Medical Liens in Arkansas
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Arkansas, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
3 years
Filing Deadline
$8,000 – $45,000
Avg Settlement
Types of Medical Liens in Arkansas
Hospital Liens
Arkansas hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in Arkansas, they have a lien on any third-party recovery you obtain.
Arkansas Injury 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.