Who Can File a Wrongful Death Claim in Arkansas?

A wrongful death claim is subject to various strict requirements under Arkansas law. If you have lost a loved one in a fatal accident, ensuring that you meet these requirements is important—as failing to do so could prevent you and your family from holding the at-fault party accountable. 

One of the first requirements you need to meet is ensuring that the correct person files your family’s wrongful death claim. 

Arkansas Law Specifies Who Can File a Wrongful Death Claim 

So, who can file a wrongful death claim in Arkansas? This is addressed in Section 16-62-102(b) of the Arkansas Code. The law states: 

“Every [wrongful death] action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at law of the deceased person.”

A personal representative is the person who is responsible for managing your loved one’s final affairs. While the statute provides an exception for when no personal representative is available, a personal representative will be available in most cases. Personal representatives can be appointed in one of two ways:

• The Victim Appointed a Personal Representative in His or Her Estate Plan – If your loved one left behind an estate plan, his or her estate plan should include a provision appointing a personal representative. This provision will most likely be in his or her will. 
• A Personal Representative is Appointed Through Probate – If your loved one did not leave behind an estate plan, a personal representative will most likely be appointed through probate. This is the formal court process for distributing a person’s assets when they die without an estate plan. Typically, the person who is appointed will be a close family member, such as a spouse, parent, or adult child. 

In the event that a personal representative is not appointed, then any of the victim’s “heirs at law” can file the family’s wrongful death lawsuit. “Heirs at law” include:

• The victim’s spouse and children
• The victim’s parents and siblings
• Individuals standing in the place of the victim’s parent (i.e., a guardian)
• Individuals for whom the victim stood in the place of their parents (i.e., a ward)

Once again, ensuring that the correct person files your family’s wrongful death lawsuit is important. If an ineligible individual files, the at-fault party (or the at-fault party’s insurance company) may have grounds to seek dismissal of the lawsuit. Even if your family has the opportunity to try again, at a minimum this will delay the process; and, if the statute of limitations expires in the interim, your family could lose the right to file. 

Other Important Requirements for Asserting Your Family’s Legal Rights

Along with ensuring that you choose the right person to file your family’s wrongful death claim, you will need to meet various other important requirements as well. Here are a couple of examples: 

1. Ensuring that You Seek to Hold the Correct Party (or Parties) Accountable for Your Loved One’s Death 

Along with ensuring that the right person files your family’s wrongful death claim, you also need to ensure that your family’s claim targets the appropriate party (or parties). When fatal accidents happen, various parties can potentially be responsible, and promptly conducting a thorough investigation is essential for determining who your family should sue. 

2. Filing Your Family’s Wrongful Death Claim Before the Statute of Limitations Expires 

As we mentioned above, you also need to ensure that the appropriate person files your family’s wrongful death claim before the statute of limitations expires. The statute of limitations for wrongful death claims in Arkansas is three years from the fatal accident in most cases. With that said, you will want to hire a lawyer to investigate your loved one’s fatal accident as soon as possible—even if the statute of limitations isn’t close to expiring. 

Ensuring that you meet these requirements (among others) starts with engaging an experienced wrongful death lawyer. This costs your family nothing out of pocket. At Oliver Law Firm, we handle all wrongful death cases on a contingency-fee basis, which means that our legal fees (if any) will be calculated as a percentage of the amount we help your family recover if your case is successful.  

Contact Us for a FREE Consultation with an Arkansas Wrongful Death Lawyer 

Do you need to know more about the requirements for filing a wrongful death lawsuit in Arkansas? If so, we strongly encourage you to get in touch. Our experienced attorneys have a proven record of success in a wide range of wrongful death cases and we can help you, too.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.