Arkansas allows three years to file most injury claims and two for medical injury. A claimant whose fault equals or exceeds the defendant’s recovers nothing. Arkansas is one of very few states whose constitution forbids the legislature from capping what an injured person recovers.
Monge & Associates Little Rock personal injury lawyers WIN BIG for injury victims who have been injured by someone else’s fault. Call us today to find out how much your case is really worth.
Do I Have a Personal Injury Case Under Arkansas Law?
Most personal injury cases in Arkansas use the legal theory of negligence to prove liability. Proving negligence requires showing the following legal elements:
- Duty of care: The at-fault party owed you a duty of care under the law. For example, all motorists must follow the rules of the road and avoid collisions.
- Breach of duty: The at-fault party did something or failed to do something that violated the duty of care. For example, a motorist may have sped or been distracted.
- Causation: The at fault party’s actions are the legal and proximate cause of the accident. The accident would not have happened but for the defendant’s breach of duty.
- Damages: Damages are the losses that you suffered because of the incident, such as medical bills, lost wages, and pain and suffering.
Under Ark. Code Ann. § 16-55-207, an injury victim must prove these legal elements by the preponderance of the evidence, meaning that they must show that the facts are more likely than not (more than 50%) as they allege.
Your case must also be filed within the applicable statute of limitations.
How Long Do You Have to File in Arkansas?
Personal injury cases in Arkansas have different filing deadlines, depending on the circumstances.
|
Claim type |
Period |
Runs from, and the citation |
|---|---|---|
|
Most negligence claims |
3 years |
Accrual of the cause of action — Ark. Code Ann. § 16-56-105 |
|
Wrongful death |
3 years |
The date of death, not the date of injury — § 16-62-102(c) |
|
A claim by a minor or a person under disability |
Extended |
Three years after the disability is removed — § 16-56-116, displaced for medical injury by § 16-114-203(c) |
|
A claim on your own UM or UIM policy |
Contract period |
A contract claim, not a tort claim — the tort deadline does not govern it |
Keep in mind that the filing deadline is not the investigative deadline. Electronic control module data on a commercial truck can be overwritten in days, surveillance footage is routinely purged in 30 days, and a spoliation letter must be sent out before these things happen, so don’t delay in contacting an experienced personal injury lawyer.
What Is Your Arkansas Injury Claim Worth?
Most damages awarded in Arkansas personal injury cases are compensatory in nature – they compensate the victim. These can be either economic or non-economic damages. Economic damages are direct financial losses sustained by the victim such as:
|
Type of Damage |
Definition |
Evidence to Prove It |
|---|---|---|
|
Past medical expenses |
Medical expenses you have already incurred, such as emergency medical treatment |
Medical bills, hospital admissions records, testimony from doctors |
|
Ongoing medical care |
Follow-up treatment with your primary care physician or specialists, rehabilitation, and therapy |
Medical records and doctor’s notes |
|
Future medical expenses |
Medical expenses you can reasonably anticipate incurring |
Testimony from medical experts or your healthcare team |
|
Lost wages |
Lost income, salary, wages, tips, commissions, and employment benefits |
Check stubs, letters from your employer, tax returns |
|
Lost earning capacity |
Compensation for income you will no longer earn because your injuries have caused permanent disabilities |
Testimony from vocational experts |
|
Reduced earning capacity |
Compensation for the difference between your pre- and post-accident anticipated lifetime earnings |
Testimony from vocational experts |
|
Household services |
Costs to pay for child care, cleaning, yard work, and cooking that you cannot perform due to your injuries |
Receipts and invoices from parties that provided such services |
|
Property damage |
Costs to repair or replace your damaged vehicle and other personal property |
Receipts, repair reports from mechanics, Blue Book values, and invoices |
Non-economic damages are personal losses that accident victims suffer
|
Type of Damage |
Definition |
Evidence to Prove It |
|---|---|---|
|
Pain and suffering |
Physical pain, suffering, and discomfort |
Jurors can consider factors such as medical documentation, treatment duration, and the effect on daily life |
|
Mental anguish |
The psychological trauma caused by the accident, including PTSD, anxiety, and depression |
Counseling notes, prescriptions, testimony from loved ones |
|
Disfigurement |
Scarring and disfigurement and the resulting effect on the victim’s self-image |
Pictures, pain journal entries, medical records |
|
Loss of consortium |
The loss of the personal relationship between the accident victims and loved ones |
Testimony from loved ones |
|
Loss of enjoyment of life |
The inability to take part in favorite hobbies and pastimes due to the injuries |
Pain journal entries |
Under Ark. Code Ann. § 16-64-120(b), recovery for past medical care “includes only those costs actually paid by or on behalf of the plaintiff or that remain unpaid and for which the plaintiff or any third party is legally responsible.” This means that if your health insurance company paid a discounted rate against a large billed charge, the recoverable figure is what has been paid, as well as any balance still owed.
Arkansas has no cap on compensatory damages. This is based on the state’s Constitution. Article 5, § 32 of the Arkansas Constitution provides that “otherwise no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property.”
Punitive damages are rarely awarded in personal injury cases in Arkansas. Under Ark. Code Ann. § 16-55-206, punitive damages can only be awarded if you can prove the defendant acted intentionally to cause injury or damage or knew or should have known that their conduct would naturally and probably result in injury or damage and still continued to act accordingly. You must prove these facts by clear and convincing evidence.
What Kind of Accident Were You In?
At Monge & Associates Accident Attorneys, we WIN BIG for individuals injured in various types of incidents caused by someone else’s negligence, including:
- Car crashes: The at-fault driver’s liability insurance and/or your own uninsured/underinsured motorist (UI/UIM) insurance can help cover damages.
- Truck wrecks: These cases involve federal carrier regulations, electronic control module data, and strict retention rules.
- Motorcycle collisions: Insurance adjusters may try to blame the victim, but a skilled motorcycle accident lawyer can fight back.
- Pedestrian accidents: Crossing rules at Little Rock intersections often come into play in these cases.
- Bicycle accidents: Bicyclists can suffer serious injuries when motorists do not respect their presence on the road.
- Rideshare accidents: Insurance coverage for these accidents depends on the status of the transaction when the crash occurred.
- Premises liability and slip and fall accidents: Property owners have a duty to maintain their properties to avoid injury to visitors and can be held responsible under premises liability laws when they breach this duty.
- Dog bites: An experienced dog bite lawyer can investigate to determine if the dog had violent propensities or the dog owner acted negligently.
- Wrongful death: Loved ones may be able to pursue justice and compensation if their loved one was killed due to the fault of others.
Arkansas’s Fault Bar: How Comparative Fault Decides Your Case
When a victim contributes to the accident, Arkansas’ comparative fault law applies and may preclude the victim from recovering compensation, based on their degree of fault. Ark. Code Ann. § 16-64-122(b)(2) bars a claimant whose fault is “equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages” and reduces their compensation in proportion to their degree of fault if they are at fault to a lesser degree. This means that if an accident victim is determined to be 49% at fault, their damages award is reduced by 49%, but if they are determined to be 50%, their recovery is 0. This difference decides cases and also motivates insurance companies to try to push claimants past the 50% threshold.
Where a Little Rock Injury Case Is Filed
Most Little Rock personal injury cases are filed at Pulaski County Circuit Court, Sixth Judicial Circuit, seventeen divisions, principal courthouse at 401 West Markham Street, Little Rock, with Divisions 8 and 10 at 3001 West Roosevelt Road. The United States District Court for the Eastern District of Arkansas, at the Richard Sheppard Arnold Courthouse at 500 West Capitol Avenue, is used for diversity and federal claims.
It Costs Nothing to Hire Us
Our attorneys work on a contingency-fee basis, so you do not have to pay any upfront fees to hire us, and we only get paid if we win your case. We can discuss our contingency fee arrangements during a free, no-obligation consultation.
Why Monge & Associates for an Arkansas Case
Monge & Associates Accident Attorneys WIN BIG! We are a national personal injury law firm with over 70 offices throughout the United States, including a local firm in Little Rock, Arkansas. Our attorneys have successfully recovered billions in compensation for personal injury victims since 1993, including a $40 million recovery for a client injured by a distracted delivery driver.
Some of our many accolades include:
- We were voted as One of the Most Influential Law Firms in America by Trial Magazine.
- We were voted Best Law Firm by the American Institute of Trial Lawyers.
- We have the highest rating on Avvo of 5.0, a national attorney rating service and the highest Google rating among law firms with more than 200 members.
- We have been featured on TV networks, such as ABC, NBC, CBS, CNN, FOX, and many others.
When you hire Monge & Associates, you get 100% devotion from our entire firm of lawyers. We provide same-day communication and regular updates on your case progress, ensuring you are always informed and respected throughout the legal process. Our dedication to our clients is evidenced by thousands of five-star reviews.
Injured people deserve quality legal representation, regardless of finances. At Monge & Associates, you do not pay any legal fees unless we win your case, so you can pursue justice without great financial risk.
FAQs
How Long Do I Have to File a Personal Injury Lawsuit in Arkansas?
Most personal injury claims must be filed within three years of the injury, but there are exceptions.
How Long Will My Case Take?
The potential length of a personal injury case depends on many factors, such as:
- The nature and severity of your injury
- How long it takes you to recover
- How willing the insurance company is to settle the case
- Whether your case goes to trial
By working with a winning personal injury lawyer, you can get a better idea about the potential timeline involved in your case.
Is There a Cap on How Much Compensation I Can Recover in an Arkansas Personal Injury Case?
No. Arkansas’ Constitution specifically prohibits an Arkansas court from imposing any limits on what an injured person can recover outside the employment relationship.
How Is Pain and Suffering Calculated in Arkansas?
Insurance companies often try to minimize pain and suffering. Courts are not bound to use any particular formula or multiplier. Instead, jurors are instructed to use their best judgment to consider how much they would estimate their own pain and suffering would be worth under similar circumstances.