No amount of money can replace a loved one, but a wrongful-death claim can provide financial stability and a measure of accountability when negligence takes a life. Arkansas law allows certain family members and the estate to pursue compensation for their loss.
Injury Claim Team connects injured Arkansans with experienced wrongful death attorneys who handle these claims across all 75 counties — from Little Rock and Northwest Arkansas to the Delta and the Ouachitas. A free, confidential case review is the fastest way to understand your rights.
Common Causes of Wrongful Death Claims in Arkansas
- Fatal car, truck, and motorcycle crashes
- Medical malpractice
- Workplace and construction fatalities
- Defective products
- Nursing-home neglect
- Pedestrian and bicycle fatalities
Proving Fault and Building Your Claim
In Arkansas, a wrongful-death claim may be brought by the personal representative of the estate or, in some cases, the heirs. Recoverable damages can include medical and funeral expenses, lost financial support, loss of companionship, and the survivors' mental anguish. These cases are handled with sensitivity and care.
Arkansas law: Arkansas follows a modified comparative-fault rule (Ark. Code § 16-64-122). You can still recover compensation if you were partly to blame, with your award reduced by your percentage of fault — but if you are found 50% or more at fault, you recover nothing. Insurers exploit this rule constantly, which is why building strong evidence of the other party's fault is critical.
Compensation You May Recover
Every claim is different, but injured Arkansans pursuing a wrongful death case may be able to recover:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
The Arkansas Constitution (Article 5, § 32) bars caps on compensatory damages, so a serious, well-documented claim is not artificially limited. A 2025 change in state law (Act 28) does affect how medical expenses are valued, which makes experienced legal guidance even more important.
Deadlines: Don't Wait Too Long
In most Arkansas injury cases you have three years from the date of the accident to file a lawsuit under Ark. Code § 16-56-105. Miss that deadline and your claim is almost always barred. The sooner you act, the easier it is to preserve evidence, locate witnesses, and protect your claim. Even if you are unsure whether you have a case, a free review costs nothing.
Frequently Asked Questions
Generally the personal representative of the estate, or the statutory heirs if there is no representative. An attorney can confirm who has standing.
Wrongful-death claims in Arkansas generally must be filed within three years, though specific facts can affect the deadline. Act promptly.
Funeral and medical costs, lost financial support and benefits, loss of companionship, and the survivors' grief and mental anguish, among others.
Related Practice Areas
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On-the-job injuries, third-party claims, and serious workplace accidents.
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Injuries from dangerous or defective consumer products.
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