How long do I have to file a personal injury claim in Arkansas?

In Arkansas, the statute of limitations for most personal injury claims is 3 years. You must file your lawsuit within 3 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in Arkansas personal injury cases?

In Arkansas: No cap on most personal injury damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in Arkansas?

Average personal injury settlements in Arkansas range from approximately $40,000–$160,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

Arkansas Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in Arkansas?

Arkansas uses Modified comparative fault (50% bar). Your compensation is reduced by your percentage of fault in causing the accident.

3 years Filing deadline

50% bar Fault system

$40,000 Avg settlement (low)

5 Common case types

Overview of Personal Injury Law in Arkansas

Arkansas follows a modified comparative fault system. Plaintiffs who are 50% or more at fault cannot recover damages. The general statute of limitations is 3 years for personal injury claims.

This guide covers the most important rules for personal injury claims in Arkansas, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Arkansas attorney for your specific situation.

Key Arkansas Personal Injury Statutes

Ark. Code § 16-56-105 (SOL)

Ark. Code § 16-64-122 (comparative fault)

Ark. Code § 16-62-102 (wrongful death)

Most Common Personal Injury Cases in Arkansas

Car Accidents

Workplace Injury

Slip & Fall

Medical Malpractice

Wrongful Death

Arkansas Damages Caps & Average Settlements

Damages Rule No cap on most personal injury damages

Average Settlement $40,000–$160,000

Fault System Modified comparative fault (50% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Arkansas.

Frequently Asked Questions — Arkansas Injury Law

How long do I have to file a claim in Arkansas?

In Arkansas, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: Ark. Code § 16-56-105.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Arkansas attorney to confirm your deadline.

What is Arkansas's fault system?

Arkansas uses Modified comparative fault (50% bar). Your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything.

Are there damage caps in Arkansas?

Arkansas damage rules: No cap on most personal injury damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Arkansas?

Personal injury settlements in Arkansas average approximately $40,000–$160,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in Arkansas? Get Help Now.

Personal injury laws in Arkansas can be complex and deadlines are strict. A qualified Arkansas personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Arkansas attorney for legal advice.