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Arkansas Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arkansas on
Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony

In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was... View More

James L. Arrasmith
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answered on Jan 23, 2024

There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:

1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that...
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1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Wrongful Death for Arkansas on
Q: Can neighbor shoot my bird dog that got out of pen followed him and his dog home for chasing his chickens

He claimed he shot at my dog for having 3 chickens cornered then the dog ran approx. 80 yard away from chickens he pursued my dog and shot it at point blank in the Bach of the neck below skull with 9 mm he knew it was my dog is this justified

Michael Darren O'Quinn
Michael Darren O'Quinn
answered on Feb 3, 2021

It depends.

A pet owner may sue a person who purposefully hurt or killed his animal under different legal theories, including conversion, trespass to chattel (an old-school legal term for destroying or interfering with someone else's property), or intentional infliction of emotional...
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2 Answers | Asked in Criminal Law, Personal Injury, Car Accidents and Wrongful Death for Arkansas on
Q: My brother was killed and they found the other driver at fault. The driver had no DL or insur - can they go to jail

What can our family do legally? The person said they didn't see him on his loud Harley, yet hit him on the passenger front side while making a left turn. This was in Arkansas where he lived with his wife and son.

Paul Gerard Pfeifer
Paul Gerard Pfeifer
answered on Jul 3, 2019

I would recommend you contact an Arkansas injury lawyer to discuss whether anything can be done in a civil claim. Regarding whether there is criminal liability for what occurred, I would need more information and also direct you to the prosecuting attorney in the County where the wreck occurred.

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2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

no room

James E Hensley Jr
James E Hensley Jr
answered on Oct 5, 2018

Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

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1 Answer | Asked in Wrongful Death for Arkansas on
Q: My brother was 32 died in Arkansas State prison from k2 is the prison liable for his death in a wrongful death suit.

Occurred in August of 2017 Marrietta Arkansas.

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

Unlikely as they search for drugs and if he evaded I don't see a claim. You can always check with the Ark. Civil Liberties Union prison rights section.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Arkansas on
Q: If someone’s dog kills your dog can you take that dog to the pound
Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

No, you must call the dog warden or police--depends on your state and township as to how dog cases are handled.

1 Answer | Asked in Wrongful Death and Criminal Law for Arkansas on
Q: What happens when someone with a crimnal background puts a loaded gun to your head and forces you to commit a crime
Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

You have a technical defense of duress, but it's extremely difficult to prove and most juries unlikely to buy it. You need to consult an attorney who handles criminal issues.

1 Answer | Asked in Wrongful Death for Arkansas on
Q: My brother died as a result of medical malpractice. His wife filed a lawsuit. How can I be added to the lawsuit?

All of my other siblings have been included except me and my brother. How would I go about making sure we receive our portion of the settlement?

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

Contact the attorney for the estate and be sure that you and your brother are listed. Ask why you were not. If you don't get a straight answer contact a member of the Ark. Assn for Justice to find one in your area--they give free consults.

1 Answer | Asked in Estate Planning and Wrongful Death for Arkansas on
Q: I'm a heir to a wrongful death claim and I didn't sign my waiver and consent form. What happens next?
Peter N. Munsing
Peter N. Munsing
answered on Sep 8, 2016

You should consult an attorney if you aren't being represented by one. Look for a member of the Arkansas Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Wrongful Death for Arkansas on
Q: In wrongful death case, should law firm be awarded a 1/3 contingency fee based on fault drivers required $25K auto insur

Insurance consists of ($25,000 is the amount required by state law minimum) along with deceased's own $25,000 under-insured motorist auto policy, resulting in law firm's award of $16,666.50 from the two policies totaling $50,000.00?

(The fault driver was ticketed for improper... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 20, 2015

If the law firm received a contingent fee, that fee would have to have been agreed by the widow and children in advance. Were they all over the age of majority when they signed the agreement? I would question the law firm's taking their fee from the $50 K settlement; they should have known... View More

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