The Short Answer …
Civil lawsuits give you a way to seek compensation for injuries, property damage, or a wrongful death caused by another party’s wrongful act or omission. To recover compensation under Arkansas personal injury laws, you must meet strict filing deadlines and satisfy the burden of proof. In most cases, you must show that the defendant owed you a duty of care, the defendant breached this duty, and you were harmed as a direct result.
Key Takeaways
- To win a personal injury lawsuit, you must show that the defendant was responsible for the accident by a preponderance of the evidence.
- If you’re partially at fault (less than 50%), you can still recover reduced compensation thanks to Arkansas’ modified comparative fault laws.
- Most personal injury lawsuits are subject to a 3-year filing deadline from the date of the accident.
- Medical malpractice claims must be filed within 2 years of the wrongful act or within 1 year of the date of discovery.
- For injuries involving children, the statute of limitations is typically paused until their 18th birthday.
Elements of Proof in Arkansas Negligence Cases
Simply being hurt in a preventable accident doesn’t automatically mean you have a personal injury case. You must show that the injury was caused by another party’s negligence by a preponderance of the evidence. In other words, the evidence must show that your version of events is most likely true. In personal injury law, there are 4 elements of proof that your lawyer must demonstrate to establish fault.
- Duty: You must show that the other party had a duty to ensure your safety. For example, the grocery store had a duty to maintain clean, safe aisles or another motorist had a duty to drive safely.
- Breach: Next, you must show that the other party breached the duty of care through their actions or omissions. For example, a driver might breach the duty of care by failing to stop at a red light or a store might breach the duty by failing to clean up a spill in a reasonable amount of time.
- Causation: Often the most difficult element to prove, causation requires you to show that the defendant’s breach of duty was the sole and proximate cause of your injuries. Legally, this means that your injuries would not have occurred but for the defendant’s actions or omissions.
- Damages: Finally, your attorney must show that you experienced compensable losses/actual harm as a result of the accident. This may include medical expenses, physical pain and suffering, and lost wages.
Fault-Sharing: What Is Modified Comparative Fault?
Once you have proven that the other party’s negligence caused the accident, you still aren’t out of the woods. In some cases, multiple parties may share blame for an accident.
Example: You tripped and fell over a box in the aisle of a store because you weren’t paying attention, or you were speeding when you were hit by another motorist who was texting and driving.
Fortunately, Arkansas is a modified comparative fault state. This means that you are entitled to recover partial damages as long as you don’t bear primary responsibility for the accident. Any damages that you’re entitled to will be reduced by your degree of fault according to AR Code § 16-64-122. Here’s how this works:
Example: If you experienced $100,000 in damages but were 20% at fault, your compensation would be reduced to $80,000.
The party claiming compensation must have a lesser degree of fault than any other party they are seeking damages from. In most cases, this means that you must be less than 50% at fault. Otherwise, you will be barred from recovering compensation.
Key Deadlines: Understanding the Statute of Limitations
In most Arkansas personal injury cases, you have 3 years from the date of the accident to file a lawsuit per AR Code § 16-56-105. This deadline is known as the statute of limitations. If you miss this deadline, your case will be dismissed. It takes time to prepare a lawsuit and gather evidence, so it’s wise to contact a personal injury attorney as soon as possible if you think you have a case.
Exceptions to Arkansas’s 3-Year Filing Deadline
The 3-year deadline applies to personal injuries, property damage, and wrongful death, but there are some exceptions.
- Medical malpractice claims must be filed within 2 years of the wrongful act or 1 year from the date of discovery according to AR Code § 16-114-203.
- For minors, the statute of limitations is typically paused or tolled until the person’s 18th birthday, giving them until age 21 to file a lawsuit. (This exception does not apply to medical malpractice claims affecting children under 10.)
- For disabled individuals who lack capacity, the statute of limitations only begins counting down after they regain capacity or are declared legally competent by a court.
- The discovery rule gives you an additional 3 years from the date that the injury was discovered to file a lawsuit if your injuries weren’t immediately apparent.
- Claims against the government are subject to shorter filing deadlines. In most cases, you must provide advance notice of your intent to sue. Government agencies also have immunity from some claims.
What Is Your Claim Worth? Personal Injury Damages in AR
Filing a lawsuit for a civil tort allows you to seek compensation, also known as damages, for tangible and intangible losses related to the accident or injury. The goal of the civil legal system is to make the plaintiff whole in the eyes of the law, which means returning the person to the position they were in before the accident occurred. You may be entitled to the following types of compensation.
Economic Damages
Economic damages reimburse you for verifiable expenses related to the accident, such as:
- Past and future medical bills
- Lost wages due to time missed from work
- Travel to physical therapy or medical appointments
- Diminished work capacity affecting your future earnings
- Property damage affecting your home, vehicle, or belongings
Non-Economic Damages
Non-economic damages reimburse you for the non-monetary physical and emotional effects of the accident. Non-economic damages are subjective and evaluated on a case-by-case basis because they can’t be calculated by using receipts. Your attorney can value your damages and help you seek compensation for:
- Pain and suffering
- Emotional distress/mental anguish
- Loss of enjoyment of life
- Scars and permanent or disfiguring injuries
- Loss of consortium or companionship
Punitive Damages
Punitive damages are awarded in certain personal injury cases, such as wrongful deaths and accidents caused by recklessness or gross negligence. Although these damages go to the plaintiff, they’re intended to punish the defendant and prevent similar conduct in the future.
Caps on Damages
In most cases, there are no caps on damages in Arkansas personal injury cases. A previous cap of $250,000 on punitive damages was ruled unconstitutional in 2011. Per Article 5, Section 32 of the state constitution, “no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property.” However, the Arkansas Supreme Court can review verdicts and reduce awards that are deemed excessive.
In 2025, state lawmakers approved a bill limiting compensation for medical bills. House Bill 1204 officially became Act 28 on February 11, 2025. This legislation limits compensation to the amount actually paid for medical care, rather than the amount billed by the provider or paid by insurance. Unfortunately, this can also limit non-economic damages indirectly since total compensation is generally based on your actual expenses. Apart from this exception, a jury is free to award whatever compensation it deems fair and just without following arbitrary limits set by the government.
See How State Laws May Affect Your Injury Case
Arkansas personal injury laws can be nuanced and complex depending on the facts of your case and the nature of your injuries. Consult an attorney early in the process to understand your rights and determine how the law applies to your case.
Our legal team has an in-depth understanding of the state’s comparative fault rules and the statute of limitations. Don’t rely on the insurance company to represent your best interests. Contact Niblock Law Firm in Fayetteville for a free, no-obligation consultation to protect your right to compensation.