Personal Injury Laws: Arkansas

The state statutes and civil laws that govern Arkansas personal injury claims are unique to the state, and it is therefore crucial you hire a personal injury attorney familiar with handling claims under Arkansas state laws. He or she will help you establish “fault” or liability in your claim and will recommend the kinds of damages you should seek.

Arkansas is a “Comparative-Fault” State

Each state sets its own distinctions for personal injury claims. In some states, you must not have any “fault” or responsibility for your own injuries in order to see compensation for the damages awarded. In Arkansas however, you can be partially at fault for your own injuries and still claim damages in a personal injury lawsuit. Provided you are no more than 49 percent responsible for your own injuries, you can still receive compensation, though you will need the assistance of a personal injury attorney in order to establish comparative-fault or contributory negligence in your lawsuit.

Potential Damages for Personal Injury in Arkansas

There are a number of damages you can seek in a personal injury claim in the state of Arkansas. They can include medical expenses and other costs directly resulting from the care you require to treat your injuries and function on a daily basis. In-home nursing or other care can be included in these economic expenditures. You can also seek compensation for lost wages, loss of future earnings ability, and for pain and suffering. In some instances, you may additionally be able to seek punitive damages.

The amount and type of damages you seek will depend on the severity or extent of your injuries and the other details of your claim. Additionally, because Arkansas is a comparative-fault state, the damages you’re awarded will be reduced according to the degree or percentage of fault you hold for your own injuries. A personal injury attorney can recommend the damages you should include in your case and will work to get you the fairest and highest settlement or award of compensation possible.

Statute of Limitations for Personal Injury Claims in Arkansas

The state of Arkansas limits the time you have to file a personal injury claim. For slander personal injury cases, the statute of limitations is one year. For medical malpractice cases, the time limit is two years from the date of your injuries. For all other personal injury claims in the state of Arkansas the statute of limitations is three years from the incident that resulted in injuries.

While these statutes are intended to limit liability and reduce the likelihood of claimants filing difficult to prove and unwinnable but still time consuming cases, there are some claims in which injuries may not immediately be apparent. For this reason, it is possible to argue a claim after the statute of limitations has expired, provided you are able to prove you were not aware that you suffered harm until a later date. Doing so will require the assistance of personal injury attorney familiar with handling claims that have exceeded the statute of limitations.