Arkansas Death Law Claims: A fatal crash can alter a family’s life in the blink of an eye. In Arkansas, every year, hundreds of people lose their lives on the highways where statistics from the Arkansas Department of Public Safety indicate that traffic-related deaths are not uncommon when they approach or exceed 600 per year and speeding, drunk driving, and distracted driving head the list of causes but every number represents a family looking for answers. According to Little Rock lawyer Joseph Gates, although a lawsuit cannot resurrect a loved one, the civil justice system offers families a means to hold perpetrators accountable and get their financial house in order.
What is Arkansas Wrongful Death Law?
Under Arkansas Law Code § 16-62-102, the wrongful death lawsuit is filed by the personal representative of the estate of the deceased. This lawsuit is a single, unitary action on behalf of all potential claimants, as opposed to multiple lawsuits filed by different family members. These lawsuits are typically filed in circuit court, specifically in the Pulaski County Circuit Court, which hears many of these cases in central Arkansas and where settlements are also reviewed and approved by the court to ensure that they are fair and equitable to all claimants.
How Arkansas Families Can File a Wrongful Death Claim After a Fatal Crash
- Check whether a personal representative has been appointed: According to the Arkansas laws (Ark. Code § 16-62-102), a personal representative brings the wrongful death suit, and he represents all other qualified beneficiaries of the deceased.
- Determine all statutory beneficiaries: Determine who is under Arkansas law, such as the surviving spouse, children, parents, siblings and other qualified relatives. Every interested party should be incorporated in a single lawsuit.
- Gather required papers: Get death certificate, police accident report, medical record, income record, tax returns and funeral bills. These reports are utilized in demonstration of liability and damages.
- Protect and investigate the evidence: Take photos, eyewitnesses, and automobile details and any traffic camera footage. Premature preservation will assist in preventing the loss/destruction of vital evidence.
- Employ an attorney of wrongful death: An attorney is able to assess the liability, establish damages and adhere to procedural issues and deadlines.
- Bring the suit in the appropriate circuit court: The suit is usually brought in the county of either the place of accident or the place the defendant lives in, in this case, Pulaski County Circuit Court in central Arkansas.
- Negotiate a settlement or litigate: A number of wrongful death cases are settled by way of negotiations. In case of a failure to arrive at a reasonable settlement and the case can be tried.
- Get settlement approved by the court: The Arkansas law scrutinizes wrongful death settlements by the court in the light of ensuring that damages are distributed in fair ways and in the best interest of all beneficiaries.
What Immediate Steps Should Families Take After a Fatal Collision?
- Call 911 immediately and ensure emergency responders are dispatched to the scene.
- Seek medical attention for any surviving victims and even if injuries appear minor.
- Obtain the official police crash report and request the coroner’s findings when available.
- Take photographs or videos of the accident scene, vehicle damage, skid marks, road conditions and traffic signals.
- Collect names and contact information of eyewitnesses before they leave the area.
- Preserve physical evidence, including damaged personal items and vehicle components.
- Keep copies of all medical bills, funeral expenses, towing receipts and related costs.
- Notify your own insurance company promptly, but avoid giving recorded statements to opposing insurers without legal guidance.
- Refrain from discussing fault publicly or on social media.
- Consult a wrongful death attorney as early as possible to protect deadlines and preserve evidence.
How Attorneys Build a Case
A wrongful death lawsuit is based on establishing liability and value where lawyers review police reports, analyze crash reconstruction data, obtain surveillance or traffic camera footage and call on experts if necessary. Liability may be attributed to more than one motorist. Product defects, un-safe road design, or third-party negligence are also considerations. A civil suit can proceed even if criminal charges are pending. The burden of proof in a civil suit is different from that of a criminal suit.
What Does Little Rock Wrongful Death Lawyer Joseph Gates Explain About Filing a Claim?
Joseph Gates advises families to act promptly after a fatal accident by preserving evidence, securing official reports and seeking experienced legal counsel. He emphasizes understanding Arkansas filing rules, identifying all eligible beneficiaries and documenting financial and emotional losses to build a strong wrongful death claim.
What Compensation May Cover
Families can recover damages for medical bills, funeral expenses, lost wages and loss of companionship and support. Punitive damages may also be possible if reckless conduct is involved with the amount that can be recovered will depend on the available insurance, the strength of the claim and the comparative fault rules of Arkansas, which may reduce the award if the decedent was partially responsible for the accident.
Why Timely Legal Guidance Matters
Gates encourages families to avoid dealing with these claims alone with the requirements for filing, who is considered a beneficiary and how the court proceeds are strict. Missing a deadline or failing to include a beneficiary who should be named could jeopardize a case where although no lawsuit can repair the damage, a well-organized wrongful death lawsuit can assist families in dealing with financial stress and finding justice during a very difficult time.
FAQ’sÂ
1. What is a wrongful death claim in Arkansas?
It is a civil lawsuit filed when someone’s death is allegedly caused by another party’s negligence or misconduct.
2. Who can file a wrongful death claim in Arkansas?
Typically, the personal representative of the deceased’s estate files the claim on behalf of surviving family members.
3. What damages can be recovered?
Families may seek compensation for medical expenses, funeral costs, lost income and emotional suffering.
4. Is there a time limit to file the claim?
Yes, Arkansas generally has a three-year statute of limitations from the date of death.
5. Does a wrongful death case require proof of negligence?
Yes, the plaintiff must show that the defendant’s actions directly caused the death.
6. Who are considered Arkansas families?
Arkansas families are individuals related by blood, marriage or adoption who reside in the state of Arkansas.
7. Can you file a wrongful death claim after a truck accident in Arkansas?
Yes. If a truck accident results in death, the estate’s personal representative can file a wrongful death lawsuit on behalf of eligible family members, seeking compensation for losses such as medical expenses, funeral costs, lost income and emotional suffering.
