Nothing quite compares to getting the startling news that your loved one died due to someone else’s careless actions. You may be experiencing a range of emotions, from grief and despair to anger and uncertainty. During this challenging time, you need a skilled legal advocate who can protect your rights and your loved one’s legacy and hold the negligent parties accountable for their reprehensible conduct.
At Horton Personal Injury Lawyers, we understand that no amount of compensation can ever replace your loved one. Still, filing a wrongful death lawsuit may be the only way to publicly acknowledge the wrongful conduct of the party who caused your loved one’s death and provide some semblance of justice. Our Arkansas wrongful death attorneys can compassionately guide you through the legal process. Contact us today for a free, no-obligation consultation.
Under Arkansas law, a wrongful death occurs when a person or unborn child is caused by “a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued.” In essence, a wrongful death claim would have provided legal grounds to file a personal injury case, but because the actions caused the victim’s death, someone else sues on behalf of the victim.
Under this definition, a wrongful death claim may result because of negligent conduct – such as a car accident – or intentional conduct – such as murder. To win a wrongful death case, you must be able to show the following legal elements:
If you are the plaintiff in a wrongful death or personal injury case, you bear the burden of proof. This means you must present evidence and testimony that shows the facts are more likely than not to support the elements discussed above.
Our dedicated legal team provides compassionate guidance to help you and your family during this pivotal time in your lives. We know that you are understandably focused on your grief and your family. We try to ease the burden as much as possible and handle the legal process for you.
Our wrongful death and personal injury attorneys relentlessly pursue accountability and financial support following a wrongful death by:
Our lawyers have successfully helped thousands of clients and recovered millions of dollars. We are members and committee members of various legal organizations, including the Arkansas Bar Association, Arkansas Trial Lawyers Association, the Benton County Bar Association, W.B. Putnam Inns of Court, and the American Bar Association. We are also involved in local charitable efforts, including Kiss-A-Pig for NWA Diabetes and Big Brothers Big Sisters of NWA.
Count on our confident legal presentation to pursue the compensation and justice you deserve.
Wrongful death cases often arise from the same types of incidents that serve as the basis for personal injury cases. Some of the most common causes of wrongful death include the following:
According to the National Highway Traffic Safety Administration (NHTSA), 17,140 people died in fatal car accidents in the first six months of 2025. Whether on I-40 or a rural road, automotive vehicle accidents in Rogers, AR, can cause deadly consequences due to a slight driver error.
Large truck accidents are often fatal due to the significant size and weight difference between semi trucks and smaller passenger cars. If you lost a loved one in a truck accident, various parties could be responsible, including the truck driver, trucking company, cargo loading company, or other party. An experienced wrongful death attorney can investigate your case and determine who is liable.
Due to the lack of protection afforded to motorcycles, motorcycle accidents can easily turn fatal, even at slow speeds. Our legal team can investigate if a negligent motorist can be held liable for your loved one’s passing.
A slip and fall accident can turn deadly when the victim falls from a height or lands in a vulnerable way. Property owners are responsible for maintaining their properties to avoid foreseeable injuries and can be held liable when they fail to uphold this legal duty.
Medical errors are another leading cause of unintentional death. Medical malpractice occurs when healthcare providers deviate from the standard of care and harm or kill their patient. Surviving family members may be able to pursue compensation for their loved one’s death.
While many wrongful death cases arise from unintentional accidents, such as car and truck accidents, others occur due to intentional misconduct. Arkansas law provides separate rules regarding filing deadlines when the case involves murder or other criminal conduct.
Arkansas’ wrongful death law states that the personal representative must file a legal claim if one exists. Otherwise, the heirs at law of the deceased person can bring forth the claim, which may include the surviving spouse, adult child, parent, or other relative.
Although the personal representative files the legal action, they do so on behalf of the beneficiaries, who may be:
In some situations, a case may involve a wrongful death claim and a criminal case. For example, a drunk driving accident can involve both a criminal case and a civil one. The same set of facts may support both types of cases. However, there are significant differences.
Wrongful death claims seek financial compensation for the benefit of the decedent’s beneficiaries to help ease the financial burden brought on by the premature death and to acknowledge their grief. Criminal cases are filed to punish the wrongdoer and prevent similar conduct in the future.
The burden of proof is higher in criminal cases, requiring proof beyond a reasonable doubt, rather than a civil case’s proof by the preponderance of the evidence. Therefore, it is easier to secure a favorable outcome in a civil case than it is to obtain one in a criminal case. A criminal conviction is not necessary to win a civil wrongful death claim.
However, if a conviction is secured in a criminal case, this can benefit the wrongful death claim, as it may not be necessary to relitigate certain aspects of the criminal case. Just because there is a criminal conviction, that does not mean that you can’t file a wrongful death case to seek financial compensation, in addition to any criminal penalty imposed.
In addition to a wrongful death case, the personal representative of an estate can file a survivor claim. While similar, wrongful death and survival claims have key differences. One is their purpose.
A wrongful death claim seeks to benefit the decedent’s loved ones, recognizing both their financial losses and emotional ones. A survival claim seeks reimbursement for the expenses the estate incurred as a result of the accident. The proceeds of wrongful death claims are paid directly to surviving family members, while those from a survival action are paid to the estate. Survival action proceeds are then distributed according to the decedent’s will.
Compensation obtained through a survival action is taxable, while wrongful death proceeds are not. Additionally, creditors can access the amounts paid as damages in a survival action but not in a wrongful death claim.
An experienced lawyer can review your situation and explain whether you should file a wrongful death claim, a survival action, or both.
Wrongful deaths cause unimaginable harm to surviving family members. They take a huge physical, emotional, and financial toll. A wrongful death claim allows survivors to recover compensation for both their economic losses and those that are more subjective in nature.
While no amount of compensation could ever replace your loved one, a successful claim ensures that the family doesn’t have to carry an undue financial burden after the death of a loved one.
Through a personal injury claim, you can seek compensation for the following damages:
In a survival action, the personal representative can seek compensation for the following:
The Arkansas Jury Instructions instruct jurors to award damages in an amount that will be fair and just when they decide a defendant committed wrongful death. The jury can consider the following factors when determining the value of pecuniary injuries:
Some damages will be based on economic figures, such as medical expenses and burial costs, while others are based on emotional losses that are difficult to quantify. An experienced wrongful death lawyer can evaluate your situation and explain the potential value of your wrongful death claim.
The statute of limitations establishes the timeline that you have to take legal action after a cause of action arises. To file a wrongful death lawsuit, you must do so within three years of your loved one’s death. There are some exceptions, such as if your loved one was murdered, that can give you additional time to file.
An experienced lawyer can evaluate your situation and explain how long you have to file. If you don’t file your case in time, it can be dismissed as untimely filed. Protect your rights by reaching out to an experienced attorney.
If your loved one died due to someone else’s actions, an experienced wrongful death claim attorney from Horton Law can review your situation. Our law firm has extensive experience handling wrongful death claims and can fight to protect your loved one’s legacy. Contact us today for your free case consultation.