Wrongful Death Lawsuits in Arkansas

The personal representative of the person who died brings the action; if there is none, the heirs at law bring it. The beneficiaries are the surviving spouse, children, father, mother, brothers and sisters, plus people who stood in the place of a parent to the deceased (or to whom the deceased stood in the place of a parent). The recovery is not subject to the deceased person's debts. The statute also covers the death of an unborn child, with exceptions such as legal abortion and fault of the pregnant woman.

A wrongful death lawsuit must be filed within three years after the death. If the defendant was convicted of capital murder or first- or second-degree murder, the suit may be filed within the time allowed for bringing a murder charge. If the case is dismissed without prejudice (nonsuit), it may be refiled within one year.