BSPE Legal Marketing Podcast
BSPE Legal Marketing podcasts discuss legal issues. Entertainment only does not constitute legal advice.
BSPE Legal Marketing Podcast
Who Can File a Wrongful Death Claim in Arkansas? - Joseph Gates
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From Gates Law Firm PLLC - Who Can File a Wrongful Death Claim in Arkansas? breaks down how Arkansas law limits who has legal standing after a loved one’s death, focusing on the role of the personal representative and when heirs at law can step in.
In this episode, Little Rock wrongful death attorney Joseph Gates explains the core rule under Arkansas Code § 16-62-102: the personal representative of the estate files the wrongful death lawsuit on behalf of all beneficiaries. You’ll also hear how probate proceedings in County Circuit Court can lead to the court appointing an executor or administrator, and how filings may run through places like Pulaski County Circuit Court at 401 West Markham Street in Little Rock.
The conversation then maps out the statute’s list of statutory beneficiaries—surviving spouse, children (biological and adopted), parents, siblings (including half-siblings)—and clarifies who is not included, like aunts, uncles, cousins, and most grandparents. A key segment unpacks in loco parentis (“in the place of a parent”), including situations involving a stepparent, stepchild, grandparent, niece, or nephew, and what courts look for—parental care, financial support, guidance, and involvement in education or medical decisions.
Finally, the episode covers why Arkansas recognizes one collective wrongful death action, how judges can divide damages, and what happens when families dispute who should file—especially under Arkansas Code Ann. § 16-62-102(b) and settlement oversight in Arkansas Code § 16-62-102(h). For listeners facing losses tied to negligence—like fatal car accidents, medical errors, or workplace incidents—Gates Law Firm PLLC shares next steps and offers a free consultation at (501) 779-8091, with an office located at 2725 Cantrell Road serving families in Little Rock and across Arkansas.
Gates Law Firm PLLC
2725 Cantrell Rd Ste 200 Little Rock, AR 72202, United States
(501) 779-8091