Losing a loved one in a car accident is a devastating experience, and navigating the legal aftermath can feel overwhelming. In Arkansas, families who have suffered such a loss may have the right to pursue a wrongful death claim, seeking accountability and financial support. Little Rock attorney Joseph Gates, of Gates Law Firm, PLLC, is dedicated to helping families understand their rights and options during this difficult time, providing guidance on the legal process and potential compensation available.
Gates explains that Arkansas law, specifically Arkansas Code 16-62-102, allows families to pursue a claim if their loved one would have been able to file a personal injury lawsuit had they survived the accident. These claims often arise from instances of driver negligence, including impaired driving, speeding, distracted driving, or failing to obey traffic laws. “Families often do not realize they have the right to pursue civil accountability even when criminal charges against the driver are dismissed or result in an acquittal,” Gates said. “The standard of proof in a civil wrongful death case is lower than in a criminal proceeding, which can produce a meaningful difference in outcomes.”
Who Can File a Wrongful Death Claim in Arkansas?
Navigating who is legally authorized to file a wrongful death lawsuit in Arkansas can be complex. According to Gates, the claim typically must be filed by the personal representative of the deceased’s estate – a role assigned either through a will or by the probate court. If no personal representative has been appointed, the deceased’s heirs-at-law can file directly. However, it’s crucial to include all legal heirs in the lawsuit; omitting even one can lead to dismissal of the case.
Statute of Limitations and Important Deadlines
Time is of the essence when pursuing a wrongful death claim. Arkansas law sets specific deadlines for filing a lawsuit. For negligence-based claims stemming from car accidents, the statute of limitations is three years from the date of death, as outlined in Arkansas Code 16-62-102(c)(1). A separate, two-year deadline applies solely to cases involving medical malpractice, and does not extend to motor vehicle fatalities. Gates emphasizes the importance of seeking legal counsel promptly. “There is a great deal of confusion about these deadlines, and relying on inaccurate information can permanently bar a family from recovering compensation,” he advises. “Consulting an attorney early allows for evidence preservation, witness interviews, and protection of critical rights before information is lost.”
Establishing Negligence and Proving a Wrongful Death Claim
Successfully pursuing a wrongful death claim requires demonstrating negligence on the part of the responsible party. This involves proving four key elements: a duty of care owed to the deceased, a breach of that duty through specific actions or omissions, a direct causal link between the breach and the fatal accident, and measurable damages resulting from the death. Evidence frequently used to establish negligence includes police crash reports, eyewitness accounts, dashcam or surveillance footage, vehicle event data recorder information, and accident reconstruction analysis. According to the National Highway Traffic Safety Administration, in 2022, alcohol impairment contributed to 24 percent of fatal crashes in Arkansas, while speeding was a factor in 22 percent of traffic fatalities.
Comparative Fault and Potential Recovery
Arkansas operates under a modified comparative fault rule, meaning that a family can still recover compensation even if the deceased was partially at fault for the accident, provided their fault is 49 percent or less. However, the amount of compensation will be reduced proportionally to their degree of fault. If the deceased is found to be 50 percent or more at fault, the family is barred from recovering any damages. Gates notes that insurance companies often attempt to shift blame to the deceased to minimize their liability, underscoring the importance of strong evidence and thorough legal preparation.
Understanding Damages in a Wrongful Death Case
Arkansas law recognizes two distinct categories of damages in wrongful death cases: the estate claim (also known as a survival action) and the family claim. The estate claim covers losses suffered by the deceased between the time of injury and death, including medical expenses, pain and suffering, and loss of life. The family claim compensates surviving beneficiaries for personal losses such as grief, loss of companionship, emotional suffering, and loss of financial support. Eligible beneficiaries include the surviving spouse, children, parents, siblings, and individuals who served in loco parentis to the deceased. Importantly, Arkansas does not impose caps on damages awarded in wrongful death cases; the Arkansas Supreme Court has previously struck down attempts to limit these awards.
For families in Little Rock and throughout Arkansas who have lost a loved one in a fatal car accident, consulting with an experienced wrongful death attorney is a crucial step in protecting their legal rights and ensuring all eligible beneficiaries are properly represented. Early legal guidance can also assist families in navigating the probate process and identifying the appropriate personal representative for the estate.
Gates Law Firm, PLLC, led by Joseph Gates, who earned his J.D. From the University of Arkansas School of Law and is actively involved in the Arkansas Trial Lawyers Association and the American Association for Justice, represents families across Pulaski County and the state. Those seeking a consultation can reach the firm at (501) 779-8091.
Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified attorney to discuss the specific facts of your case.
The firm anticipates continued advocacy for families navigating the complexities of wrongful death claims in Arkansas. For more information or to schedule a consultation, please contact Gates Law Firm, PLLC directly.
If you have been affected by a wrongful death, please know that resources are available. You can uncover support and information from organizations like the National Center for Victims of Crime at https://victimconnect.org/.
