Little Rock, Arkansas - Attorney Joseph Gates of Gates Law Firm, PLLC (https://www.gateslawpllc.com/car-accidents-and-wrongful-death-claims-in-arkansas/) released comprehensive guidance to help families understand wrongful death claims after fatal crashes, emphasizing the rights available under Arkansas law and the practical steps required to pursue recovery. The resource explains how an Arkansas car accident lawyer evaluates liability, preserves evidence, and advances claims on behalf of estates and statutory beneficiaries following a deadly collision.
Drawing on Arkansas Code § 16-62-102 and recent statewide safety data, the guidance clarifies how civil claims proceed independently from any criminal charges and why the evidentiary standard in civil court differs. The publication outlines how an Arkansas car accident lawyer builds a case through police reports, eyewitness accounts, vehicle data, medical documentation, and, when appropriate, professional accident reconstruction. The overview also addresses frequent questions about modified comparative fault in Arkansas, including the 50 percent threshold that can bar recovery if the decedent’s share of fault reaches that level.
The release highlights risk factors that commonly underlie fatal crashes on Arkansas roads. According to the National Highway Traffic Safety Administration, alcohol impairment contributed to 24 percent of fatal crashes statewide in 2022, while speeding accounted for 22 percent. The guidance explains how such conduct may constitute the “wrongful act, neglect, or default” required by statute and how an Arkansas car accident lawyer presents proof of breach and causation. The resource further distinguishes civil wrongful death actions from criminal proceedings, noting that civil liability is proven by a preponderance of the evidence rather than beyond a reasonable doubt.
Families receive a clear roadmap on who may file and who may benefit. In Arkansas, the personal representative of the estate typically files the wrongful death claim; if no representative has been appointed, the action may be filed by the heirs at law, a path that requires careful coordination so that no necessary party is omitted. The guidance underscores the statute of limitations for negligence-based wrongful death arising from motor vehicle crashes: three years from the date of death. The release clarifies common misconceptions by distinguishing the separate one-year refiling window after a nonsuit and the two-year period applicable to medical malpractice wrongful death.
The publication also explains Arkansas’s two-track framework for damages. The estate’s survival claim can seek medical expenses, funeral and burial costs, conscious pain and suffering, and lost wages tied to the decedent’s expected work-life. Separately, the family’s claim allows statutory beneficiaries such as a spouse, children, parents, and certain others to recover for loss of financial support, grief, and loss of companionship. Allocation among beneficiaries depends on each person’s demonstrated loss rather than an automatic equal split. The guidance notes that recoveries in wrongful death under Arkansas Code § 16-62-102(e) are protected from the decedent’s debts and do not enter the taxable assets of the estate, promoting direct relief to the family.
Attorney Gates encourages early legal action to protect evidence, identify all available insurance coverage, and respond to comparative fault allegations. The guidance outlines immediate steps after a fatal crash, including prompt preservation of vehicle Event Data Recorder information, timely requests for intersection or business-camera footage, and careful coordination with probate procedures to appoint a representative when needed.
About Gates Law Firm, PLLC:
Gates Law Firm, PLLC is a litigation-focused practice based in Little Rock, Arkansas, representing individuals and families in motor vehicle collisions, wrongful death, and serious personal injury matters. The firm handles claims involving impaired driving, distracted driving, commercial vehicle crashes, and hazardous roadway conditions throughout Arkansas. The team provides strategic case development from investigation through trial, with offices serving Pulaski County and surrounding communities. For consultations or additional information, contact Gates Law Firm, PLLC at (501) 779-8091 or visit the firm’s website to schedule a confidential case review.
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
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Phone: (501) 779-8091
Address:2725 Cantrell Rd # 105
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/
