LITTLE ROCK, AR – Arkansas law strictly limits who has legal standing to file wrongful death lawsuits following a person’s death. Little Rock wrongful death attorney Joseph Gates of Gates Law Firm PLLC (https://www.gateslawpllc.com/who-can-file-a-wrongful-death-claim-in-arkansas/) explains the legal requirements for filing wrongful death claims and identifies which family members qualify under state law.
According to Little Rock wrongful death attorney Joseph Gates, Arkansas Code § 16-62-102 requires that the personal representative of the deceased person’s estate file the wrongful death lawsuit on behalf of all eligible beneficiaries. “The personal representative acts as the central authority to prevent multiple family members from filing separate lawsuits over the same death,” explains Gates.
Little Rock wrongful death attorney Joseph Gates emphasizes that when no personal representative has been appointed, the heirs at law can file the claim directly. Eligible heirs include the surviving spouse, children of any age, parents, siblings, and persons who stood in loco parentis to or with the deceased. The statute creates an exhaustive list that excludes extended family members such as aunts, uncles, and cousins unless they qualify under the parental relationship exception.
Attorney Gates notes that proving an in loco parentis relationship requires demonstrating that someone provided parental care, financial support, and guidance to the deceased or received such care from the deceased. “Courts examine whether the person took responsibility for the child’s welfare, including regular financial support and involvement in education and medical care,” he adds.
The firm handles cases throughout Arkansas, including matters filed at Pulaski County Circuit Court located at 401 West Markham Street in Little Rock. Gates advises that Arkansas law creates one collective wrongful death action rather than separate claims for each family member, with the court determining each beneficiary’s share of damages based on their relationship to the deceased and their losses.
“Understanding legal standing is critical before attempting to file a wrongful death claim,” observes Gates. Under Arkansas Code § 16-62-102, wrongful death claims brought without including every statutory beneficiary are subject to dismissal regardless of the case’s merits. The statute also grants circuit courts jurisdiction to approve settlements and consider the best interests of all beneficiaries when family members disagree about case decisions.
For families who have lost loved ones due to negligence, contacting an experienced wrongful death attorney may help identify all eligible beneficiaries and protect their legal rights. Gates Law Firm PLLC represents personal representatives and heirs at law in pursuing compensation for funeral costs, lost income, and emotional loss resulting from fatal accidents, medical errors, and workplace incidents.
About Gates Law Firm PLLC:
Gates Law Firm PLLC is a Little Rock-based law firm dedicated to wrongful death and personal injury cases. Led by attorney Joseph Gates, who has over a decade of experience and serves on the Board of Governors for the Arkansas Trial Lawyers Association and American Association for Justice, the firm helps families throughout Arkansas seek justice after tragic losses. For consultations, call (501) 779-8091.
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Email: Gates@GatesLawPLLC.com
Website: https://www.gateslawpllc.com/
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
Email: Send Email
Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/
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