Arkansas Injury Claim Rules

Rules cited to Arkansas’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.Ark. Code § 16-64-122
Filing deadline3 yearsFrom the date of the injury.Ark. Code § 16-56-105
Minimum insurance25/50/25Per person, per crash, property. Arkansas is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Arkansas: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Arkansas is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 50% bar rule sets how much your own share of fault costs you.

Arkansas injury claim rules

Fault. Arkansas uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Arkansas is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. No dog bite statute. The owner is liable if they knew or should have known the dog was dangerous, or if they were negligent.

Arkansas injury claim questions

Can I still get a settlement in Arkansas if I was partly at fault?

Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.

How long do I have to file a personal injury lawsuit in Arkansas?

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Arkansas cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.