Under Arkansas’ wrongful death statute, Ark. Code Ann. § 16-62-102(f), a jury (or judge) may award fair and just compensation for injuries such as a spouse’s loss of services and companionship and mental anguish suffered by their surviving beneficiaries. Mental anguish expressly includes the grief normally associated with losing a loved one. Depending on the facts, a death case may also include a separate survival action by the estate under Ark. Code Ann. § 16-62-101 for certain pre-death and estate-related losses.
At Gates Law Firm, PLLC, Little Rock wrongful death attorney Joseph Gates helps grieving families throughout Arkansas pursue full compensation after a preventable loss. This guide explains what damages Arkansas law allows in wrongful death cases, who qualifies as a beneficiary, how the court divides recovery among family members, and what deadlines apply to filing your claim.
If you’ve lost a loved one due to someone else’s negligence, don’t face the legal system alone. Let us help you understand your rights and fight for the compensation your family deserves. Call Gates Law Firm, PLLC today at (501) 779-8091 for a free consultation with a compassionate and experienced personal injury lawyer in Arkansas.
What Does A.C.A. § 16-62-102(f) Say About Wrongful Death Damages?
Arkansas’s wrongful death statute uses broad language to define recoverable damages. Under Ark. Code Ann. § 16-62-102(f)(1), the jury or court may fix damages that provide “fair and just compensation for pecuniary injuries.” This includes a surviving spouse’s loss of services and companionship, as well as mental anguish resulting from the death.
The term “pecuniary injuries” is intentionally broad. It covers financial losses that can be calculated, such as lost wages and medical bills, but it also extends to less tangible losses like the value of household services the deceased provided. Arkansas courts have interpreted this language to allow recovery for both the economic and personal impact of the death on surviving family members.
Subsection (f)(2) further clarifies that when mental anguish is claimed, it “will include grief normally associated with the loss of a loved one.” This means family members do not need to prove a diagnosed psychological condition to recover mental anguish damages. The natural grief that follows losing a spouse, parent, child, or sibling qualifies.
Key Takeaway: A.C.A. § 16-62-102(f) allows recovery for pecuniary injuries, loss of spousal services and companionship, and mental anguish, which includes the grief normally associated with losing a loved one.
What Types of Economic Damages Can Families Recover?
Economic damages represent the measurable financial losses that result from a wrongful death. These are often the foundation of a family’s claim because they can be documented with records and expert testimony.
What Lost Income and Benefits Can Be Recovered?
The most significant economic damage in many wrongful death cases is the income the deceased would have earned over their remaining working life. This calculation typically considers the person’s age, occupation, earning history, health, and expected career trajectory. Benefits such as health insurance, retirement contributions, and bonuses may also factor into this total.
An economist or vocational expert may testify about projected lifetime earnings. Because these calculations involve projections about the future, the amount can vary significantly depending on the evidence presented. In Little Rock, families often work with their attorney to gather employment records, tax returns, and benefit statements to build this portion of the claim.
What Medical and Funeral Expenses Are Covered?
If the deceased received medical treatment between the injury and death, those medical bills may be recoverable as part of the overall case. In Arkansas, these losses are commonly pursued through the estate’s survival action (Ark. Code Ann. § 16-62-101) alongside the wrongful death claim. Because a survival action is brought on behalf of the estate, how any recovery is handled can depend on the estate administration process.
Funeral and burial expenses are generally recoverable in an Arkansas death case. These expenses are often pursued through the estate’s survival action. Families should keep all receipts and invoices for the funeral home, casket, burial plot, headstone, and related arrangements so the costs can be documented.
| Economic Damage Type | What It Covers | How It Is Calculated |
|---|---|---|
| Lost Future Income | Wages, salary, and bonuses the deceased would have earned | Based on earnings history, age, occupation, and expert projections |
| Lost Benefits | Health insurance, retirement contributions, and pension | Value of employer-provided benefits over expected working life |
| Medical Expenses | Treatment received between injury and death | Documented through hospital bills, physician records |
| Funeral and Burial Costs | Funeral home, casket, burial, headstone | Receipts and invoices for reasonable expenses |
| Loss of Household Services | Childcare, home maintenance, cooking, transportation | The estimated value of services the deceased provided |
Key Takeaway: Economic damages in Arkansas wrongful death cases include lost future income, employment benefits, pre-death medical bills, funeral costs, and the value of household services the deceased provided to the family.
Wrongful Death Attorney in Little Rock – Gates Law Firm, PLLC
Joseph Gates, Esq.
Joseph Gates, Esq., is a Little Rock wrongful death and personal injury attorney who founded Gates Law Firm, PLLC in 2020. He earned his Juris Doctor (J.D.) from the University of Arkansas School of Law in Fayetteville in 2010 and has spent over a decade representing injured individuals and grieving families across Arkansas. Joseph serves on the Board of Governors for both the Arkansas Trial Lawyers Association (ATLA) and the American Association for Justice (AAJ), and he is a graduate of AAJ’s Leadership Academy, Class 5.
Joseph is also a member of the American Bar Association, the Attorneys Information Exchange Group (AIEG), and the Pulaski County Bar Association. Fellow attorneys describe him as someone who “absolutely cares about the client and puts the client first.” Joseph is recognized as a Super Lawyers Rising Star. Clients value his compassion, clear communication, and determination to pursue full accountability.
What Non-Economic Damages Are Available in Arkansas?
Non-economic damages compensate for losses that do not have a specific dollar amount attached to them. These damages recognize that losing a family member affects survivors in ways that go beyond finances.
How Is Loss of Companionship Valued?
A.C.A. § 16-62-102(f)(1) specifically identifies a spouse’s loss of services and companionship as a recoverable damage. This covers the emotional support, guidance, affection, and daily partnership that the surviving spouse lost. While the statute mentions spousal loss specifically, Arkansas courts have recognized that other family members, including children and parents, may also recover for the loss of the deceased’s companionship, guidance, and emotional support.
Children who lose a parent may recover from the loss of parental guidance, instruction, training, and nurturing. Parents who lose a child may recover for the loss of that child’s companionship and the emotional bond they shared. The value placed on these losses depends heavily on the specific relationship and the evidence presented about the closeness of the family.
What Does Mental Anguish Include?
Under A.C.A. § 16-62-102(f)(2), mental anguish includes the grief normally associated with losing a loved one. This is a broad standard that does not require proof of a clinical diagnosis. The emotional pain, sorrow, and suffering that naturally follow such a loss are compensable.
However, the amount awarded for mental anguish can vary widely. Factors that may influence the award include the closeness of the relationship between the beneficiary and the deceased, the circumstances of the death, the age of the deceased, and whether the beneficiary witnessed the events leading to the death. Presenting testimony about the relationship and the impact of the loss can strengthen this portion of the claim.
Key Takeaway: Non-economic damages include loss of companionship for spouses, children, and parents, along with mental anguish that encompasses the grief and emotional suffering caused by the death.
Can Families Recover Punitive Damages in Arkansas Wrongful Death Cases?
Punitive damages serve a different purpose than compensatory damages. Rather than compensating the family for their losses, punitive damages are designed to punish the defendant for particularly reckless or intentional conduct and to discourage similar behavior in the future.
Arkansas law may allow punitive damages in a wrongful death case if the plaintiff proves compensatory damages and an aggravating factor under Ark. Code Ann. § 16-55-206, such as malice/reckless disregard or intentional conduct to cause injury.
Arkansas Constitution Article 5, Section 32 contains a workers’ compensation carve-out and then states that, otherwise, ‘no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property. Arkansas Code § 16-55-208 attempted to cap punitive damages at the greater of $250,000 or three times compensatory damages (up to $1,000,000), but the Arkansas Supreme Court held that cap unconstitutional in Bayer CropScience LP v. Schafer (2011).
Who Qualifies as a Beneficiary Under the Wrongful Death Statute?
Under A.C.A. § 16-62-102(d), the beneficiaries of a wrongful death action include several categories of people:
- The surviving spouse, children, father, mother, brothers, and sisters of the deceased
- Persons, regardless of age, who stood in loco parentis to the deceased, meaning they acted as a parent figure, such as a legal guardian or stepparent
- Persons, regardless of age, to whom the deceased stood in loco parentis at any time during the deceased’s life, such as stepchildren or other dependents the deceased raised
The personal representative of the deceased’s estate is the person who files the wrongful death lawsuit. If no personal representative exists, such as when the deceased is a child without an estate, the heirs at law may file the claim. An important protection under subsection (e) is that no part of any wrongful death recovery becomes subject to the debts of the deceased or part of the estate’s assets. This means the damages go directly to the family members.
Under subsection (g), the judge determines each beneficiary’s share of the recovery based on the evidence presented. If the case goes to a jury trial, any beneficiary or party can request that the jury make the apportionment instead.
How Does Arkansas Divide Damages Among Family Members?
Arkansas law treats a wrongful death claim as a single, collective action rather than separate lawsuits for each family member. All beneficiaries share in one recovery. The division of that recovery depends on each beneficiary’s relationship to the deceased and the specific losses they suffered.
Under A.C.A. § 16-62-102(g), the trial judge has the authority to determine each beneficiary’s share based on the evidence. This typically considers factors like the closeness of the relationship, financial dependence on the deceased, and the degree of emotional loss each beneficiary experienced. A surviving spouse who relied on the deceased for income, for example, may receive a larger share than a sibling who lived independently.
When the case goes to trial, any beneficiary or party may request that the jury handle the apportionment rather than the judge. If the case settles, the circuit court with jurisdiction over the wrongful death claim may be asked to approve the compromise settlement and, based on the evidence presented, fix each beneficiary’s share. The court must consider the best interests of all beneficiaries, not just the surviving spouse and next of kin.
Key Takeaway: The court divides wrongful death damages among all eligible beneficiaries based on each person’s relationship to the deceased, financial dependence, and degree of loss. Any beneficiary can request jury apportionment at trial.
How Does Comparative Fault Affect Wrongful Death Damages in Arkansas?
Arkansas follows a modified comparative fault rule under A.C.A. § 16-64-122. This rule applies to wrongful death cases just as it does to personal injury claims. If the deceased was partially at fault for the incident that caused their death, the family’s recovery may be reduced.
Under this rule, the claim can proceed only if the fault attributed to the deceased is less than the fault of the defendant (or defendants). If so, the award is reduced by the percentage of fault attributed to the deceased. For example, if a jury awards $500,000 in damages but finds the deceased was 20% at fault, the family would receive $400,000.
If the deceased’s fault is equal to or greater than the defendant’s fault, the family cannot recover any damages. This makes it critical to gather strong evidence early in the case to counter any attempts by the defense to shift blame. Because insurance companies and defendants often try to assign greater fault to the person who died, working with an attorney who can challenge these arguments is important.
What Is the Deadline to File a Wrongful Death Claim in Arkansas?
Under A.C.A. § 16-62-102(c), every wrongful death action must be commenced within three years after the death of the person alleged to have been wrongfully killed. Missing this deadline typically means losing the right to file the case entirely, regardless of how strong the evidence is.
There are limited exceptions. If the wrongful death case is based on medical malpractice, Arkansas’s Medical Malpractice Act generally requires filing within two years, and it states that accrual is the date of the wrongful act complained of and no other time (with limited statutory exceptions). Arkansas has a general tolling statute for certain disabilities (including minority) under Ark. Code Ann. § 16-56-116, but medical-malpractice and wrongful-death timing issues can be highly fact-specific—so families should speak with counsel promptly.
If the defendant is convicted of capital murder, first-degree murder, or second-degree murder for the death, the wrongful death action may be commenced in the time period permitted to bring the corresponding murder charge under Ark. Code Ann. § 5-1-109(a).
What Is the Difference Between the Family Claim and the Estate Claim?
Arkansas law separates wrongful death damages into two distinct categories. Understanding this distinction helps families identify all available sources of compensation.
What Does the Family Claim Cover?
The family claim compensates surviving family members for the losses they personally suffered because of the death. This includes loss of companionship, loss of parental guidance and training for children, loss of the deceased’s services and support, and mental anguish. These damages belong to the beneficiaries listed under A.C.A. § 16-62-102(d) and are paid directly to them.
What Does the Estate Claim Cover?
The estate’s survival action (Ark. Code Ann. § 16-62-101) addresses claims the deceased could have brought had they lived, such as pre-death medical bills and conscious pain and suffering, and it also allows the estate to recover the decedent’s loss of life as an independent element of damages. A survival action is brought by the executor/administrator on behalf of the estate, and any recovery is handled through estate administration.
Both claims can be pursued simultaneously, and the combined recovery may be significantly larger than either claim alone. An experienced attorney can evaluate which damages apply to your family’s specific situation and ensure no category of compensation is overlooked.
Key Takeaway: Arkansas recognizes both a wrongful death claim for statutory beneficiaries’ losses and a survival action for the estate’s claims. These can be pursued together, but they are legally distinct and are handled differently for distribution purposes.
Speak with an Experienced Little Rock Wrongful Death Lawyer Today
Losing a family member due to another party’s negligence or recklessness brings not only emotional loss, but also serious financial consequences. Families are often left facing medical expenses, funeral costs, and the sudden loss of income they relied upon. While a claim may not be able to bring back your loved one, careful consideration of your legal options during this time is important. Experienced legal guidance can help you move forward with clarity and direction.
Little Rock wrongful death attorney Joseph Gates has over a decade of experience helping families throughout Arkansas pursue the compensation they deserve. At Gates Law Firm, PLLC, our team handles wrongful death claims filed at the Pulaski County Circuit Court and in jurisdictions across the state. We identify every eligible beneficiary, calculate all available damages, and manage every step of the legal process on your behalf.
Call Gates Law Firm, PLLC at (501) 779-8091 for a free consultation. Our office at 2725 Cantrell Road in Little Rock serves families throughout Arkansas.