If you've been injured through someone else's fault—maybe in a slip and fall, or a car accident, or because of medical malpractice—you might think about filing a personal injury (PI) insurance claim or even a lawsuit. Before you do, take a few minutes to learn about the Arkansas laws that probably apply to your case.
We start with Arkansas' lawsuit filing deadlines. From there, we'll walk you through where and how your lawyer will file your case in court, what happens to your claim if you were partly to blame for your injuries, whether Arkansas law limits the compensation you can receive, and more.
Arkansas has deadlines, called "statutes of limitations," that limit your time to file a personal injury lawsuit in court. There's not a "one-size-fits-all" limitation period for all Arkansas PI cases. Most fall under the state's three-year general rule. But as we'll see, there are different rules for some kinds of lawsuits.
In most Arkansas PI cases, you've got three years to file a lawsuit in court. (Ark. Code § 16-56-105 (2024).) The three-year clock usually starts to run on the date you're injured. In some situations, though, it might begin later.
In addition to the three-year general rule, Arkansas has special deadlines for some cases.
Intentional misconduct. Suppose you were hurt by someone's intentional misconduct—what the law calls an "intentional tort". The filing deadline is one year from the date you were injured. (Ark. Code § 16-56-104 (2024).) This one-year limitation period applies to injuries resulting from:
Medical malpractice. Most medical malpractice cases must be filed in court within two years from the date of the malpractice. (Ark. Code § 16-114-203 (2024).) The deadline might be longer when:
(Learn more about Arkansas medical malpractice laws.)
Injuries causing death. When injuries result in death, the victim's estate might file a wrongful death lawsuit. The usual filing deadline is three years from the date of death. (Ark. Code § 16-62-102 (2024).) A wrongful death suit can be filed at any time if the killer is convicted of capital, first-degree, or second-degree murder.
(Learn more about Arkansas wrongful death lawsuits.)
Dangerous or defective products. A lawsuit over a dangerous product (a "product liability" case) must be filed within three years from the date the product caused an injury or death. (Ark. Code § 16-116-203 (2024).)
There are a few circumstances where Arkansas law extends the lawsuit filing deadline. Here are some (but not all) of them.
Injured person is a minor or is "insane." When a person who's younger than 21 years old is injured, they have three years after reaching age 21 to file a PI lawsuit. Someone who's injured while disabled by insanity must sue within three years after they're found to no longer be "insane." (Ark. Code § 16-56-116(a) (2024).)
Defendant prevents you from suing. When you're unable to start a lawsuit because the defendant (the party you're suing) leaves Arkansas or goes into hiding, the statute of limitations stops running for the period of time that you can't start the suit. (Ark. Code § 16-56-120 (2024).)
Discovery rule. For most PI claims, the statute of limitations clock begins running on the date you were injured. But what happens if you didn't know right away that you were hurt? In that situation, the "discovery rule" might give you more time to file your lawsuit.
Under the discovery rule, if you didn't know you were injured and there's no way you reasonably could have discovered it, the statute of limitations clock doesn't start to run until you knew (or reasonably should have known) that you were hurt.
When filing a civil (noncriminal) lawsuit in Arkansas, you must follow the state's Rules of Civil Procedure. Chances are you don't know much about these rules, and the time to learn isn't while you're trying to handle your own case. You should hire an Arkansas personal injury lawyer to prepare, file, and handle the lawsuit for you. The defendant will be represented by experienced counsel. Without legal help in your corner, you'll be at a significant disadvantage.
The entry-level trial court in Arkansas—where most PI cases are filed—is called the circuit court. Your lawyer will file in the proper venue (location). That's usually the circuit court where the defendant lives, or the one that's closest to where your injuries happened. Sometimes the rules allow (or require) you to file in another circuit court.
Your lawyer will start your PI lawsuit by filing a document called a "complaint" with the circuit court clerk. The complaint describes, in separate, numbered paragraphs:
When you file your complaint, the clerk of the court will issue a summons. Your lawyer must arrange to have the summons and a copy of the complaint "served" on (formally delivered to) each defendant. You've got 120 days after filing your complaint to complete service. The court can dismiss a defendant who isn't properly served.