Little Rock Wrongful Death Attorney Joseph Gates Explains How

Understanding Wrongful Death Claims in Arkansas

You might think this is new, but… Joseph Gates, a Little Rock wrongful death attorney with 20 years of experience, has been guiding families through the complex legal landscape for decades. In today’s column, we’ll delve into how to navigate the aftermath of a fatal car accident and what rights you have under Arkansas law.

According to Gates, if a person dies in a car accident due to another driver’s negligence, their family or estate may file a wrongful death claim. This is governed by Arkansas Code 16-62-102, which states that if the deceased could have filed a personal injury lawsuit had they survived, then their loved ones can pursue compensation on their behalf.

Who Can File and When?

The key to success in these cases lies in understanding who has the legal right to file a claim. The personal representative of the deceased’s estate is typically named in a will or appointed by the probate court. If no personal representative has been appointed, any heirs-at-law may bring the case directly.

But be warned: omitting even one heir from the lawsuit can result in dismissal of the entire claim.

This is a critical detail that can make or break your legal rights. Consulting an attorney early ensures evidence preservation, witness interviews, and protection of vital rights before information goes stale.

The Statute of Limitations

A crucial aspect is understanding the statute of limitations for these claims. For negligence-based wrongful death cases, including those arising from car accidents, the deadline to file is three years from the date of death. However, there’s a separate two-year deadline for medical malpractice cases and it doesn’t apply to motor vehicle fatalities.

These deadlines are strict, meaning relying on inaccurate information can permanently bar your family from recovering compensation. “There is a great deal of confusion about these deadlines,” Gates warns, “and consulting an attorney early allows for evidence preservation, witness interviews, and protection of critical rights before information is lost.”

Evidence and Proving Negligence

Proving negligence in these cases often involves collecting detailed evidence. This includes police crash reports, eyewitness testimony, dashcam footage, vehicle event data recorder (EDR) information, accident reconstruction analysis, and cell phone records to prove distracted driving.

Gates advises families that Arkansas applies a modified comparative fault rule with a strict threshold. If the deceased is found 49 percent or less at fault, the family may still recover compensation.

However, if they are more than 50 percent at fault, no recovery is possible.

Insurance companies frequently attempt to shift blame to the deceased in order to reduce or eliminate their liability. Strong evidence and thorough preparation are essential to counter these arguments. “Strong evidence and thorough preparation are critical,” Gates emphasizes, “and failing to act early can mean your family loses out on fair compensation.”

The Bottom Line

For those who have lost a loved one in a fatal car accident in Little Rock or anywhere in Arkansas, consulting with an experienced wrongful death attorney may help protect the family’s legal rights and ensure all eligible beneficiaries are properly represented. Early legal guidance can also assist families in identifying who should serve as personal representative of the estate and in navigating the probate process that often accompanies these cases.

Remember, every second counts. Don’t delay seeking professional advice to safeguard your family’s future. Call (501) 779-8091 or visit Gates Law Firm, PLLC’s website for more information.

By following these guidelines and seeking timely legal assistance, families can ensure their rights are protected and that justice is served in the wake of a tragic loss.