Losing a family member suddenly is hard enough. Learning that the death may have been caused by someone else’s carelessness adds anger and many questions. No lawsuit can bring a loved one back. But Arkansas law gives families a way to hold the responsible party accountable and to seek compensation for what the death has taken from them. This page explains the basics, so you know what to ask.
What is a wrongful death claim?
Under A.C.A. § 16-62-102, when a death is caused by a wrongful act, neglect, or default, and the person could have brought an injury claim if they had lived, the responsible party can be sued for damages.
A wrongful death case is a civil case. It is separate from any criminal charges. A civil claim can go forward whether or not anyone is charged or convicted.
Who brings the claim?
The statute says the case is brought by and in the name of the personal representative of the person who died. That is usually the person appointed by the probate court to handle the estate. If there is no personal representative, the case is brought by the heirs at law. If no one has been appointed yet, opening a probate estate may be one of the first steps. My practice includes probate litigation, so we can talk about how those pieces fit together.
Who can recover?
The claim is brought for the benefit of the people the statute lists as beneficiaries:
- The surviving spouse, children, father, mother, brothers, and sisters of the person who died
- People, of any age, who stood in the place of a parent to the person who died
- People, of any age, to whom the person who died stood in the place of a parent at any time during their life
The statute also says that no part of a wrongful death recovery is subject to the debts of the person who died, and it does not become part of the estate’s assets.
What damages are allowed?
The statute allows fair and just compensation for pecuniary injuries, meaning financial losses. That includes a spouse’s loss of the services and companionship of the spouse who died. It also allows damages for mental anguish suffered by the surviving spouse and beneficiaries because of the death. The statute says mental anguish includes the grief normally associated with the loss of a loved one. The court, or a jury if one is requested, decides how a recovery is divided among the beneficiaries, and a settlement can be approved by the circuit court.
Some cases also involve claims that belong to the estate itself. Every family’s situation is different, and I’ll explain what may apply in yours.
How long do we have?
Under the statute, a wrongful death action generally must be filed within three years after the death. There is a narrow exception for cases involving certain murder convictions. Other rules can affect timing too, such as claims against government entities. Evidence can fade, so get advice early.
Common questions
Do we have to wait for the criminal case to finish?
Not necessarily. The civil case is separate. How the two cases affect each other depends on the facts, and having worked as both a prosecutor and a public defender, I can explain how criminal cases tend to move.
What should we bring to the first meeting?
A death certificate if you have it, any police or accident reports, probate papers if an estate has been opened, insurance information, and names of family members.
For more on injury claims in general, see my personal injury page.
Talk with a Jonesboro wrongful death lawyer
Call my office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This page is general information about Arkansas law, not legal advice for your situation.