When someone dies because of another person’s negligence, Arkansas law gives surviving family members the right to pursue accountability and compensation for what they’ve lost. These cases move quickly, and the steps your family takes in the weeks after a fatal accident can shape the entire outcome.
If you are looking for a wrongful death attorney near you, LeVar Law Injury & Accident Lawyers is here to help. Our attorneys have represented grieving families throughout Arkansas since 2013. If your family has lost someone due to another party’s negligence, we can tell you what to do right now to protect your family’s rights. For a free consultation with experienced wrongful death lawyers in Bentonville, AR, contact our law firm today.
What Qualifies as Wrongful Death in Arkansas?
Under Ark. Code Ann. § 16-62-102, a wrongful death occurs when a person dies because of another party’s wrongful act, neglect, or default. If the deceased had been able to bring a valid injury claim had they survived, their family may pursue compensation in their place.
That definition covers a wide range of situations: fatal vehicle crashes, deaths on unsafe property, workplace accidents, and deaths caused by medical errors, among others. The key question is always whether someone else’s failure to act reasonably caused or contributed to the death.
Criminal Charges Do Not Need to Be Filed to Pursue a Wrongful Death Lawsuit
One thing families often want to know early on is whether a wrongful death case depends on criminal charges being filed. It does not. Wrongful death is a civil claim, completely separate from any criminal proceeding. Civil cases use a lower standard of proof than criminal ones, and families have successfully pursued wrongful death claims even when no charges were ever filed or when a criminal case did not result in a conviction.
Survival Actions and Wrongful Death Claims
A companion claim worth knowing about is the survival action under Ark. Code Ann. § 16-62-101. This allows the estate to pursue losses the deceased could have claimed had they survived, including conscious pain and suffering before death. Both claims can be filed simultaneously, and together they often produce a more complete recovery for the family.
Who Can File a Wrongful Death Claim in Arkansas?
Arkansas law requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This is typically someone appointed through the probate process to administer estate affairs. In some circumstances, the heirs at law may file directly, though consulting an attorney before proceeding without a personal representative is strongly advised.
If your family needs to establish a representative before moving forward, probate court forms are available through the Arkansas Courts system.
Who Can Receive Compensation?
The state identifies who qualifies as a beneficiary and may share in any recovery. This often includes the surviving spouse, children, parents, brothers and sisters of the deceased, and any person who stood in a parental relationship to the deceased, regardless of formal legal status.
Arkansas does not divide settlements equally among beneficiaries. Courts and juries look at each person’s actual, individual losses: financial dependence on the deceased, the closeness of the relationship, and other personal factors. A child who was financially dependent on the deceased parent will likely receive a larger share than an adult sibling who was not.
Sorting out who can file and who qualifies as a beneficiary is one of the first things a wrongful death attorney can work through with you.
Common Causes of Wrongful Death in Northwest Arkansas
Northwest Arkansas has grown significantly, and that growth has brought heavier traffic, a larger commercial trucking presence, and expanded construction activity. Each of those trends contributes to more serious and fatal accidents in the Bentonville area.
- Vehicle Crashes: Interstate 49 and Highway 71 carry heavy commercial truck traffic, and fatal collisions involving large trucks often support claims against both the driver and the carrier.
- Dangerous Property Conditions: A poorly maintained staircase, inadequate lighting in a parking structure, or absent security at a venue can each support a premises liability claim when a death results.
- Construction Accidents: When worksite safety standards are not followed, third-party claims against contractors, equipment manufacturers, or property owners may be available outside of workers’ compensation.
- Medical Negligence: Deaths caused by medical errors carry a shorter two-year filing deadline under Arkansas’s Medical Malpractice Act (Ark. Code Ann. § 16-114-203), rather than the standard three-year window.
How Liability Is Proven in a Wrongful Death Case
Proving a wrongful death claim in Arkansas requires establishing four elements: the defendant owed the deceased a duty of care, they breached that duty, the breach caused the death, and measurable damages resulted. These are the same foundational elements required in any valid wrongful death claim under Arkansas personal injury law.
The evidence that matters most varies by accident type but typically includes:
- Accident reconstruction reports and crash scene analysis
- Medical records documenting the cause of death
- Witness statements and surveillance footage
- Workplace safety inspection records
- In commercial truck cases: electronic logging device data and driver qualification files
Liability May Be Shared by Multiple Parties
Multiple parties can also share liability in a single fatal accident. A crash involving a commercial driver may expose the trucking company, a maintenance contractor, or a parts manufacturer to liability alongside the driver. Identifying every responsible party from the start often leads to a more complete recovery for the family.
What Damages Are Recoverable in Arkansas Wrongful Death Cases?
Arkansas law allows recovery for both economic and non-economic losses in wrongful death cases. Under Ark. Code Ann. § 16-62-102(f), the court or jury may award fair and just compensation for pecuniary injuries, and Arkansas courts have interpreted that language broadly.
Economic Damages
Economic damages can include:
- Medical expenses incurred before the death
- Funeral and burial costs
- The deceased’s projected future earnings and employment benefits
- The value of the household services the deceased provided to the family
Non-Economic Damages
Non-economic damages include loss of companionship, loss of services, and mental anguish. Arkansas law expressly states that mental anguish includes the grief that comes with losing a loved one. Families do not need a clinical diagnosis to recover damages for that loss.
Survival Action
A survival action under Ark. Code Ann. § 16-62-101 may add further recovery for losses the deceased could have pursued had they lived, including conscious pain and suffering experienced before death. Both a wrongful death claim and a survival action can run simultaneously, which can significantly increase the overall compensation for families after a fatal accident.
Deadlines and Timing: The Arkansas Filing Window
Under Arkansas Code Annotated § 16-62-102, families have three years from the date of death to file a wrongful death lawsuit. If that deadline passes, courts will almost certainly dismiss the case regardless of how strong the evidence is. The clock starts on the date of death, not the date of the underlying accident if those dates differ.
One exception applies when the death resulted from medical negligence. In these cases, there is typically a two-year deadline to file a lawsuit.
Three years can feel like ample time, but it rarely is. Surveillance footage gets overwritten. Physical evidence gets discarded. Witnesses move, and their recollections fade. Insurance adjusters begin building the defense immediately after a fatal incident. The earlier a wrongful death lawyer gets involved, the better positioned the family is to preserve what matters most.
What to Do After a Fatal Accident in Bentonville
The period right after a fatal accident is disorienting, and most families have no idea what legal steps are even necessary. A few actions taken early can make a real difference.
Get an Official Incident Report
Get the incident report. Whether it’s a police crash report, a workplace incident report, or hospital records, request copies as quickly as possible.
Preserve All Physical Evidence
Preserve physical evidence. Don’t authorize vehicle repairs or salvage before an attorney reviews the situation. If the accident occurred on a property, photograph the scene before anything is altered.
Avoid Direct and Immediate Conversations with Insurers
Don’t communicate directly with insurance companies. Adjusters often reach out within days after a fatal accident. They may ask for recorded statements or offer early settlements that don’t reflect the full value of the claim.
Discuss What Happened with an Attorney
Speak with a Bentonville personal injury lawyer who handles wrongful death cases before signing anything or accepting any offer.
How a Bentonville Wrongful Death Lawyer Helps Your Family
Working with our wrongful death attorneys means having someone who acts quickly and stays involved at every stage.
Investigation
Evidence in fatal accident cases disappears fast. Surveillance footage gets overwritten within days. Physical evidence gets repaired or discarded. From the moment we take a case, our team sends preservation notices, identifies every potentially liable party, and secures the records that matter before they are gone. Every case gets a dedicated case manager and two attorneys, one of whom is Alan LeVar personally.
Negotiation
When you bring us a case, it is not just yours; it becomes ours, too. We handle all communication with insurers, so families are not managing adjuster pressure alone. We build demand packages around the full value of the claim: economic losses, mental anguish, loss of companionship, and survival action damages where applicable. We do not settle for what is convenient.
Trial Readiness
LeVar Law Injury & Accident Lawyers takes cases to trial, even when amounts involved are ones other firms would settle to move on. Alan LeVar’s background as a deputy prosecuting attorney and public defender gives him a distinct perspective on fighting for the underdog. Insurance companies know this firm does not simply go away, and that reputation consistently produces better outcomes before trial becomes necessary. Free initial consultations are available.
Frequently Asked Questions About Wrongful Death Claims in Bentonville
How long do I have to file a wrongful death lawsuit in Arkansas?
Three years from the date of death under Ark. Code Ann. § 16-62-102. If the death involved medical negligence, the two-year deadline under Arkansas’s Medical Malpractice Act typically applies instead. In either case, contact an attorney as early as possible. Delays cost you evidence.
Can we pursue a wrongful death case if the defendant isn’t convicted, or no charges are filed?
Yes. Wrongful death is a civil claim, not a criminal one. Civil cases require proof by a preponderance of the evidence rather than the beyond-a-reasonable-doubt standard used in criminal court. Families have successfully pursued and won civil wrongful death cases even when no criminal charges were brought, or when a criminal case ended without a conviction.
How is a wrongful death settlement divided among family members in Arkansas?
Arkansas does not divide settlements equally. The court or jury looks at each beneficiary’s individual losses: their financial dependence on the deceased, the nature of the relationship, and other personal circumstances. A child who relied on the deceased parent for financial support may receive a larger share than an adult sibling who was financially independent.
What if the at-fault party was working for a company, or a business contributed to the death?
Employers can be held liable for an employee’s actions taken within the scope of employment. If a driver, contractor, or other worker caused the fatal accident while on the job, the company that employed them may share legal responsibility. In commercial truck cases, the carrier is often a named defendant alongside the driver. Our team investigates all potential sources of liability from the first day, because identifying every responsible party often leads to a more complete recovery.
Contact a Bentonville Wrongful Death Attorney Near You
Losing a family member is devastating. You deserves real answers and real representation. At LeVar Law Injury & Accident Lawyers, we are ready to help families in Northwest Arkansas pursue full compensation the law allows. For a free consultation with our Bentonville wrongful death lawyers, contact our law firm online.