Wrongful Death Laws in Arkansas
When a family member dies because of someone else’s negligence or wrongful act, the emotional and financial toll can be overwhelming. In Arkansas, state law allows certain surviving relatives to file a wrongful death lawsuit to hold the at-fault party accountable. Understanding your rights under Arkansas’s wrongful death laws is an important step toward seeking justice and securing financial support after a tragic loss.
Who Can File a Wrongful Death Claim in Arkansas?
In Arkansas, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual is either named in the person’s will or appointed by the court.
Although the representative brings the case, the damages are awarded to the deceased’s surviving family members, including a spouse, children, parents, or siblings. If the deceased had no family, damages may go to the estate.
What Qualifies as a Wrongful Death?
A wrongful death occurs when someone is killed due to the negligence, recklessness, or misconduct of another person or entity. This includes deaths caused by:
- Car or truck accidents
- Medical errors
- Defective products
- Unsafe premises
- Violent criminal acts
If the deceased could have filed a personal injury lawsuit had they survived, the estate has the right to pursue a wrongful death claim.
Types of Damages Available in Arkansas
Arkansas recognizes both estate damages and family damages in wrongful death cases. These may include:
- Medical bills related to the fatal injury
- Funeral and burial costs
- Loss of income or financial support
- Pain and suffering experienced by the deceased
- Loss of companionship, care, and guidance
In rare situations, punitive damages may be awarded if the defendant’s conduct was especially reckless or intentional.
Statute of Limitations in Arkansas
Arkansas law requires that a wrongful death lawsuit be filed within three years of the date of death. This time limit is strict, and waiting too long may result in losing the right to file a claim.
Exceptions are rare, so it’s important to speak with a wrongful death attorney as soon as possible to protect your case.
Can You File After a Fatal Car Accident?
Yes. If your loved one was killed in a car accident caused by another driver’s negligence—such as drunk driving, speeding, or texting while driving—you may have a valid wrongful death claim.
Even if the other driver is facing criminal charges, a civil claim is handled separately and can move forward regardless of the criminal case outcome.
What Happens if There’s No Will?
If the deceased didn’t leave a will, the court will appoint a personal representative (usually a close relative) to handle the estate and bring the wrongful death lawsuit on behalf of eligible beneficiaries.
This process can delay the claim slightly, so acting quickly is still essential.
Frequently Asked Questions About Wrongful Death in Arkansas
Can more than one person share in the compensation?
Yes. Surviving relatives such as a spouse, children, or parents may all be eligible to receive a portion of the damages. If there’s a dispute, the court may decide how to divide the award.
Are punitive damages common?
Punitive damages are not awarded in every case. They are typically reserved for cases involving gross negligence, malicious conduct, or intentional harm.
What if my loved one died at work?
If the death occurred on the job, the family may be eligible for workers’ compensation death benefits. In some cases, a wrongful death claim may also be filed against a third party responsible for the incident.
Do wrongful death claims go through probate?
No. The damages awarded from a wrongful death claim are distributed to the beneficiaries and do not become part of the estate’s probate process.
Talk With a Wrongful Death Lawyer in Arkansas
If someone else’s actions led to the death of your loved one, you don’t have to go through this alone. An experienced wrongful death attorney in Arkansas can help you understand your rights, build a strong case, and seek justice on behalf of your family. The right legal support can make a difference during an incredibly difficult time.