Wrongful Death Statute of Limitations in Arkansas

Last verified 2026-07 · Source: Ark. Code Ann. § 16-62-102 ✓ verified · 3 sources

The deadline

3 years

from Date of death, under Ark. Code Ann. § 16-62-102.

Under Ark. Code Ann. § 16-62-102, you have 3 years from Date of death to file a wrongful death lawsuit in Arkansas. Miss it and you lose the right to sue — but several Arkansas-specific exceptions can extend (or shorten) that window, detailed below.

Arkansas Deadlines for Related Claims

Claim type	Deadline	Statute
Wrongful Death	3 years	Ark. Code Ann. § 16-62-102
Car Accident	3 yrs	Ark. Code Ann. § 16-56-105
Credit Card Debt	5 yrs	Ark. Code Ann. § 16-56-111(a)
Medical Malpractice	2 yrs	Ark. Code § 16-114-203
Personal Injury	3 yrs	Ark. Code Ann. § 16-56-105(3)
Dog Bite	3 yrs	Ark. Code Ann. § 16-56-105 (3-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies
Slip and Fall	3 yrs	Ark. Code Ann. § 16-56-105
Defamation	3 yrs	Ark. Code Ann. § 16-56-105(5) (libel, 3 yr); § 16-56-104(3) (slander, 1 yr)
Breach of Contract	5 yrs	Ark. Code Ann. § 16-56-111
Medical Debt	5 yrs	Ark. Code Ann. § 16-56-111

When the Clock Starts

In Arkansas, the limitations period for wrongful death claims generally begins on Date of death. Arkansas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

Minors: the clock is generally paused while the injured person is under 18.
Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.
Government-claim trap: No general pre-suit notice requirement for state tort claims. State claims filed through Arkansas State Claims Commission (Ark. Code Ann. § 19-10-204); verified complaint required with original plus 3 copies. Commission can award up to $15,000; larger amounts need legislative approval. Local government tort liability governed by § 21-9-301 et seq.; recovery against local governments capped at available insurance coverage (minimum $25,000 for death of one person in vehicle accidents).
Damage caps: No statutory cap on wrongful death damages in private actions. State Claims Commission limited to $15,000 awards. Local government recovery limited to insurance coverage.

3-year SOL is general rule; 2-year SOL applies if wrongful death is based on medical malpractice. Extended SOL for defendants convicted of capital murder, first-degree murder, or second-degree murder (time period for murder prosecution applies). If case dismissed, 1 year from dismissal to refile. Personal representative files; if none exists, heirs at law may file. Beneficiaries: spouse, children, parents, siblings, persons in loco parentis. Minor tolling under § 16-56-116: persons under 21 at time cause of action accrues have 3 years after reaching 21 or removal of disability. Recovery protected from decedent's debts.

Source: Ark. Code Ann. § 16-62-102, official Arkansas statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for Arkansas government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Arkansas Compares to Nearby States

State	Deadline	Statute
Arkansas	3 years	Ark. Code Ann. § 16-62-102
Missouri	3 yrs	Mo. Rev. Stat. § 537.080; § 537.090; § 537.100
Tennessee	1 yr	Tenn. Code Ann. § 28-3-104
Mississippi	3 yrs	Miss. Code Ann. § 11-7-13; § 11-1-60
Louisiana	1 yr	La. C.C. Art. 2315.2
Texas	2 yrs	Tex. Civ. Prac. & Rem. Code § 16.003
Oklahoma	2 yrs	Okla. Stat. tit. 12, § 1053

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in Arkansas?

You have 3 years from Date of death, under Ark. Code Ann. § 16-62-102.

Can I still sue after 3 years in Arkansas?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

Arkansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

No general pre-suit notice requirement for state tort claims. State claims filed through Arkansas State Claims Commission (Ark. Code Ann. § 19-10-204); verified complaint required with original plus 3 copies. Commission can award up to $15,000; larger amounts need legislative approval. Local government tort liability governed by § 21-9-301 et seq.; recovery against local governments capped at available insurance coverage (minimum $25,000 for death of one person in vehicle accidents).

Sources

Official Arkansas Code § 16-62-102 - Wrongful Death Actions - Survival - Justia
Corroborating Wrongful Death Lawsuits in Arkansas - Nolo
Corroborating Arkansas Civil Statute of Limitations Laws - FindLaw
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arkansas attorney.