LITTLE ROCK, AR – Families in Arkansas who have experienced the tragic loss of a loved one due to another driver’s negligence in a car accident may be entitled to file a wrongful death claim under state law. Joseph Gates, a Little Rock wrongful death attorney at Gates Law Firm, PLLC (https://www.gateslawpllc.com/car-accidents-and-wrongful-death-claims-in-arkansas/), is now offering crucial information on the eligibility for such claims, the deadlines for filing, and the available compensation for grieving family members.
Attorney Joseph Gates, a Little Rock wrongful death lawyer, highlights that Arkansas Code 16-62-102 permits a family or estate to pursue a wrongful death claim on behalf of a deceased individual if that person would have been able to file a personal injury lawsuit had they survived. These claims in vehicular accidents frequently stem from driver misconduct like impaired driving, excessive speeding, disregarding traffic signals, or distracted driving. Gates explains, “It’s common for families not to realize their right to seek civil justice, even if criminal charges against the at-fault driver are dropped or lead to an acquittal. The burden of proof in a civil wrongful death case is lower than in a criminal proceeding, which can significantly alter the outcome.”
Joseph Gates, the Little Rock wrongful death attorney, points out that Arkansas legislation imposes specific requirements on who can initiate a wrongful death lawsuit. Typically, these lawsuits must be brought by the personal representative of the deceased’s estate, whether designated in a will or appointed by the probate court. Should no personal representative be assigned, the decedent’s legal heirs are permitted to file directly; however, failing to include even one heir in the action could lead to its dismissal.
Attorney Gates stresses the importance of understanding the statute of limitations for negligence-based wrongful death claims in Arkansas, including those from car accidents, which is three years from the date of death, as stipulated by Arkansas Code 16-62-102(c)(1). A separate two-year period applies exclusively to medical malpractice cases and does not pertain to fatal motor vehicle incidents. He advises, “There’s considerable misunderstanding regarding these time limits, and relying on incorrect information can permanently prevent a family from recovering damages. Consulting an attorney promptly ensures evidence is preserved, witnesses are interviewed, and vital rights are protected before information becomes unattainable.”
To prevail in a wrongful death claim, the plaintiff must prove four components of negligence: that the defendant owed a duty of care, that this duty was violated through specific actions, that this violation directly resulted in the fatal accident, and that the death caused measurable damages. Data from the National Highway Traffic Safety Administration reveals that alcohol impairment contributed to 24 percent of all fatal crashes in Arkansas in 2022, and speeding was a factor in 22 percent of traffic fatalities during the same year. Common evidence used to demonstrate negligence in such cases includes official police crash reports, testimony from witnesses, dashcam or surveillance footage, data from vehicle event recorders, accident reconstruction analysis, and cell phone records when distracted driving is suspected.
Gates Law Firm, PLLC also informs families about Arkansas’s modified comparative fault rule, which has a strict threshold. If the deceased is found to be 49 percent or less responsible for the accident, the family can still receive compensation, though the total award will be reduced by the percentage of fault assigned to the deceased. However, if the deceased is determined to be 50 percent or more at fault, the family is barred from any recovery. “Insurance companies frequently try to assign blame to the deceased to minimize or eliminate their financial responsibility,” Gates cautions. “Robust evidence and thorough preparation are critical to countering these tactics.”
Arkansas law categorizes wrongful death damages into two main types. The Estate Claim, also known as a survival action, covers losses sustained by the deceased from the moment of injury until death, encompassing medical expenses, conscious pain and suffering, and the independent element of loss of life. The Family Claim provides restitution to statutory beneficiaries for personal losses such as grief, loss of companionship, emotional distress, and loss of financial support. Under Arkansas law, statutory beneficiaries include the surviving spouse, children, parents, siblings, and individuals who acted in a parental capacity to the deceased. It is important to note that Arkansas does not impose legislative limits on damages in wrongful death cases, and the Arkansas Supreme Court has previously invalidated at least one statutory damages cap as unconstitutional.
For individuals mourning the loss of a loved one in a fatal car accident within Little Rock or anywhere in Arkansas, seeking counsel from an experienced wrongful death attorney can help safeguard the family’s legal entitlements and ensure all eligible beneficiaries are appropriately represented in the claim. Prompt legal guidance can also assist families in designating a personal representative for the estate and in navigating the probate process often involved in these situations.
About Gates Law Firm, PLLC:
Gates Law Firm, PLLC, is a legal practice based in Little Rock, specializing in personal injury and wrongful death cases resulting from preventable accidents. Under the leadership of attorney Joseph Gates, who obtained his J.D. from the University of Arkansas School of Law and holds leadership positions within the Arkansas Trial Lawyers Association and the American Association for Justice, the firm diligently serves families throughout Pulaski County and across Arkansas. For confidential consultations, please call (501) 779-8091.
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