LITTLE ROCK, AR – Families who lost a loved one in a car accident caused by the negligence of another driver may have the right to pursue a wrongful death claim under Arkansas law. Little Rock wrongful death attorney Joseph Gates of Gates Law Firm PLLC (https://www.gateslawpllc.com/car-accidents-and-wrongful-death-claims-in-arkansas/) provides guidance on who can file these claims, the applicable deadlines, and the types of compensation available to survivors.
According to Joseph Gates, a Little Rock wrongful death attorney, Arkansas Statute 16-62-102 provides that a deceased person’s family or estate can pursue a wrongful death claim on their behalf if they would have been able to file a personal injury lawsuit had they survived. In the case of car accidents, these claims most commonly involve driver negligence such as impaired driving ability, speeding, running red lights, and distracted driving. “Even if the criminal charges against the driver are dismissed or acquitted, families are often unaware that they have the right to pursue civil liability,” Gates said. “The standard of proof in civil wrongful death cases is lower than in criminal cases, which can make a big difference in the outcome.”
Little Rock wrongful death attorney Joseph Gates points out that Arkansas law has strict rules about who can file a wrongful death lawsuit. Claims must usually be filed by the personal representative of the deceased’s estate, either named in the will or appointed by the probate court. If no personal representative has been appointed, the legal heirs of the deceased may file the lawsuit directly, but the lawsuit may be dismissed if even one heir drops out of the lawsuit.
Gates emphasizes that under Arkansas Statute 16-62-102(c)(1), the statute of limitations for wrongful death claims based on negligence in Arkansas (including those resulting from motor vehicle accidents) is three years from the date of death. There is a separate two-year time limit, but this applies only to cases involving medical malpractice, and does not apply to fatal car accidents. “There is a great deal of confusion around these deadlines and relying on inaccurate information could permanently prevent families from recovering compensation,” he advises. “Early consultation with a lawyer allows you to preserve evidence, interview witnesses, and protect important rights before information is lost.”
To win a wrongful death lawsuit, a plaintiff must prove four elements of negligence: That is, the defendant owed a duty of care, breached that duty by a specific act, the breach directly caused the death, and measurable harm resulted from the death. According to the National Highway Traffic Safety Administration, 24% of fatal crashes in Arkansas in 2022 were caused by alcohol impairment, and 22% of fatal traffic crashes that year were due to speeding. Evidence commonly used to prove negligence in these cases includes police crash reports, eyewitness statements, dashcam or surveillance footage, vehicle event data recorder information, accident reconstruction analysis, and cell phone records when distracted driving is suspected.
Gates Law Firm, PLLC also advises families that Arkansas applies a modified comparative negligence rule with strict thresholds. If the deceased is found to be 49% or less at fault, the family can still recover compensation, but the total amount of compensation will be reduced by the percentage of fault attributable to the deceased. If the deceased is found to be 50% or more at fault, the family will be barred from any recovery. “Insurance companies often try to shift liability onto the deceased in order to reduce or eliminate their liability,” Gates points out. “Strong evidence and thorough preparation are essential to rebut these arguments.”
Arkansas law divides wrongful death damages into two categories. Estate claims, also known as survival actions, cover losses suffered by a deceased person from the time of injury until death, including medical expenses, conscious pain and suffering, and loss of life as an independent element of damages. Family claims compensate legal beneficiaries for personal losses such as grief, loss of companionship, emotional distress, and loss of financial support. Statutory beneficiaries under Arkansas law include surviving spouses, children, parents, siblings, and individuals who were acting in the place of the deceased parent. Notably, Arkansas has no statutory cap on damages in wrongful death cases, and the Arkansas Supreme Court has struck down at least one statutory cap on damages as unconstitutional.
For those who have lost a loved one in a fatal traffic accident in Little Rock or elsewhere in Arkansas, consulting with an experienced wrongful death attorney may help protect the family’s legal rights and ensure that all eligible beneficiaries are properly represented in the claim. Early legal guidance can also help families identify who should serve as the personal representative of the estate and navigate the probate process that often accompanies these cases.
About Gates Law Firm PLLC:
Gates Law Firm, PLLC is a Little Rock-based law firm focused on personal injury and wrongful death cases resulting from preventable accidents. Led by attorney Joseph Gates, who earned his J.D. from the University of Arkansas School of Law and holds leadership roles in the Arkansas Trial Lawyers Association and the American Association for Justice, our firm represents families in Pulaski County and throughout the state of Arkansas. For advice, please call (501) 779-8091.
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Email: Gates@GatesLawPLLC.com
Website: https://www.gateslawpllc.com/
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Company name: Gates Law Firm PLLC
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