Arkansas wrongful death law allows eligible surviving family members to seek compensation when a loved one's death results from another party's wrongful conduct or negligence. Under Arkansas Code § 16-62-102, most wrongful death lawsuits must be filed within three years of the date of death, although exceptions and different deadlines may apply.
At Minton Law Firm, our wrongful death attorneys help Arkansas families understand their legal rights, determine who may file a claim, and pursue compensation for eligible losses. Founded by former insurance adjuster Justin Minton, the firm provides guidance throughout the claims process.
If you have lost a loved one because of someone else's negligence, call 501-794-0001 today to schedule a free consultation.
A wrongful death occurs when a person or entity is negligent, reckless, or careless, and that behavior or action causes the death of someone else. If the death could have reasonably been avoided, then the situation probably can be categorized as wrongful death.
Common causes of wrongful death include:
A wrongful death case is a civil lawsuit, not a criminal matter. It is a claim filed against the person or entity liable for the death. The purpose of the claim or lawsuit is to compensate survivors for the harm and losses they have endured after losing a loved one.
Each state has its own wrongful death statute, and the details can vary greatly from state to state. The Arkansas wrongful death statute is AR Code § 16-62-102.
The statute outlines the rules, criteria, and procedures for filing a wrongful death lawsuit in Arkansas. At Minton Law, we know every applicable Arkansas wrongful death statute. If you have lost a loved one in a tragic accident, we can define and explain your legal rights.
In most personal injury claims, the injured person files his or her own claim against the negligent party. However, in a wrongful death claim, the injured party is the deceased and thus unable to file a claim on his or her own behalf. The wrongful death statute allows someone else to step in and pursue a claim or lawsuit on behalf of the decedent.
Under Arkansas Code § 16-62-102(b), a wrongful death action is generally brought by the personal representative of the deceased person's estate. If no personal representative has been appointed, the action must be brought by the deceased person's heirs at law. Arkansas courts have generally required all statutory heirs to be included when the lawsuit is filed without a personal representative.
Eligible beneficiaries may include the surviving spouse, children, parents, siblings, and certain individuals who stood in a legally recognized in loco parentis relationship with the deceased.
Eligible heirs in Arkansas could be the:
The compassionate lawyers at Minton Law understand that it takes time to grieve the death of a loved one and that filing a wrongful death lawsuit may be the furthest thing from your mind right now. However, there is a statute of limitations, or a time limit, on when you can file wrongful death claims.
Under Arkansas Code § 16-62-102(c), most wrongful death lawsuits must be filed within three years of the date of death. However, different deadlines may apply depending on the circumstances. For example, wrongful death claims arising from medical injuries may be subject to the two-year limitations period under Arkansas Code § 16-114-203, along with specific statutory rules and exceptions.
Because determining the correct filing deadline can be complicated, families should consult an Arkansas wrongful death attorney promptly to understand which limitations period applies to their case.
It is important to file a claim within the time period allowed by the statute of limitations. Otherwise, surviving family members will likely lose the opportunity to recover compensation.
Damages awarded in a wrongful death lawsuit can provide the deceased person’s surviving spouse or other surviving family members with financial support and security during this difficult time.
Wrongful death claims are sometimes put into two separate categories: the family claim and the estate claim.
The estate claim is made by the estate of the deceased, seeking compensation for losses the decedent suffered as a result of the fatal accident.
The estate claim may include money for the following damages:
The family claim may be filed by the deceased’s surviving family members. This claim could pursue compensation for damages family members have suffered due to losing their loved one.
The following damages may be awarded in a family claim:
Arkansas wrongful death compensation is not necessarily divided equally among surviving family members. Under Arkansas Code § 16-62-102, the allocation of damages depends on the beneficiaries' legally recognized losses and the circumstances of the case.
When a wrongful death claim is resolved, the distribution of compensation may require court approval or allocation among eligible beneficiaries. Relevant considerations can include financial dependency, loss of companionship, mental anguish, and other damages supported by the evidence.
Because multiple beneficiaries may have different interests, an Arkansas wrongful death attorney can help families understand how settlement proceeds may be distributed under applicable law.
Understanding Arkansas wrongful death law can help families protect their rights after losing a loved one. Below are answers to common questions about filing deadlines, eligibility, and compensation.
Arkansas Code § 16-62-102 allows eligible family members to seek compensation when a loved one's death results from another party's negligence or wrongful conduct.
The deceased person's personal representative generally files the lawsuit. If none has been appointed, the action must be brought by the heirs at law, with all required heirs included.
Most wrongful death lawsuits must be filed within three years of the date of death. Different deadlines may apply to medical malpractice and certain other claims.
Eligible families may recover damages for lost financial support, loss of companionship, and mental anguish. A separate survival claim may allow recovery for certain losses suffered by the deceased.
Settlements are not automatically divided equally. Compensation is allocated according to each beneficiary's legally recognized losses, subject to applicable court procedures.
Yes. Wrongful death lawsuits are civil cases separate from criminal proceedings. Families may pursue compensation even without a criminal conviction.
If you have lost a loved one because of another party's negligence or wrongful conduct, Minton Law Firm can help you understand your options under Arkansas wrongful death law. Our attorneys assist families with evaluating potential claims, identifying eligible beneficiaries, and pursuing available compensation.
We offer free consultations and handle qualifying wrongful death cases on a contingency fee basis. Call 501-794-0001 today or contact Minton Law Firm to discuss your situation.
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