honor her memory and make sure that every question about her death is given a complete medical and legal answer because that is what she would have done under the circumstances.
3. Maybe the error was so egregious and beyond the pale that the victim or the surviving family members simply could not rest if something were not done to correct it.
4. Sometimes people pursue such cases because of the perceived unfairness for someone to so carelessly cause so much harm without any accountability.
5. Unfortunately, people suffering from medical negligence may be left completely in the dark because the negligent medical care provider will not be up front and communicate about the mistake. Perhaps a cover-up is suspected.
6. Commonly, people pursue such claims because the death cut down a person in their prime earning years and their surviving family was relying on their income and support which is now lost forever due to a medical mistake.

Whatever the motivation, the law does provide accountability for patients needlessly harmed by medical care providers that failed to meet the standard of care required.

In Arkansas, experienced attorneys pursuing wrongful death claims will also be seeking compensation for the value that the deceased placed upon his or her own life.

This is a very specific element of damages and is often difficult to prove without careful consideration of those aspects of a person’s life that can inform such assessments.

Some people may think that it is somehow wrong or that there is no good reason to pursue a wrongful death claim because nothing can be done to bring the person back. However, there certainly are many reasons to pursue a wrongful death claim outside of just seeking monetary compensation, including:

• Holding the person or entity fully accountable – Some people may see it as unfair for the person or entity to act so carelessly and cause so much harm without any sort of accountability. In some cases where death may be egregious, some people may not be able to rest until something is done to at least try to rectify the situation.
• Calling attention to the act before anyone else gets hurt – Some individuals may believe that if they sit back and fail to sound an alarm, someone else might be seriously injured or, worse, also die due to the same dangerous reason.
• Honoring the memory of the deceased – Sometimes the surviving relatives may want to make sure that every question about the death is answered to the best of their ability, especially when the person or entity is not being upfront about the mistake that was made. This is done because they believe it brings honor to their memory and helps them truly understand why it is they passed away.
• Surviving family was dependent on the deceased’s earnings – The death may have cut down a person who was in their prime earning years. In many cases, the person may have dependents that were relying on that income and support which is now lost forever due to their untimely death.

When a person is killed by the negligence of another, his or her heirs will have to pursue the claim on behalf of the estate of the person killed.

The pursuit of a wrongful death claim requires specific adherence to Arkansas probate law. Often, individuals have attempted to resolve this type of claim on their own only to see the case dismissed due to technical and procedural requirements that must be met.

Additionally, even those working hard to obtain a settlement of their wrongful death claims will have to seek and obtain court approval for disbursements to heirs.