Home › Personal Injury Laws by State › Arkansas Personal Injury Laws

Arkansas generally requires most personal injury lawsuits based on negligence to be filed within three years after the claim accrues. Shorter periods apply to some kinds of claims, and different rules, accrual questions, exceptions, tolling provisions, and notice requirements may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Arkansas attorney reviewing the facts can do that.

Arkansas generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Arkansas follows a modified comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's fault is equal to or greater than the fault attributed to the opposing party or parties. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Arkansas generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Arkansas policies generally must include uninsured-motorist coverage unless it is rejected in writing, and insurers generally must give the policyholder an opportunity to purchase underinsured-motorist coverage, which may also be rejected in writing. The coverage available in any particular situation depends on the policies involved and current law.

The Arkansas constitution generally prohibits laws that limit the amount recoverable for injuries to persons or property, so the caps on compensatory damages that exist in many states generally do not apply in Arkansas injury cases. Special rules may still apply to certain claims and parties, including claims involving governmental entities, and other categories of damages are subject to separate legal standards. Because these rules can vary by claim and may change, this page does not determine what damages may be available in any particular matter.

Arkansas personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, or in district court for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Arkansas attorney can evaluate.

A licensed Arkansas attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Arkansas communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.