Understanding Wrongful Death Claims in Arkansas: Insights from Attorney Joseph Gates
Families facing the sudden loss of a loved one due to a car accident caused by another’s negligence may pursue a wrongful death claim under Arkansas law. Little Rock attorney Joseph Gates from Gates Law Firm, PLLC highlights critical aspects of these claims, from eligibility and deadlines to potential compensation.
Arkansas Code 16-62-102 allows the deceased’s family or estate to file a wrongful death lawsuit if the victim could have pursued a personal injury claim had they survived. Common scenarios include accidents caused by impaired driving, speeding, running red lights, or distracted driving. Gates explains that civil wrongful death cases have a lower burden of proof than criminal cases, enabling families to seek accountability even if criminal charges fail.
Who Can File a Wrongful Death Lawsuit?
Arkansas law requires the claim to be filed by the personal representative of the deceased’s estate. This representative may be named in a will or appointed by probate court. If none exists, heirs-at-law can bring the claim, but excluding any heir may lead to dismissal. Attorney Gates stresses the importance of identifying the correct party to avoid procedural roadblocks.
The statute of limitations for wrongful death claims due to negligence, including car accidents, is three years from the date of death. This differs from the two-year deadline for medical malpractice cases and applies specifically to motor vehicle fatalities. Gates warns that misunderstanding these timelines can irrevocably bar families from compensation. Early legal consultation aids in preserving evidence and protecting rights.
Proving Negligence and Fault in Wrongful Death Cases
Plaintiffs must establish duty of care, breach of that duty, causation linking the breach to the fatal accident, and measurable damages. National data from the National Highway Traffic Safety Administration show that alcohol impairment contributed to 24% of Arkansas traffic fatalities and speeding to 22% in recent years. Supporting evidence includes police reports, eyewitness accounts, camera footage, vehicle data recorders, accident reconstruction, and cell phone records for distracted driving.
Arkansas follows a modified comparative fault rule with a strict 49% threshold. Families may recover damages if the deceased is 49% or less at fault, with total compensation reduced proportionally. However, recovery is barred if the deceased’s fault reaches 50% or more. Gates notes that insurance companies often try to shift blame onto the victim, making robust evidence crucial.
Types of Damages Available in Wrongful Death Lawsuits
Arkansas law divides damages into two categories:
Estate Claim (Survival Action): Covers losses from injury to death, including medical costs, pain and suffering, and independent damages for loss of life.
- Family Claim: Compensates surviving spouses, children, parents, siblings, and other statutory beneficiaries for grief, emotional suffering, loss of companionship, and financial support.
The state does not impose caps on wrongful death damages. In fact, courts have invalidated statutory caps as unconstitutional, allowing families to seek full compensation for their losses.
Legal Guidance and Support from Gates Law Firm
Attorney Joseph Gates and his Little Rock-based firm assist families throughout Arkansas in pursuing wrongful death claims. They help navigate complex probate procedures, identify rightful claimants, and manage the litigation process. With recognized expertise and leadership roles in state and national legal associations, Gates Law Firm provides vital support to grieving families in pursuit of justice.
For families impacted by fatal car accidents, early contact with an experienced wrongful death attorney is essential. This facilitates evidence collection, protects legal rights, and ensures comprehensive representation of all eligible beneficiaries.
Gates Law Firm, PLLC is located at 2725 Cantrell Road, Suite 200 in Little Rock. Families seeking consultations can call (501) 779-8091 or visit the firm’s website for more information.
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