The statute of limitations for most wrongful death claims in Arkansas is three years from the date of the person’s death. Under Arkansas Code 16-62-102, you must file your lawsuit within this window, or you may lose your right to seek compensation entirely. However, important exceptions apply when the death involves medical malpractice, when the claimant is a minor, or when the at-fault party takes steps to avoid being sued.
At Gates Law Firm PLLC, Little Rock wrongful death attorney Joseph Gates helps families throughout Arkansas pursue accountability after the preventable loss of a loved one. As a major personal injury lawyer, Joseph understands that filing deadlines can feel like an added burden during a time of grief, and we work to protect your rights before time runs out.
This guide explains the three-year filing deadline, exceptions that may shorten or extend it, who can file a claim, what damages may be available, and the steps you can take to protect your family’s right to compensation.
If you’ve lost a loved one due to someone else’s negligence, Gates Law Firm PLLC is here to help you understand your options and take action before time runs out. Call (501) 779-8091 today for a free, confidential consultation with Little Rock wrongful death attorney Joseph Gates.
How Long Do You Have to File a Wrongful Death Lawsuit in Arkansas?
Arkansas law gives you three years from the date of death to file a wrongful death lawsuit. This deadline is set by Arkansas Code 16-62-102(c)(1), which requires that the action be commenced within three years after the death of the person alleged to have been wrongfully killed. The clock begins running on the date the person dies, not on the date of the accident or incident that caused the fatal injury.
This distinction matters because injuries sometimes lead to death days, weeks, or even months later. If someone is hurt in a car crash on January 1 and passes away on March 1, the three-year deadline runs from March 1. Filing even one day late can result in the court dismissing your case, regardless of how strong the evidence may be.
Because wrongful death cases filed in Little Rock and throughout Pulaski County require investigation, evidence gathering, and often expert analysis, it is important to begin the process well before the deadline approaches. An attorney can start building your case while the evidence is still fresh and witnesses are available.
Key Takeaway: Arkansas gives you three years from the date of death to file a wrongful death lawsuit. The deadline is strict, and courts will generally dismiss cases filed after it expires.
Does the Deadline Change for Medical Malpractice Deaths?
Yes. When a wrongful death results from medical malpractice, a shorter deadline applies. Under Arkansas Code 16-114-203, all actions for medical injury must be commenced within two years after the cause of action accrues. Arkansas courts have ruled that this two-year medical malpractice deadline overrides the three-year wrongful death statute of limitations.
The accrual date for a medical malpractice claim is the date of the wrongful act itself, not the date of death. This means the two-year clock may start ticking before the patient even passes away. For example, if a surgical error occurs on June 1 and the patient dies from complications on August 1, the two-year deadline runs from June 1.
There is a limited exception for cases involving a foreign object left in the body during surgery. If the object could not reasonably have been discovered within the two-year period, the lawsuit may be filed within one year from the date of discovery. Because the medical malpractice deadline is shorter and the accrual date can be confusing, families in Little Rock dealing with a potential malpractice-related death may benefit from consulting an attorney as early as possible.
Key Takeaway: Medical malpractice wrongful deaths have a two-year filing deadline under Arkansas Code 16-114-203, measured from the date of the negligent act. This is shorter than the standard three-year wrongful death deadline.
What Exceptions Can Pause or Extend the Filing Deadline?
Several situations may toll, or temporarily pause, the statute of limitations for a wrongful death claim in Arkansas. These exceptions exist because certain circumstances make it unreasonable to expect a claimant to file within the standard deadline.
When a Claimant Is a Minor
Under Arkansas Code 16-56-116, the statute of limitations is paused for claimants who are minors. If a child loses a parent to wrongful death, the three-year filing deadline does not begin running until the child turns 18. This gives the child until age 21 to file a claim. However, for wrongful death claims based on medical malpractice, different rules apply to minors, and the timeline may be shorter.
When the Defendant Leaves the State or Hides
Under Arkansas Code 16-56-120, if the person who caused the death leaves Arkansas or takes steps to avoid being served with legal papers, the statute of limitations stops running during the period they are absent or hiding. To benefit from this exception, you may need to show the court that you made reasonable efforts to locate the defendant.
When a Criminal Conviction Applies
Arkansas Code 16-62-102(c)(1) also provides an extended deadline when the person who caused the death is convicted of capital murder, first-degree murder, or second-degree murder. In those cases, the wrongful death lawsuit may be filed within the same time period allowed for bringing a murder charge, which effectively removes the three-year deadline.
Key Takeaway: The statute of limitations may be paused when the claimant is a minor, when the defendant hides or leaves the state, or when a criminal murder conviction is involved. These exceptions are fact-specific, and an attorney can help determine whether they apply.
What Happens If You Miss the Filing Deadline?
If you file a wrongful death lawsuit after the statute of limitations has expired, the court will almost certainly dismiss your case. The defendant can raise the expired deadline as a defense, and Arkansas courts enforce these deadlines strictly. Once the case is dismissed on statute of limitations grounds, you typically cannot refile.
This is true even if the evidence of wrongful death is overwhelming. The law treats the filing deadline as a separate requirement from the merits of the case itself. Missing the deadline by even a single day can result in your family permanently losing the right to seek compensation for medical bills, funeral expenses, lost income, and emotional suffering.
Because of this risk, families in Little Rock and across Arkansas who suspect that a loved one’s death was caused by someone else’s negligence should speak with a wrongful death attorney early. Even if you are not ready to file a lawsuit, consulting an attorney can help preserve your rights while you grieve.
Key Takeaway: Missing the statute of limitations deadline permanently bars your wrongful death claim, regardless of how strong the evidence is. Early consultation with an attorney can help protect your rights.
Who Can File a Wrongful Death Claim in Arkansas?
Under Arkansas law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is the person named in the decedent’s will as executor, or someone appointed by the probate court if no will exists. If no personal representative has been appointed, the deceased person’s heirs-at-law may file the claim directly.
Arkansas Code 16-62-102(d) identifies the following people as eligible beneficiaries of a wrongful death claim:
- The surviving spouse, children, father, mother, brothers, and sisters of the deceased
- Persons standing in loco parentis to the deceased (someone acting in the role of a parent)
- Persons to whom the deceased stood in loco parentis at any time during their life
It is important to include all eligible beneficiaries in the lawsuit. Arkansas courts have dismissed wrongful death claims where an heir-at-law was omitted. The judge or jury determines each beneficiary’s share of the recovery based on the evidence presented.
Because the personal representative requirement can add steps to the process, families may need to work through the Pulaski County probate system or a circuit court in their local jurisdiction before they can formally file the wrongful death lawsuit. Beginning this process early helps avoid delays that could put the filing deadline at risk.
Key Takeaway: Only the personal representative of the estate or the deceased person’s heirs-at-law can file a wrongful death claim. All eligible beneficiaries must be included, or the court may dismiss the case.
Wrongful Death Attorney in Little Rock – Gates Law Firm PLLC
Joseph Gates, Esq.
Joseph Gates, Esq., is a trial lawyer and the founder of Gates Law Firm PLLC in Little Rock. He earned his J.D. from the University of Arkansas School of Law in Fayetteville in 2010 and has spent over a decade representing individuals and families harmed by the negligence of others. Before founding his own firm in 2020, Joseph built his litigation skills at Taylor King & Associates and Paul Byrd Law Firm, PLLC, handling personal injury and wrongful death cases throughout the state.
Joseph is a member of the Arkansas Trial Lawyers Association (ATLA), where he serves on the Board of Governors, the American Association for Justice (AAJ), the American Bar Association, the Pulaski County Bar Association, and the Attorneys Information Exchange Group. He has been recognized as a Super Lawyers Rising Star from 2019 through 2025 and selected to The National Trial Lawyers Top 40 Under 40. Clients describe Joseph as professional, compassionate, and committed to achieving meaningful results for the families he represents.
What Damages Can You Recover in an Arkansas Wrongful Death Case?
Arkansas law allows two types of claims in wrongful death cases: a family claim and an estate claim. Each covers different categories of losses, and both can be pursued in the same lawsuit.
| Claim Type | What It Covers | Who Benefits |
|---|---|---|
| Family Claim | Loss of income, loss of companionship, loss of services, mental anguish, grief | Surviving spouse, children, parents, siblings |
| Estate Claim | Medical bills before death, funeral and burial costs, pain and suffering of the deceased, lost earning capacity | The deceased person’s estate |
Family Claim Damages
The family claim compensates surviving relatives for their own losses. Under Arkansas Code 16-62-102(f), the court may award fair and just compensation for pecuniary injuries, including a spouse’s loss of companionship and services, and mental anguish resulting from the death. Mental anguish includes the grief normally associated with losing a loved one.
Estate Claim Damages
The estate claim covers expenses and losses the deceased person experienced before death, as well as the financial impact of the death itself. This can include medical bills from treatment before death, funeral and burial costs, the deceased person’s pain and suffering, and the lost future earnings the deceased would have provided.
Are Damages Capped in Arkansas?
The Arkansas Constitution, Article 5, Section 32, prohibits laws that limit the amount recoverable for injuries resulting in death. This means there is generally no cap on compensatory damages in wrongful death cases. Punitive damages, which may be awarded in cases involving extreme misconduct, are subject to separate review by the court.
Key Takeaway: Arkansas wrongful death claims can recover medical expenses, funeral costs, lost income, loss of companionship, and mental anguish. The state constitution prohibits caps on most wrongful death damages.
How Does Comparative Fault Affect a Wrongful Death Claim?
Arkansas follows a modified comparative fault rule under Arkansas Code 16-64-122. This means that if the deceased person was partially at fault for the incident that caused their death, the family’s compensation may be reduced.
Under this rule, the claiming party can recover damages only if the deceased person’s fault is less than the fault of the defendant. If the deceased was 50% or more at fault, the family is barred from recovering any damages. When the deceased person’s fault is less than 50%, the total damages are reduced by their percentage of fault.
Key Takeaway: Arkansas reduces wrongful death damages based on the deceased person’s share of fault. If the deceased was 50% or more responsible, the family cannot recover any compensation.
What Types of Incidents Lead to Wrongful Death Claims?
Wrongful death claims in Arkansas arise when someone’s negligent, reckless, or intentional actions cause another person’s death. The same types of incidents that give rise to personal injury lawsuits can form the basis of a wrongful death claim if the injured person dies.
Common causes of wrongful death claims include car accidents caused by distracted, impaired, or reckless driving, trucking collisions involving 18-wheelers on highways like Interstate 30 and Interstate 40 that run through the Little Rock metro area, medical errors resulting in a patient’s death, defective consumer products, and workplace accidents caused by unsafe conditions. Each type of case has its own evidentiary requirements, but all must meet the same filing deadlines.
The National Highway Traffic Safety Administration (NHTSA) has reported that alcohol impairment contributed to approximately 24% of all fatal crashes in Arkansas in 2022, and speeding was a factor in roughly 22% of traffic fatalities that same year. These statistics highlight the preventable nature of many fatal accidents on Arkansas roads.
Key Takeaway: Wrongful death claims can arise from car accidents, truck crashes, medical malpractice, defective products, and workplace incidents. Each case type has specific evidence requirements but follows the same filing deadlines.
What Steps Should You Take to Protect Your Claim?
Taking early action after a loved one’s death can make a significant difference in the strength of your wrongful death claim. Evidence fades, witnesses relocate, and records become harder to obtain as time passes. The following steps can help protect your family’s legal rights.
- Obtain the death certificate. This document establishes the date of death, which starts the statute of limitations clock.
- Preserve medical records. Gather all records related to the treatment your loved one received before death, including hospital bills, doctor’s notes, and prescription records.
- Request the police or incident report. If the death resulted from a car accident, workplace incident, or other event, the official report provides key evidence.
- Identify the personal representative. Determine who will serve as the estate’s representative, either through the will or by petitioning the probate court.
- Consult a wrongful death attorney. An attorney can evaluate your claim, identify all responsible parties, and ensure the lawsuit is filed before the deadline.
Families dealing with a wrongful death in Little Rock may need to coordinate with the Pulaski County Circuit Clerk’s Office at 401 West Markham Street to file probate documents and initiate the legal process. Starting early gives your attorney time to investigate the facts and build the strongest possible case.
Key Takeaway: Preserving evidence, identifying the personal representative, and consulting an attorney early are critical steps to protect your wrongful death claim before the statute of limitations expires.
Your Next Steps in an Arkansas Wrongful Death Claim
Losing someone you love because of another person’s carelessness is one of the most painful experiences a family can face. Understanding filing deadlines and legal procedures during a time of grief can feel overwhelming, but acting within the statute of limitations is essential to preserving your right to seek compensation.
Little Rock wrongful death attorney Joseph Gates has represented injured individuals and grieving families throughout Arkansas for over a decade. At Gates Law Firm PLLC, our wrongful death lawyers handle every aspect of your claim, from investigating the facts and filing court documents at the Pulaski County Circuit Court to negotiating with insurance companies and preparing for trial.
Call Gates Law Firm PLLC at (501) 779-8091 for a free consultation. Our office is located at 2725 Cantrell Road, Suite 200, in Little Rock, and we serve families across Arkansas. We work on a contingency fee basis, so you pay nothing unless we recover compensation for your family.
