Losing a loved one is always painful, but when that death could have been prevented, the grief becomes even harder to bear.
In Arkansas, certain deaths may qualify as wrongful death if they resulted from someone else’s careless or reckless actions.
Understanding what legally constitutes wrongful death can help families determine whether they have grounds to seek justice and financial compensation for their loss.
What Legally Constitutes Wrongful Death in Arkansas
Arkansas law provides specific criteria for what makes a death a wrongful death case.
Under Arkansas Code § 16-62-102, wrongful death occurs when someone dies because of another person’s wrongful act, neglect, or default.
The key factor is that the person who died would have had the right to file a personal injury lawsuit if they had survived their injuries.
This means the death must result from circumstances that would have supported a legal claim for damages had the victim lived.
The Legal Definition Under Arkansas Law
The Arkansas wrongful death statute defines these cases quite clearly.
A wrongful death happens when a death is caused by a wrongful act, neglect, or default that would have entitled the injured person to seek compensation if they had not died.
This definition covers a wide range of situations, from simple negligence to intentional harm.
The law even applies when the circumstances amount to a felony, meaning criminal actions can form the basis of a civil wrongful death claim.
The statute also specifies that the cause of action survives the death of the person who caused it, allowing claims to be brought against that person’s estate if they have also died.
When a Death Becomes a Wrongful Death Case
Not every death qualifies as wrongful death under Arkansas law.
The death must result from another party’s failure to exercise reasonable care or from an intentional harmful act.
If the deceased person could not have filed a personal injury claim based on the circumstances that led to their death, then family members cannot pursue a wrongful death claim either.
For example, if someone dies from a long-term illness with no connection to anyone’s negligent actions, that would not be a wrongful death.
However, if a doctor’s negligent treatment of that illness directly caused or accelerated the death, it could become a wrongful death case.
The critical question is whether someone else’s wrongful conduct caused the death.
Common Examples of Wrongful Death Cases
Car accidents represent one of the most common causes of wrongful death claims in Arkansas.
When a negligent driver causes a fatal collision, the victim’s family may have grounds for a wrongful death lawsuit.
Medical malpractice cases also frequently result in wrongful death claims when healthcare providers fail to meet the accepted standard of care.
Surgical errors, misdiagnoses, medication mistakes, and birth injuries can all lead to fatal outcomes that qualify as wrongful death.
Workplace accidents, especially in construction, manufacturing, and other dangerous industries, can give rise to wrongful death claims when employer negligence contributes to a fatal injury.
Premises liability cases occur when property owners fail to maintain safe conditions and someone dies as a result.
Defective products that cause fatal injuries can also form the basis for wrongful death claims against manufacturers or distributors.
Nursing home neglect and abuse sometimes lead to wrongful death when facilities fail to provide adequate care for vulnerable residents.
Who Can File a Wrongful Death Claim in Arkansas
Arkansas law places specific restrictions on who has the legal right to file a wrongful death lawsuit.
Unlike personal injury cases where the injured person files their own claim, wrongful death cases require someone else to step in and pursue the case on behalf of the deceased.
The state has established clear rules about who can bring these claims to court.
The Personal Representative Requirement
In Arkansas, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit.
This person is typically appointed during the probate process and is responsible for managing the deceased person’s affairs.
If the deceased had a will, they may have named someone to serve as executor or personal representative.
If there was no will or no personal representative has been appointed, the court can appoint one specifically for the purpose of pursuing the wrongful death claim.
This requirement ensures that wrongful death cases are handled by someone with legal authority to act on behalf of the deceased and their beneficiaries.
Eligible Beneficiaries and Family Members
While only the personal representative can file the lawsuit, Arkansas law specifies who can benefit from a wrongful death claim.
The beneficiaries include the surviving spouse, children, parents, brothers, and sisters of the deceased person.
These family members are entitled to receive compensation from any settlement or verdict in the wrongful death case.
The court determines how damages are divided among the beneficiaries based on their relationship to the deceased and the losses they have suffered.
Each beneficiary’s share is fixed by the judge after considering the evidence presented about their connection to the deceased and the impact of the loss on their lives.
Understanding In Loco Parentis Relationships
Arkansas wrongful death law also recognizes relationships beyond biological family ties.
People who stood in loco parentis to the deceased are eligible beneficiaries under the law.
In loco parentis is a legal term that means “in the place of a parent,” and it refers to someone who took on parental responsibilities for the deceased person even without a legal adoption.
This might include stepparents, grandparents who raised the child, or legal guardians who cared for the deceased.
Similarly, people to whom the deceased stood in loco parentis at any time during their life can also be beneficiaries.
This means if the deceased person took on a parental role for someone else, that person has the right to seek compensation through the wrongful death claim.
Time Limits for Filing a Wrongful Death Claim
Arkansas law imposes strict deadlines for filing wrongful death lawsuits.
Missing these deadlines can permanently destroy a family’s right to seek compensation, no matter how strong their case might be.
Understanding these time limits is crucial for anyone considering a wrongful death claim.
The Three-Year Statute of Limitations
In most wrongful death cases, the Arkansas statute of limitations requires the claim to be filed within three years from the date of the person’s death.
This three-year period is known as the statute of limitations, and it applies to the vast majority of wrongful death claims in the state.
The clock starts running on the date of death, not the date of the accident or incident that caused the death.
If the wrongful death lawsuit is not filed within this three-year window, the courts will almost always dismiss the case.
Once the statute of limitations expires, families lose their legal right to pursue compensation, even if they have overwhelming evidence of wrongful conduct.
Special Rules for Medical Malpractice Cases
When a death results from medical malpractice, Arkansas applies a shorter deadline.
Medical malpractice wrongful death claims must be filed within two years from the date of the alleged negligent act or omission.
This shorter time frame reflects the state’s specific statute of limitations for medical malpractice cases.
Arkansas courts have consistently ruled that the two-year medical malpractice deadline takes priority over the general three-year wrongful death statute of limitations.
Families dealing with potential medical malpractice wrongful death cases need to act even more quickly to protect their rights.
Why Acting Quickly Matters
Waiting to pursue a wrongful death claim can cause serious problems beyond just missing the legal deadline.
Evidence can disappear, witnesses’ memories can fade, and important documents may be lost or destroyed.
The sooner a family begins the legal process, the better their chances of preserving crucial evidence and building a strong case.
Companies and insurance providers often take families more seriously when they see swift action being taken to hold wrongful parties accountable.
Early investigation allows attorneys to use cutting-edge technology to analyze evidence, interview witnesses while their memories are fresh, and secure documentation before it vanishes.
Starting the process early also gives families more time to handle the emotional aspects of their loss while the legal work moves forward.
What Damages Are Available in Arkansas Wrongful Death Cases
Arkansas wrongful death law allows families to seek several types of compensation for their losses.
Understanding what damages are available helps families recognize the full scope of compensation they may be entitled to receive.
The state’s approach to wrongful death damages differs from some other states in important ways.
Compensation for Family Members
Arkansas law recognizes that wrongful death causes both financial and emotional harm to surviving family members.
Damages in wrongful death cases are designed to provide fair compensation for the pecuniary injuries suffered by the beneficiaries.
This includes compensation for the loss of financial support the deceased would have provided to their family.
Surviving spouses can seek damages for the loss of services and companionship of their deceased partner.
The law specifically recognizes mental anguish as a compensable damage, and courts have clarified that mental anguish includes the grief normally associated with losing a loved one.
Children can receive compensation for the loss of guidance, education, training, and support their deceased parent would have provided.
Parents who lose a child can seek damages for the loss of companionship and the emotional suffering caused by their child’s death.
Economic and Non-Economic Damages
Economic damages in wrongful death cases cover measurable financial losses.
These include medical expenses incurred before death, funeral and burial costs, and the lost income the deceased would have earned over their remaining working life.
Families can also recover for the value of household services the deceased would have performed, such as childcare, home maintenance, and other contributions to the family’s wellbeing.
Non-economic damages compensate for losses that cannot be easily measured in dollars.
The loss of companionship, love, affection, and emotional support falls into this category.
Arkansas law allows juries to determine what amount of money fairly compensates family members for these intangible but very real losses.
Mental anguish damages recognize the emotional pain and suffering family members endure after losing their loved one.
No Caps on Wrongful Death Damages in Arkansas
Unlike some states, Arkansas does not impose caps or limits on damages in most wrongful death cases.
This means juries can award whatever amount they determine is fair and just based on the evidence presented at trial.
The absence of damage caps allows families to seek full compensation for their losses without arbitrary limits restricting their recovery.
In cases involving intentional misconduct, fraud, or gross negligence, punitive damages may also be available to punish the wrongdoer and deter similar conduct in the future.
The lack of damage caps in Arkansas ensures that serious cases of wrongful death can result in compensation that truly reflects the magnitude of the family’s loss.
Important Considerations When Pursuing a Wrongful Death Claim
Several important legal principles affect how wrongful death claims proceed in Arkansas.
Understanding these considerations helps families set realistic expectations and prepare for the legal process ahead.
These factors can significantly impact the outcome of a wrongful death case.
The Difference Between Civil and Criminal Cases
Some wrongful deaths also involve criminal charges against the person whose actions caused the death.
It is important to understand that criminal cases and civil wrongful death lawsuits are completely separate legal proceedings.
A person can be found liable for wrongful death in civil court even if they were never charged with a crime or were found not guilty in criminal court.
Criminal cases require proof beyond a reasonable doubt, while civil wrongful death cases only require proof by a preponderance of the evidence, which is a lower standard.
Even if criminal charges result in a conviction, that conviction does not automatically guarantee success in a civil wrongful death claim.
The two cases proceed independently, though evidence from one case may sometimes be used in the other.
Families can pursue a wrongful death claim regardless of whether criminal charges were filed or what the outcome of any criminal case might be.
How Modified Comparative Fault Affects Your Case
Arkansas follows a modified comparative fault system that can reduce or eliminate recovery in wrongful death cases.
If the deceased person shared some responsibility for their own death, the compensation awarded to their family may be reduced proportionally.
For example, if a jury determines the deceased was 20 percent at fault for the accident that killed them, the family’s damages would be reduced by 20 percent.
However, if the deceased person is found to be more than 50 percent at fault for their own death, Arkansas law bars the family from recovering any damages at all.
This comparative fault rule means attorneys must carefully examine all circumstances surrounding the death to determine whether the deceased contributed to the fatal incident.
Insurance companies often try to shift blame onto the deceased person to reduce their own liability or avoid paying damages entirely.
Having legal representation that can counter these tactics and present evidence of the defendant’s fault becomes critical to protecting the family’s right to compensation.
Get Legal Help With Your Arkansas Wrongful Death Claim
When someone dies because of another person’s negligence or wrongful actions, Arkansas law provides a path for families to seek justice and financial compensation.
Understanding what constitutes wrongful death, who can file a claim, and what damages are available helps families make informed decisions during an incredibly difficult time.
At Shamieh Law, we are Arkansas wrongful death attorneys and can help you with wrongful death claims.
Contact our team today by calling 501-361-1334.