From Gates Law Firm PLLC – Car Accidents and Wrongful Death Claims in Arkansas explores how families in Arkansas navigate the legal maze after fatal car crashes. In the opening episode we’ll introduce listeners to the foundational laws of wrongful death in Arkansas, notably how Arkansas Code § 16‑62‑102 defines such claims when the death is “caused by a wrongful act, neglect, or default.” We’ll unpack the difference between civil and criminal proceedings, showing why a family may pursue a claim even if a driver avoids criminal conviction.
The second segment dives into who can file a claim and when — detailing the roles of the personal representative and heirs at law in Arkansas, and clarifying the three‑year statute of limitations under Arkansas Code § 16‑62‑102(c)(1). We’ll explore what it means when evidence vanishes, witnesses fade, and the window for justice grows smaller, highlighting critical early steps after a tragic car accident.
Next, we’ll examine how negligence is proven in fatal collisions, discussing the four elements: duty of care, breach, causation, and damages. From speeding, DUIs and distracted driving to the modified comparative fault rule — we’ll explain how the deceased’s share of fault can reduce or eliminate recovery under Arkansas law, making it essential to build a strong case swiftly.
Finally, we’ll break down the unique damage categories available under Arkansas law: the Estate Claim (or Survival Action) and the Family Claim. We’ll share real‑world scenarios that illustrate how medical bills, funeral expenses, lost income, emotional loss and loss of companionship are addressed. Whether you’re a grieving family member, legal advocate or someone interested in personal injury law, this podcast offers clarity, compassion and a roadmap forward.
Gates Law Firm PLLC
2725 Cantrell Rd # 105, Little Rock, AR 72202, United States
(501) 779-8091
