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- The Arkansas statute of limitations for wrongful death is three years, which means you have three years from the date of death to file a wrongful death lawsuit.
- Limited exceptions, such as cases involving minors, may extend to the statute of limitations deadline.
- If you file late and miss the deadline, you lose your right to seek compensation in court.
- Acting immediately and filing early will help preserve crucial evidence and strengthen your claim.
- An experienced Arkansas wrongful death lawyer can evaluate your claim and ensure you meet the required legal deadlines.
In Arkansas, a wrongful death occurs when someone dies due to another person’s neglect or other wrongful actions—meaning the deceased could have pursued a personal injury claim had they survived. The Arkansas statute of limitations for wrongful death is generally three years, so it’s important to act quickly to protect your right to seek damages.
Our seasoned wrongful death attorneys at NST Law are here to support you through every step of your claim. We have significant experience pursuing maximum compensation through insurance claims and lawsuits. Let us focus on your case so you and your family can grieve and focus on each other.
Arkansas Statute of Limitations for Wrongful Death
Each state sets deadlines for filing different types of civil lawsuits, known as the statutes of limitations. Under Arkansas Code § 16-62-102, you have three years from the date of death to file a wrongful death claim. If you miss this deadline, you may lose your right to seek compensation through a lawsuit.
If you suspect someone else’s actions caused your loved one’s death, it’s important to act quickly. Arkansas law determines who can file a wrongful death claim. Sorting out who can file and other issues as soon as possible will allow your attorney to begin investigating the circumstances of your claim to build a strong case on your behalf.
Exceptions to the Arkansas Wrongful Death Statute of Limitations
Some exceptions affect the Arkansas wrongful death lawsuit deadline. In some cases, the limit is “tolled” or paused. In others, the legislature created a different deadline to address a specific type of wrongful death claim.
Medical Malpractice Cases
Under Arkansas Code § 16-114-203, if your claim is based on medical malpractice, you must file it within two years of the act that caused the death. Arkansas courts have ruled that in medical malpractice cases, a two-year deadline applies and not the three-year wrongful death statute of limitations.
The Discovery Rule
If there is a delay in discovering an action that caused death, a judge may pause the start of the statute of limitations. For example, the Arkansas Supreme Court has ruled that in product liability claims, the three-year statute of limitations begins only when the plaintiff knows or reasonably should have known that a product caused the injury.
If you have any questions about the cause of your loved one’s death, contact our skilled Arkansas wrongful death attorneys. With over three decades of experience handling similar claims, we can help determine if you have a valid case and guide you through the process of seeking compensation.
Minors
Under Arkansas Code § 16-56-116, the Arkansas statute of limitations for wrongful death claims is paused for minors who have a claim until their 18th birthday. However, for wrongful death claims based on medical malpractice, minors over the age of nine generally have two years to file a claim.
Mentally Unfit
The same law that pauses the statute of limitations for minors also applies to individuals who a court has ruled mentally unfit to bring a claim. These individuals have three years from the date their disability is removed to file a claim, except in medical malpractice cases, where different rules may apply.
The Defendant Prevents a Lawsuit
Based on Arkansas Code § 16-56-120, courts will pause the statute of limitations for wrongful death if the defendant leaves the county, hides, or takes other actions to avoid being sued. To benefit from this exception, you must demonstrate to the judge that you have tried to locate the defendant.
There are serious consequences for missing the statute of limitations. Contact our Arkansas personal injury lawyers quickly so we can start on your claim and ensure it is filed on time.
What Happens if You Miss the Deadline?
If you miss the wrongful death filing deadline in Arkansas, even by one day, a judge will likely dismiss your case, regardless of the strength of your evidence of the other party’s liability. While it may feel unfair, filing deadlines are strictly governed by law.
If you believe you qualify for an exception to the statute of limitations, you should immediately contact an Arkansas wrongful death lawyer to confirm when you must file. If you believe you have missed the deadline to sue, contact us for a case review to determine if an exception applies.
Insurance companies and defendants often use the statute of limitations as a defense to dismiss claims. Don’t let that happen. Partner with our knowledgeable Arkansas wrongful death lawyers to ensure your case is filed on time or identify which deadline exception may apply in your case.
Why You Should File a Wrongful Death Claim as Soon as Possible
Don’t let time limits prevent you from seeking justice for your loved one and the compensation your family deserves after a wrongful death. Evidence can disappear over time, and witness memories fade. Partner with our trusted attorneys to handle your claim well before the Arkansas statute of limitations for wrongful death is set to expire.
Starting early allows your attorney to thoroughly investigate the case, building a stronger claim with a better chance of success. Acting quickly also signals to the insurance company and defendant that you are prepared to go to court if necessary, which may encourage them to offer you a fair settlement.
Contact Our Arkansas Wrongful Death Lawyers Today
At NST Law, we’ve built our reputation as the “Champions for the Injured.” We understand what families go through after a loved one dies. Let us relieve some of your burdens by dealing with insurance companies, seeking fair compensation, and going to court if necessary.
We adhere to the Six Pillars of NST Law and will treat you compassionately, personalize your representation, and use every available resource to seek fair damages in your wrongful death claim. You can count on our team of award-winning attorneys to file your claim within the Arkansas statute of limitations for wrongful death and alert the other party that we are not backing down.
We don’t just say we help victims—we have a solid history of positive case results and a track record of successful verdicts and judgments to back it up. We’ve recovered over $2 billion for our deserving clients and have over 1,400 five-star client reviews praising our dedication and ability to get results.
We’re passionate about our clients and the communities we serve. If your loved one died due to someone else’s actions, contact us today by completing our online contact form or calling 800-529-4004 for a free consultation.
