Personal Injury Lawsuit in Arkansas
Filing a personal injury lawsuit in Arkansas is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (50% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (50% bar)
Fault System
At-Fault
Auto System
$8,000 – $45,000
Avg Settlement
Lawsuit Steps in Arkansas
Hire an Attorney
Most personal injury attorneys in Arkansas work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Arkansas court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Arkansas court rules.
Key Arkansas Law Facts
Arkansas uses modified comparative fault with a 50% bar — if you are found 50% or more at fault for the accident, you are completely barred from recovering any compensation from the other parties involved.
Arkansas provides a relatively generous 3-year statute of limitations for personal injury claims under Ark. Code Ann. § 16-56-105, giving injured victims more time to investigate and file compared to most states.
Punitive damages in Arkansas are capped at $250,000 or three times the compensatory award, whichever is greater, under Ark. Code Ann. § 16-55-208, applying to claims involving willful or reckless misconduct.