Wrongful Death in Arkansas: Medical Negligence vs. General Negligence

Justin Minton Law is proud to serve Little Rock and communities across Arkansas with aggressive, knowledgeable personal injury representation. Losing a loved one is devastating, and when the death is caused by negligence, the grief is compounded by anger and unanswered questions. Wrongful death claims give families a way to pursue justice, accountability, and financial stability after tragedy.

In Arkansas, wrongful death can stem from many causes — but two of the most common are medical negligence and general negligence. While both fall under wrongful death law, understanding the difference helps families know what to expect when pursuing a claim.

What Is Wrongful Death in Arkansas?

Under Arkansas Code § 16-62-102, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, or default” of another party. These claims may be brought against individuals, companies, or institutions that failed to meet their legal duty of care.

Damages in wrongful death cases may include:

• Funeral and burial expenses
  
• Medical costs incurred before death
  
• Loss of financial support
  
• Loss of companionship and guidance
  
• Pain and suffering experienced by the family
  

Medical Negligence Wrongful Death

Medical negligence, also called medical malpractice, occurs when a healthcare provider fails to meet the accepted standard of care, leading to a patient’s death. Examples include:

• Misdiagnosis or delayed diagnosis of a life-threatening condition
  
• Surgical errors or anesthesia mistakes
  
• Medication errors or overdoses
  
• Failure to monitor patients after procedures
  
• Neglect in nursing homes or hospitals
  

Medical negligence cases often involve complex medical evidence, expert testimony, and aggressive defense from hospitals and insurance companies.

General Negligence Wrongful Death

General negligence refers to wrongful death caused by non-medical acts of carelessness. Common examples include:

• Fatal car accidents caused by distracted or drunk drivers
  
• Truck accidents on Arkansas highways like I-30 or I-40
  
• Workplace incidents, especially in construction or industrial jobs
  
• Slip and fall accidents resulting in deadly injuries
  
• Defective products causing fatal harm
  

In these cases, the focus is on proving that a person, company, or property owner failed to act with reasonable care, directly causing the death.

How the Two Differ

While both fall under wrongful death law, there are key differences:

• Type of Defendant: Medical negligence involves doctors, nurses, or hospitals. General negligence involves drivers, employers, businesses, or property owners.
  
• Evidence Needed: Medical negligence requires expert medical testimony; general negligence often relies on eyewitnesses, police reports, and accident reconstruction.
  
• Defense Strategies: Medical providers often argue they followed accepted standards; general negligence defendants may argue the victim contributed to the accident.
  

As a former insurance adjuster, Attorney Justin Minton knows how defendants and their insurers build these arguments. That experience helps us counter their tactics and fight for full accountability.

Local Trust Cues: Wrongful Death Cases in Arkansas

Wrongful death cases in central Arkansas are typically filed through the Pulaski County Courthouse in Little Rock. Families often first encounter the legal system after receiving care at Baptist Health Medical Center or CHI St. Vincent Infirmary. Justin Minton Law brings local knowledge of both the courts and the community, helping families navigate a difficult process with confidence.

Why Legal Help Is Critical

Wrongful death claims are among the most complex personal injury cases because they involve both legal and emotional challenges. Families must act within the statute of limitations and meet strict evidentiary requirements. Insurance companies and defense lawyers work hard to reduce payouts, often at the expense of grieving families.

At Justin Minton Law, we understand the stakes. We combine compassion with aggressive advocacy, using our founder’s insurance adjuster background to anticipate defense strategies and fight for the justice your family deserves.

Call Justin Minton Law Today

If you’ve lost a loved one in Arkansas due to medical negligence or general negligence, don’t face the system alone.

Call Justin Minton Law in Arkansas today to schedule your free consultation. You don’t have to fight the insurance company by yourself—let us fight for you and your family’s future.