The devastation of losing a loved one becomes worse when families must deal with the complicated legal procedures of wrongful death claims.
In Arkansas wrongful deaths caused by negligence or wrongdoing cause survivors to experience mourning along with confusion and numerous questions about their next steps.
Arkansas wrongful death cases require adherence to strict deadlines while maintaining specific filing rules and complex damage calculations that can overwhelm anyone.
What You’ll Uncover:
- What Qualifies as Wrongful Death in Arkansas
- Who Can File a Wrongful Death Claim
- Time Limits You Can’t Ignore
- Types of Damages You Can Recover
- How to Choose the Right Legal Help
What Qualifies as Wrongful Death in Arkansas?
The Arkansas definition of wrongful death includes any death that results from a “wrongful act, neglect, or default” committed by another person or entity.
Under Arkansas law a death is considered “wrongful” if the deceased had legal grounds to pursue a personal injury lawsuit before their death.
Common causes of wrongful death claims include:
- The rise in Arkansas unrestrained passenger vehicle fatalities between 2016-2020 and 2019-2023 from 184.6 to 251.2 makes car accidents a frequent basis for wrongful death claims.
- Healthcare providers breach their duty when they do not uphold the standard of care during treatment.
- Workplace accidents frequently occur within construction and industrial environments.
A growing number of alcohol-impaired driving fatalities in Arkansas went from a 2016-2020 average of 141.6 to a 2019-2023 average of 143.4 which remains unnoticed to many people.
If you’re uncertain whether your situation qualifies, a caring wrongful death lawyer in Arkansas can review your case and explain your options.
Who Can File a Wrongful Death Claim in Arkansas?
The state of Arkansas outlines distinct rules to determine who is eligible to file a wrongful death lawsuit.
The personal representative of the deceased individual’s estate has the responsibility to file the wrongful death claim in accordance with Arkansas Code § 16-62-102. This is often:
- The executor named in the will
- When there is no will the court designates an administrator to serve as the personal representative.
In situations where a personal representative is not named within the 60-day period following death the following family members are permitted to file.
- Surviving spouse
- Children
- Parents
- Siblings
Arkansas law stands out because personal representatives file wrongful death claims while representing the interests of family members who will receive compensation.
Time Limits You Can’t Ignore: The Statute of Limitations
The state of Arkansas demands that wrongful death lawsuits be filed within one year following the date of death.
The time limit for wrongful death claims in Arkansas stands at one year which is significantly less than the three-year limit typically available for other personal injury cases. Once you pass this deadline your right to obtain compensation becomes permanently void.
A number of exceptions exist which could allow an extension of the standard deadline.
- When the death involves a minor
- You might get additional time to file if you did not know what caused the death initially.
- The one-year statute of limitations for wrongful death claims includes exceptions for fraudulent conduct or concealment actions committed by the defendant.
It remains essential to immediately consult with a legal professional despite the availability of potential deadline extensions.
Types of Damages You Can Recover in Arkansas
The compensation for wrongful death in Arkansas divides into two principal categories.
1. Estate Damages
Damages that the deceased person could have collected during their lifetime include:
- The medical bills incurred before death due to the injury or disease
- Pain and suffering experienced before death
- Funeral and burial expenses
- The deceased individuals lost wages from when they were injured until their passing
2. Family Damages
The surviving family members receive compensation for their losses from these damages.
- The family members will lose the financial contributions that the deceased would have provided.
- Loss of services, care, guidance, and training
- Mental anguish and emotional suffering
- Loss of companionship and comfort
Arkansas allows punitive damages to be awarded in cases that involve malicious behavior.
Most families in Arkansas are unaware that there are no damage limits in most wrongful death lawsuits. Damages in medical malpractice claims could be subject to restrictions.
How to Choose the Right Legal Help
The process of pursuing a wrongful death claim becomes extremely challenging during a time of mourning. The proper legal representation can significantly impact your case results and provide emotional comfort.
Several important factors must guide your search for a wrongful death attorney in Arkansas.
- Proficiency in Arkansas wrongful death law remains essential for legal representation.
- Track record of successful settlements and verdicts
- Your lawyer should have the necessary tools to conduct an in-depth investigation and construct your case.
- Compassionate approach to working with grieving families
The Wrongful Death Claim Process in Arkansas
Knowing the steps ahead makes the wrongful death claim process appear less overwhelming. Here’s a typical timeline:
- The first meeting with legal counsel includes fact examination to identify potential claim viability.
- Investigation phase – Gathering evidence and interviewing witnesses
- Filing the complaint marks the official beginning of the lawsuit while staying within the one-year statute of limitations.
- During the Discovery phase both parties share information and evidence with each other.
- A substantial number of wrongful death cases reach a settlement agreement before proceeding to trial.
Common Challenges in Arkansas Wrongful Death Cases
Strong case preparation for you and your attorney depends on recognizing possible obstacles.
- The process of proving negligence requires establishing four challenging elements.
- Damage calculation involves determining the economic consequences resulting from a premature death.
- Family dynamics become complicated when multiple beneficiaries have conflicting interests in a wrongful death case.
- Insurance policy limits – May cap available compensation
Under Arkansas law damage rewards may be reduced by the deceased’s fault percentage when they are partly responsible for their own death as the state follows a “modified comparative fault” system.
What To Do If You’ve Lost a Loved One Due to Wrongful Death
You can preserve your legal rights by following these steps after losing someone whom you believe died due to wrongful death.
- Maintain comprehensive records of all costs related to the death.
- Do not provide recorded statements to insurance companies unless you have legal representation.
- Never agree to initial settlement proposals without first comprehending the entire worth of your legal claim
- Assign an estate representative as early as possible
- Reach out to a wrongful death attorney immediately.
Key Insights to Remember
Wrongful death lawsuits in Arkansas represent complex legal challenges that take place during deeply emotional situations. The initial action to take for making educated choices during challenging times is to grasp your legal entitlements according to Arkansas law.
Although financial compensation will not restore your loved one to you, it can provide several forms of support and accountability.
- Alleviate financial burdens created by the loss
- Hold negligent parties accountable
- Provide resources for rebuilding your life
- Potentially prevent similar tragedies through systemic changes
When dealing with the aftermath of a wrongful death do not face this complex situation by yourself. Arkansas wrongful death lawyers can manage all complex legal proceedings so you can concentrate on your personal recovery.
