Experienced Arkansas Wrongful Death Lawyer

Wrongful death claims stem from a variety of unfortunate circumstances. In Arkansas, some of the most common causes include:

• Motor Vehicle Accidents: Fatal collisions caused by distracted driving, drunk driving, or reckless behavior are frequent sources of wrongful death claims.
• Medical Malpractice: Errors in diagnosis, treatment, or surgical procedures that lead to preventable fatalities often result in legal action.
• Workplace Accidents: Hazardous working conditions, lack of proper safety measures, or equipment failures can result in fatal injuries, particularly in industries like construction or manufacturing.
• Defective Products: Faulty design, manufacturing defects, or inadequate warnings can lead to product-related fatalities.
• Premises Liability Accidents: Unsafe property conditions, such as unmarked hazards or negligent security, may cause fatal injuries to visitors or patrons.

Each situation requires a thorough investigation to identify the responsible party and establish the link between their actions and the loss of life.

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience, and pursuing a wrongful death claim can provide justice and financial relief during a difficult time. At Gates Law Firm PLLC, we are dedicated to helping Arkansas families seek accountability and recover the compensation they deserve.

Contact us today to discuss how your case can be handled with care and determination, so you can focus on the important process of healing and honoring your loved one’s memory.

Defendants rarely admit fault. In Arkansas, they can raise familiar defenses aimed at shrinking or blocking your recovery.

Comparative fault is the most common. The other side may argue that your loved one made unsafe choices that contributed to the accident. If the decedent is found 50% or more at fault, recovery can be barred under Arkansas comparative fault law. Assumption of risk is no longer a separate defense in Arkansas; any risk-taking by the decedent is considered within comparative fault.

Causation is another target. Defendants may say a medical condition, a criminal act by someone else, or a later event caused the death, not their negligence. They may also dispute the link between their conduct and each category of damages.

Work deaths invite a workers’ compensation defense. Employers often claim the exclusive remedy rule applies, which blocks a civil wrongful death suit against the employer, though claims against negligent third parties may still be available.

Cities, counties, school districts, and other political subdivisions are generally immune from tort liability except to the extent of liability insurance. Claims against the State of Arkansas are typically heard by the Arkansas State Claims Commission, which follows its own rules and procedures.

Finally, defendants challenge who filed the case and when. They may argue that the wrong party brought the claim or that the filing deadline has passed. Arkansas law sets out who can bring a wrongful death claim, and timing defenses are common in these cases.

An Arkansas wrongful death lawyer can help you by gathering evidence fast, countering causation and fault arguments, identifying immune or insured defendants, filing in the proper forum, and keeping all deadlines on track so your claim stays strong.

In Arkansas, the right to initiate a wrongful death claim is governed by specific legal provisions. These laws determine who is authorized to file such claims, ensuring that the process respects the rights of the deceased and their surviving family members.​

Legal Definition of Beneficiaries in Arkansas

Arkansas Code § 16-62-102 uses the term “beneficiaries” to define individuals who may be entitled to recover damages in a wrongful death action. This commonly includes the deceased’s surviving spouse, children, parents, and siblings. 

Additionally, adopted children, individuals who stood in place of a parent to the deceased, or to whom the deceased stood in place of a parent, such as grandparents, foster parents, or guardians, can be recognized as beneficiaries. This legal framework acknowledges the diverse familial relationships that may exist, extending recovery rights to those with a parental-like bond to the deceased.

Priority of Claimants in Wrongful Death Cases

Arkansas law establishes a hierarchy regarding who may file a wrongful death claim:​

• Personal Representative: The primary individual authorized to file a wrongful death claim is the personal representative of the deceased’s estate. This person is responsible for managing the legal and financial affairs of the estate and is typically appointed through probate proceedings.
• Heirs at Law: If no personal representative has been appointed, the right to file a wrongful death claim passes to the deceased’s heirs at law. This group includes the surviving spouse, children, parents, and siblings.

It’s important to note that wrongful death claims are filed on behalf of all beneficiaries, not just the individual bringing the lawsuit. Any compensation awarded in an Arkansas wrongful death case is not distributed by intestacy/inheritance rules. Instead, the judge (or jury on request) apportions the recovery among the statutory beneficiaries, and the proceeds do not become part of the estate or the decedent’s debts. Under Arkansas Code § 16-62-102(i), the personal representative is not responsible for locating anyone standing in loco parentis who is not known to be in that status; this clarification does not change who qualifies as a statutory beneficiary.

If you are uncertain about your eligibility to file a wrongful death claim or have questions about the role of a personal representative, our team at Gates Law Firm PLLC is here to provide clarity and support.

Contact us today at (501) 779-8091 to discuss your situation and explore your legal options.

Wrongful death claims in Arkansas provide a way for surviving family members to recover financial and emotional losses stemming from a loved one’s untimely passing. The compensation available falls into three primary categories: economic damages, non-economic damages, and punitive damages. Each type of compensation addresses a specific aspect of the harm caused by the wrongful death.

Economic Damages: Medical Bills and Funeral Expenses

Economic damages cover the measurable financial losses incurred as a result of the wrongful death.

These damages are intended to alleviate the financial burden placed on the surviving family and the deceased’s estate.

Common examples include:

• Medical Expenses: Any medical bills related to the injury or illness that led to the individual’s death, such as emergency care, hospital stays, or surgeries.
• Funeral and Burial Costs: The expenses associated with laying the loved one to rest, including funeral services, burial plots, cremation, and related fees.
• Lost Income and Benefits: Compensation for the wages and benefits the deceased would have likely earned if they had lived, particularly if they contributed to the family’s financial stability.

These damages are typically calculated based on tangible evidence, such as invoices, receipts, and financial statements.

Non-Economic Damages: Pain, Suffering, and Loss of Companionship

Non-economic damages address the emotional and psychological impact of losing a loved one. These damages are more subjective in nature but are no less significant.

Common types include:

• Pain and Suffering of the Deceased: In Arkansas, this is typically recovered through a separate survival action brought by the estate under Ark. Code § 16-62-101 (often filed alongside a wrongful death claim). The estate may also recover loss-of-life damages under the same statute.
• Loss of Companionship: Compensation for the emotional loss experienced by surviving family members, including the loss of love, guidance, and support.
• Emotional Distress: Recognition of the grief and emotional trauma caused by the wrongful death.

While non-economic damages are less quantifiable than economic damages, their importance cannot be understated, as they address the profound personal losses experienced by those left behind.

Punitive Damages in Arkansas Wrongful Death Cases

Punitive damages, while less common, may be awarded in certain wrongful death cases in Arkansas. These damages are not intended to compensate the family but instead to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future.

For punitive damages to be awarded, the wrongful death claim must demonstrate that the defendant acted with malice, gross negligence, or intentional misconduct. Examples of cases that might involve punitive damages include drunk driving accidents or deaths caused by defective products knowingly sold without proper safety testing.

Is There a Cap on Compensatory Damages for Wrongful Death Claims?

In Arkansas, there is no statutory cap on compensatory damages in wrongful death cases. This means that families can seek full financial compensation for both economic and non-economic losses resulting from their loved one’s death. 

Recovering compensation in a wrongful death case can provide financial relief and a sense of justice for grieving families. At Gates Law Firm PLLC, we are dedicated to helping Arkansas families pursue the full range of damages they deserve, from covering immediate expenses to addressing long-term emotional losses.

If you have lost a loved one due to someone else’s wrongful actions, contact us today to discuss how we can help you seek meaningful compensation and hold those responsible accountable.

The statute of limitations is a critical factor in wrongful death cases. This legal deadline determines the amount of time you have to file a claim and seek justice for your loved one. Failing to act within this timeframe can prevent your family from recovering compensation. Arkansas law outlines specific time limits for wrongful death claims, with certain exceptions that may apply.

How Long Do You Have to File a Claim?

In Arkansas, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased’s death, as outlined in Arkansas Code § 16-62-102. It’s important to note that the clock begins ticking on the date of death rather than the date of the incident that caused the death. This means that surviving family members or the personal representative of the deceased’s estate must file the lawsuit within this period.

If the defendant was convicted of capital, first-degree, or second-degree murder, an action may be filed within the period allowed to bring that murder charge under § 5-1-109(a).

If the death arises from a medical injury, Arkansas’s Medical Malpractice Act imposes a two-year limit measured from the date of the wrongful act, which controls over the three-year wrongful-death period.

Taking prompt action is crucial to preserving evidence, identifying liable parties, and building a strong case.

Exceptions to the Statute of Limitations

While the three-year rule applies to most cases, certain exceptions may extend or shorten the filing deadline:

• Discovery/Tolling: Arkansas generally does not apply a discovery rule to wrongful-death claims; the three-year period runs from the date of death. A narrow discovery exception exists in medical-injury cases involving a foreign object left in the body (suit within one year of discovery). Ark. Code § 16-114-203(b). Separate tolling may apply if a defendant’s improper acts (e.g., absconding, concealing) prevented filing. Ark. Code § 16-56-120.
• Defendant Avoidance: If the defendant leaves the county, hides, or takes other actions to avoid being sued, courts may pause the statute of limitations. To benefit from this exception, you must demonstrate to the judge that you have tried to locate the defendant.
• Government Entities: Claims against Arkansas state agencies are generally brought before the Arkansas State Claims Commission, which has its own procedural rules; municipalities, counties, and school districts are generally immune from tort liability except to the extent of liability insurance. Deadlines and procedures can differ from ordinary court cases, so confirm the forum and rules early.

These exceptions are highly case-specific and require a thorough review of the circumstances surrounding the death.

Consequences of Missing the Filing Deadline

Failing to file a wrongful death claim within the statute of limitations can have serious consequences. Once the deadline passes, the court is likely to dismiss the case, and the family will lose the legal right to recover damages.

This can leave the surviving family members without financial compensation for medical bills, funeral expenses, lost income, and emotional losses. Additionally, missing the deadline allows the responsible party to avoid accountability for their actions.

Acting within the required timeframe is essential to protecting your family’s legal rights and seeking justice for your loved one.

The statute of limitations in wrongful death cases can significantly impact your ability to pursue justice for your loved one. At Gates Law Firm PLLC, we are committed to helping Arkansas families meet critical deadlines and build a strong case.

Contact us today to discuss your case and take the necessary steps to protect your family’s rights before time runs out.

There is no legal requirement to hire an attorney in order to file a wrongful death claim in Arkansas. Families may initiate a claim on their own, but doing so during a time of grief can be understandably overwhelming. The legal process involves meeting statutory deadlines, identifying the appropriate parties to bring the claim, compiling supporting evidence, and calculating both financial and emotional losses. Each of these steps requires careful attention, especially when your family is still coping with the pain of losing someone close.

Working with a wrongful death lawyer can bring much-needed clarity and support throughout the legal process. An attorney can handle communications with insurance carriers, manage filings, and prepare a case that reflects the full impact of the loss on your family. This type of guidance allows loved ones to focus on healing without carrying the additional burden of legal procedure alone.

Choosing to pursue a claim is a personal decision, but having the support of a knowledgeable attorney often makes a meaningful difference. With the right representation, your voice is heard, your rights are protected, and the memory of your loved one is honored through a pursuit of accountability. If you’re unsure about how to begin or what steps to take, reaching out for legal guidance can offer clarity and a path forward.