Wrongful Death Accidents in Arkansas: Laws, Stats, and Cases

Personal Injury Wrongful Death Accidents in Arkansas

Wrongful death claims are part of personal injury law in Arkansas, where the families of the deceased can seek justice and compensation. These claims hold the responsible party accountable for the death caused by negligence or misconduct, providing financial relief for grieving families.

Wrongful Death Laws in Arkansas

Wrongful death claims in Arkansas are governed by the Arkansas Wrongful Death Statute (Ark. Code Ann. § 16-62-102). This statute outlines who can file a claim and what damages can be recovered. A wrongful death claim can be filed when an individual’s death is caused by another party’s negligence, recklessness, or intentional act.

Common scenarios that lead to wrongful death claims include:

• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Criminal acts

Who Can File a Wrongful Death Claim in Arkansas

The Arkansas Wrongful Death Statute specifies who can file a wrongful death claim:

• Surviving spouse: The spouse has the first right to file a wrongful death claim and must represent any minor children.
• Children of the deceased: If there is no surviving spouse, the deceased’s children can file the claim.
• Parents of the deceased: If the deceased had no spouse or children, the parents may file a wrongful death claim.
• Personal representative: If none of the above are available, the deceased’s personal representative can file the claim on behalf of the estate.

Types of Damages in Arkansas Wrongful Death Claims

In Arkansas, wrongful death claims can recover two types of damages:

• Compensatory Damages:
  • Medical expenses before death
  • Funeral and burial costs
  • Lost wages and benefits
  • Loss of companionship for family members
• Punitive Damages:
  In cases where the defendant’s actions were particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behavior (Ark. Code Ann. § 16-55-206).

Statute of Limitations for Wrongful Death Claims in Arkansas

The statute of limitations for filing a wrongful death claim in Arkansas is three years from the date of death (Ark. Code Ann. § 16-62-102). However, claims against government entities or other specific cases may have shorter deadlines.

Proving Wrongful Death and Legal Help

To win a wrongful death claim in Arkansas, the plaintiff must prove:

• Duty of care: The defendant owed a duty of care to the deceased (e.g., a doctor providing medical care).
• Breach of duty: The defendant failed to meet their duty through negligence or misconduct.
• Causation: The breach directly caused the death.
• Damages: The family suffered financial and emotional losses because of the death.

Legal representation is critical in wrongful death cases due to the complexity of gathering evidence, building a case, and navigating the court process.

Wrongful Death Accidents in Arkansas (2023)

How Often Do Wrongful Death Accidents Happen in Arkansas?

In 2023, Arkansas saw approximately 150 wrongful death cases, according to data from the Arkansas Department of Health and law enforcement agencies. These cases arose from various accidents, but motor vehicle incidents accounted for a significant portion.

Common Wrongful Death Situations

The leading causes of wrongful death claims in Arkansas in 2023 were:

• Motor vehicle accidents: Reckless driving, speeding, and impaired drivers were involved in about 55% of wrongful death claims.
• Medical malpractice: Failures in standard medical protocols, surgical errors, and misdiagnoses made up a significant portion of claims.
• Workplace accidents: Construction, manufacturing, and industrial work environments contributed to many wrongful deaths due to falls, equipment failures, and lack of safety protocols.

Demographics and Outcomes of Wrongful Death Cases in Arkansas

The most impacted demographic in wrongful death cases was adults aged 30-50. The majority of claims were settled outside of court, with families receiving compensatory damages for their financial and emotional losses.

Wrongful Death Case in Arkansas

Case: Johnson v. Arkansas Medical Group

Summary:
In 2021, Lisa Johnson, a 60-year-old Arkansas resident, died due to medical negligence at Arkansas Medical Group. A nurse administered the wrong medication, leading to severe complications and Johnson’s death. Her family sued the hospital for failing to follow medication protocols and sought compensation for medical bills, funeral expenses, and emotional distress.

Outcome:
The case settled for $4.5 million. The settlement emphasized the importance of strict medical protocols and oversight in hospitals, as well as the rights of families to pursue justice for medical malpractice.

Legal Help for Wrongful Death Claims in Arkansas

Investigation and Evidence Gathering

At Keller Swan Injury Attorneys, we thoroughly investigate each wrongful death case by collecting:

• Medical records
• Accident reports
• Witness statements
• Expert testimony

Customized Strategy and Maximum Recovery

We tailor legal strategies to maximize the recovery for each family, addressing economic damages such as medical bills and lost wages, as well as non-economic damages like pain, suffering, and loss of companionship.

Client Support and Advocacy

At Keller Swan, we understand the emotional toll wrongful death cases take on families. We provide compassionate advocacy and support throughout the legal process to ensure families receive justice and financial relief.

Preventing Wrongful Death Accidents in Arkansas

Workplace Safety and Medical Protocols

Employers must enforce strict workplace safety standards, while medical facilities must adhere to rigorous safety protocols to prevent accidents and medical errors.

Traffic Enforcement to Prevent Car Accidents

To reduce fatal car accidents, Arkansas law enforcement should continue to focus on traffic safety by enforcing DUI, speeding, and distracted driving laws. Public education campaigns can also raise awareness about safe driving practices.

Contact Keller Swan for Wrongful Death Claims

How We Can Help

At Keller Swan Injury Attorneys, we offer full-service legal representation for wrongful death claims, including:

• Case evaluation
• Evidence gathering
• Negotiation with insurance companies
• Court representation

Contact Keller Swan Injury Attorneys

Contact Keller Swan to schedule a consultation and discuss how we can help you get justice and compensation for your wrongful death claim.

Bottom Line

Wrongful death accidents in Arkansas are devastating, leaving families with emotional and financial burdens. Navigating these cases requires a deep understanding of Arkansas wrongful death law, as well as the ability to build a strong case with clear evidence. At Keller Swan Injury Attorneys, we are committed to helping families seek justice and obtain the compensation they deserve.