LITTLE ROCK, AR - Families who lose a loved one in a car accident caused by another driver's negligence 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/) is providing guidance on who can file these claims, the applicable deadlines, and the types of compensation available to surviving family members.
According to Little Rock wrongful death attorney Joseph Gates, Arkansas Code § 16-62-102 establishes that if a person who died would have been able to file a personal injury lawsuit had they survived, their family or estate may pursue a wrongful death claim on their behalf. In car accident cases, these claims most commonly involve driver negligence such as impaired driving, speeding, running red lights, or distracted driving. "Families often do not realize they have the right to pursue civil accountability even when criminal charges against the driver are dismissed or result in an acquittal," explains Gates. "The standard of proof in a civil wrongful death case is lower than in a criminal proceeding, which can make a meaningful difference in outcomes."
Little Rock wrongful death attorney Joseph Gates notes that Arkansas law sets strict rules about who may bring a wrongful death lawsuit. The claim must generally be filed by the personal representative of the deceased person's estate, who is either named in a will or appointed by the probate court. If no personal representative has been appointed, the deceased person's heirs-at-law may file directly, though omitting even one heir from the lawsuit can result in dismissal.
Attorney Gates emphasizes that the statute of limitations for negligence-based wrongful death claims in Arkansas, including those arising from car accidents, is three years from the date of death under Arkansas Code § 16-62-102(c)(1). A separate two-year deadline applies only to cases involving medical malpractice and does not apply to motor vehicle fatalities. "There is a great deal of confusion about these deadlines, and relying on inaccurate information can permanently bar a family from recovering compensation," he advises. "Consulting an attorney early allows for evidence preservation, witness interviews, and protection of critical rights before information is lost."
To succeed in a wrongful death claim, the plaintiff must establish four elements of negligence: that the defendant owed a duty of care, that the duty was breached through specific conduct, that the breach directly caused the fatal accident, and that measurable damages resulted from the death. According to the National Highway Traffic Safety Administration, alcohol impairment played a role in 24 percent of all fatal crashes in Arkansas in 2022, and speeding contributed to 22 percent of traffic fatalities that same year. Evidence commonly used to prove negligence in these cases includes police crash reports, eyewitness testimony, dashcam or surveillance footage, vehicle event data recorder information, accident reconstruction analysis, and cell phone records in cases involving suspected distracted driving.
Gates Law Firm, PLLC also advises families that Arkansas applies a modified comparative fault rule with a strict threshold. If the deceased is found to be 49 percent or less at fault, the family may still recover compensation, though the total award is reduced by the percentage of fault attributed to the deceased. If the deceased is found 50 percent or more at fault, the family is barred from any recovery. "Insurance companies frequently attempt to shift blame to the deceased in order to reduce or eliminate their liability," Gates points out. "Strong evidence and thorough preparation are essential to countering these arguments."
Arkansas law divides wrongful death damages into two categories. The Estate Claim, also known as a survival action, covers losses suffered by the deceased from the time of injury until death, including medical expenses, conscious pain and suffering, and loss of life as an independent element of damages. The Family Claim compensates statutory beneficiaries for personal losses including grief, loss of companionship, emotional suffering, and loss of financial support. Statutory beneficiaries under Arkansas law include the surviving spouse, children, parents, siblings, and individuals who stood in the place of a parent to the deceased. Notably, Arkansas does not impose legislative caps on damages in wrongful death cases, and the Arkansas Supreme Court has struck down at least one statutory damages cap as unconstitutional.
For those who have lost a loved one in a fatal car accident in Little Rock or anywhere in Arkansas, consulting with an experienced wrongful death attorney may help protect the family's legal rights and ensure all eligible beneficiaries are properly represented in the claim. Early legal guidance can also assist families in identifying who should serve as personal representative of the estate and in navigating 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 arising 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, the firm represents families throughout Pulaski County and across Arkansas. For consultations, call (501) 779-8091.
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Website: https://www.gateslawpllc.com/
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
Email: Send Email
Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/
