Bereaved Rights

State wrongful death guide

Arkansas Wrongful Death Law Guide

Arkansas law lets the executor or the heirs sue for a wrongful death. Surviving family members can recover losses, a spouse’s loss of companionship, and grief. The deceased’s medical bills and suffering can also be recovered. There is no damage cap, and punitive damages are possible.

Quick facts for Arkansas

  • Who can file: The deceased’s personal representative (executor) must bring the suit. If there is no representative, then the heirs at law (surviving spouse, children, parents, etc.) may file.
  • Deadline to file: 3 years from date of death (special exception for homicide cases)
  • Key statute: Ark. Code Ann. § 16-62-102 (2024)

Types of compensation families may pursue

  • Lost wages, benefits, and services the deceased provided
  • Lost consortium and companionship (e.g. spouse’s loss of care and comfort)
  • Survivors’ mental anguish or grief
  • Decedent’s medical bills and pain and suffering (survival claim)

No cap on wrongful death damages. Punitive damages may be awarded.

Arkansas Wrongful Death Laws

Arkansas allows families to sue when a wrongful act causes someone’s death. The lawsuit must be filed by the decedent’s personal representative (executor). If there is no representative, the heirs at law (usually spouse, children, parents) can bring the action. The case should generally be filed within 3 years of the death, though this can be extended if the defendant was convicted of murder.

Who Can File

The personal representative of the deceased’s estate files the claim. The surviving spouse, children, father, mother, brothers, and sisters of the deceased (and any who stood in place of a parent) are the beneficiaries of the action. If no one else files, the court can appoint someone to act on behalf of all beneficiaries.

Recoverable Damages

Arkansas allows fair and just compensation for financial losses caused by the death. Recoverable damages include:

  • Lost financial support/services: wages, benefits, and household help the deceased provided.
  • Loss of consortium/companionship: e.g. a spouse’s loss of a husband’s care, advice, or emotional support.
  • Mental anguish or grief: Arkansas specifically permits survivors to recover for their grief and sorrow.

Additionally, the decedent’s own expenses and pain are recoverable as a survival claim. This means the estate can claim medical bills and the decedent’s pain and suffering between injury and death.

Damage Caps

Arkansas does not cap wrongful death damages. There is no statutory limit on economic or noneconomic damages. Punitive damages may be awarded in a wrongful death case under Arkansas law.

Special Rules

Arkansas law provides that wrongful death recovery goes directly to the survivors and is not used to pay the decedent’s debts. Any settlement must be approved by the court, which will consider the interests of all beneficiaries. The court then divides any award among the beneficiaries (either by judge or jury).

Common Examples

Common wrongful death scenarios in Arkansas include fatal car wrecks, medical negligence deaths, workplace accidents, unsafe product defects, and violent crimes. In each of these situations, if negligence or wrongdoing caused the death, the decedent’s family may pursue damages as outlined above.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Arkansas? +

Most wrongful death lawsuits in Arkansas must be filed within three years of the date of death. If the claim is filed after this three-year period, the court will almost always dismiss it as untimely. Claims involving medical malpractice follow different rules: these cases generally must be filed within two years, and in some situations, even earlier depending on when the malpractice occurred. Because these deadlines can be strict and fact-sensitive, families are encouraged to speak with an Arkansas wrongful death attorney as soon as possible. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Arkansas? +

In Arkansas, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. If no personal representative has been appointed, any of the statutory beneficiaries may file the lawsuit instead. Statutory beneficiaries include the surviving spouse, children, parents, siblings, and individuals standing “in loco parentis.” The lawsuit is brought for the benefit of all eligible survivors, not just the person who files. This structure helps ensure that the claim reflects the losses of everyone who depended on or was closely connected to the decedent. This answer is informational only and not legal advice.

What damages are available in an Arkansas wrongful death case? +

Arkansas allows families to recover a wide range of economic and noneconomic damages in a wrongful death case. Economic damages may include medical bills, funeral expenses, and the loss of the decedent’s financial support and services. Noneconomic damages can include the survivors’ mental anguish, loss of companionship, and loss of the decedent’s care and guidance. Arkansas is one of the states that explicitly allows emotional anguish damages for designated beneficiaries. The estate may also recover damages for the decedent’s pain and suffering between the injury and death, as well as certain financial losses incurred during that time. Arkansas does not impose a general cap on wrongful death damages, though medical malpractice claims have specific statutory limits. This answer is informational only and not legal advice.