If you have lost a loved one due to someone else’s negligence in Arkansas, understanding your legal rights is a critical first step toward justice. This guide covers Arkansas’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Arkansas provides a relatively generous filing window compared to many states, but understanding the procedural requirements is essential before taking legal action.
Arkansas Wrongful Death Laws
The Arkansas Wrongful Death Statute
Arkansas’s wrongful death law is governed by Arkansas Code § 16-62-102. The statute requires the Personal Representative of the deceased’s estate to file the wrongful death claim on behalf of the surviving beneficiaries. Arkansas maintains a clear distinction between the wrongful death claim (for the family’s losses) and the survival action (for the deceased’s own pre-death losses).
Who Can File
The Personal Representative of the deceased’s estate must file the wrongful death lawsuit. The beneficiaries on whose behalf the claim is brought include the surviving spouse, children, and other dependents. Prompt appointment of a Personal Representative through Arkansas probate courts is a necessary first step.
Statute of Limitations
Arkansas provides a 3-year statute of limitations for wrongful death claims, measured from the date of death. This is longer than many states, but families should still act promptly. Evidence deteriorates, witnesses become harder to locate, and the probate process for appointing a Personal Representative takes time.
Recoverable Damages
Arkansas allows recovery for pecuniary injuries (financial losses), mental anguish, and loss of companionship. There are no caps on wrongful death damages in Arkansas, allowing families to pursue full compensation for the true extent of their losses.
Survival Action
Arkansas maintains a separate survival action alongside the wrongful death claim. The survival action allows the estate to recover for the deceased’s own pre-death losses, including pain and suffering, medical expenses incurred before death, and lost earnings during the period between injury and death. Both claims are typically pursued simultaneously.
Top 3 Wrongful Death Attorneys in Arkansas
1. Levar Law Injury and Accident Lawyers
Location: Little Rock, Bentonville, Fayetteville, Jonesboro, AR
Phone: (501) 588-0082
Website: https://levarlaw.com
Deeply knowledgeable about Arkansas’s specific wrongful death statute, this firm excels at simultaneously managing the separate survival action and the wrongful death claim. They are known for compassionate handling of families while aggressively pursuing uncapped pecuniary injuries and mental anguish damages against negligent drivers and local businesses. Their multi-city presence gives them strong local court relationships across the state.
2. Minton Law Firm
Location: Little Rock, AR
Phone: (501) 794-0001
Website: https://mintonlaw.com
Key Attorney: Justin Minton
Justin Minton is a former insurance adjuster, which means the firm operates with an insider’s understanding of how opposing counsel will attempt to minimize the payout for mental anguish and loss of companionship claims. They are a boutique firm offering highly personalized attention to ensure the Personal Representative executes their duties flawlessly under Arkansas probate law, reducing the risk of procedural errors that could jeopardize the family’s claim.
3. Shamieh Law
Location: Dallas, TX (Strong active presence and licensure in Arkansas)
Phone: (501) 361-1334
Website: https://shamiehlaw.com
A powerhouse firm that handles catastrophic injuries and wrongful death across the region. They have recovered over $250 million for their clients. They are particularly effective in Arkansas for 18-wheeler trucking fatalities and oil field and industrial deaths, leveraging their massive network of safety experts, accident reconstructionists, and economic experts to build the strongest possible case for maximum uncapped recovery.
Frequently Asked Questions
Who must file the wrongful death lawsuit in Arkansas?
Unlike some states that allow family members to file directly, Arkansas requires the Personal Representative of the estate to initiate the wrongful death lawsuit. This means the family must first go through Arkansas’s probate courts to have a Personal Representative appointed before the lawsuit can be filed. An experienced attorney can help navigate this process efficiently so the 3-year statute of limitations is not wasted on procedural delays.
What is the difference between the wrongful death claim and the survival action?
The wrongful death claim compensates the surviving family members for their own losses – the financial support, companionship, and services they lost when their loved one died. The survival action compensates the estate for what the deceased personally suffered and lost between the time of injury and death, including their own pain and suffering, medical bills, and lost income. Arkansas allows both claims to be pursued simultaneously, and experienced attorneys will file both to maximize the total recovery.
Are there any limits on how much I can recover?
No. Arkansas imposes no caps on wrongful death damages. Juries may award whatever amount they determine is fair and just to compensate the family for their losses.
Does the outcome of a criminal case affect my civil claim?
No. A civil wrongful death lawsuit and any criminal prosecution operate entirely independently. You may pursue a civil claim regardless of whether the responsible party was criminally charged or convicted.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. Even though Arkansas provides 3 years to file, time is needed to appoint a Personal Representative before the lawsuit can be initiated. Preserve any evidence related to the incident. Obtain a copy of the death certificate and any accident or incident reports. Do not speak with the responsible party’s insurance company without first consulting an attorney.
Closing
Arkansas’s wrongful death framework provides families with meaningful legal tools, including a 3-year filing window and no damage caps. The firms listed above have the experience and resources to guide families through Arkansas’s procedural requirements while aggressively pursuing maximum compensation. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today for a free, confidential consultation.
For immediate grief support resources, contact the National Alliance for Grieving Children at (866) 432-1542.