Personal Injury Deposition in Arkansas
A deposition is sworn out-of-court testimony taken during the discovery phase of yourArkansas personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
$8,000 – $45,000
Avg Settlement
3 years
Filing Deadline
Deposition Tips for Arkansas Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (50% bar), any admission of fault can reduce or eliminate your recovery.
Arkansas Law Overview
Arkansas employs modified comparative fault with a 50% bar, meaning an injured party who is found equally or more responsible than the defendant cannot recover anything. Below the 50% threshold, damages are reduced in proportion to fault. The statute of limitations for personal injury claims is 3 years, providing somewhat more time than the national average. Arkansas is not a no-fault auto insurance state, so injured drivers pursue claims against the at-fault party's liability insurer. The state imposes a statutory cap on punitive damages, distinguishing it from many pure comparative fault states. Arkansas courts follow Daubert standards for expert testimony in injury cases. Product liability, premises liability, and auto accidents represent the most common personal injury claim types. Workers' compensation is the exclusive remedy for on-the-job injuries, with the Arkansas Workers' Compensation Commission adjudicating workplace claims separately from civil courts.