Lost Wages in a Arkansas Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Arkansas, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
3 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in Arkansas
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Arkansas
Arkansas Injury Law
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.