Arkansas Personal Injury Law Resources

If you've been injured in an accident in Arkansas, understanding the state's personal injury laws will help you protect your rights and pursue fair compensation. Arkansas uses a modified comparative negligence system that allows partially at-fault plaintiffs to recover damages — but only if their share of fault stays below 50%. The state also provides strong protections for plaintiffs through a constitutional prohibition on most damage caps.

Statute of Limitations

Arkansas provides a three-year statute of limitations for most personal injury claims under Arkansas Code § 16-56-105. You generally have three years from the date of the injury to file a lawsuit in civil court. This three-year deadline also applies to property damage and wrongful death claims.

Arkansas recognizes a discovery rule for situations where injuries are not immediately apparent. In those cases, the statute of limitations may begin running from the date the injury was discovered or reasonably should have been discovered.

Shorter Deadlines for Specific Cases

Several categories of personal injury claims carry shorter filing deadlines in Arkansas:

• Medical malpractice claims must be filed within two years of the wrongful act or one year from the date of discovery, whichever provides more time (AR Code § 16-114-203).
• Wrongful death claims based on medical malpractice follow the same shortened timeline.
• For minors, the statute of limitations is generally tolled (paused) until the child turns 18, giving them until age 21 to file.

Modified Comparative Negligence

Arkansas follows a modified comparative negligence rule under Arkansas Code § 16-64-122. If you are found partially at fault for the accident that caused your injuries, your damages are reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you are completely barred from recovering any compensation.

For example, if a jury awards $100,000 in damages and determines you were 30% at fault, you would receive $70,000. But if the jury found you 50% or more responsible, you would receive nothing.

This rule makes gathering strong evidence and establishing the other party's fault critically important in Arkansas personal injury cases. Insurance adjusters frequently raise comparative fault as a negotiation tactic to reduce settlement offers.

Damage Caps

The Arkansas Constitution (Article 5, Section 32) prohibits caps on most types of personal injury damages. This means there is no statutory limit on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering, emotional distress) in most personal injury cases.

The one exception is punitive damages, which are subject to statutory limitations. Punitive damages are intended to punish defendants for especially egregious conduct and are not available in every case. Arkansas has enacted reforms limiting punitive damage awards, and these caps have been a topic of ongoing legal discussion in the state.

Auto Insurance Requirements

Arkansas is an at-fault (tort) state for auto insurance. The driver who caused the accident is financially responsible for the resulting damages. Under Arkansas Code § 27-22-104, drivers must carry minimum liability coverage of 25/50/25:

• $25,000 per person for bodily injury or death
• $50,000 per accident for bodily injury or death
• $25,000 per accident for property damage

Insurance companies in Arkansas are also required to offer uninsured/underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) when you purchase a policy, though these coverages are optional. Given that Arkansas has one of the higher uninsured driver rates in the country (approximately 17% of drivers), UM/UIM coverage can be particularly valuable.

Driving without insurance in Arkansas can result in fines ranging from $50 to $1,000 depending on the number of offenses, along with possible license suspension and even jail time for repeat violations.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Arkansas are filed in Circuit Court, which serves as the state's general jurisdiction trial court. Cases are typically filed in the county where the injury occurred or where the defendant resides. Smaller claims may be handled in District Court depending on the amount in controversy.

Common Types of Personal Injury Cases in Arkansas

Arkansas sees a wide range of personal injury claims including motor vehicle accidents (particularly along Interstate 40 and Interstate 30), trucking collisions, motorcycle accidents, premises liability (slip and fall), medical malpractice, product liability, dog bites, and wrongful death. Workplace injuries, particularly in agriculture and manufacturing, are also common, though these are often handled through the state's workers' compensation system.

This page provides general legal information about Arkansas personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Arkansas to discuss the specific facts of your case.