Punitive Damages in Arkansas
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Arkansas.
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 Comp. Damages
When Are Punitive Damages Available in Arkansas?
In Arkansas, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Arkansas operates under Modified comparative fault (50% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Arkansas attorney for the current statutory limits applicable to your case.
Key Facts About Arkansas Injury Law
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.