Government Liability for Injury in Arkansas

Can I sue the State of Arkansas, or an Arkansas city or county, and get compensation ("damages") for personal injuries?

That question, or something like it, probably landed you here. If you've been injured by Arkansas or a local Arkansas government and you're considering a legal claim, you're in the right place.

Can you sue the government in Arkansas? The short answer is: It depends. If your claim is against Arkansas, you might collect personal injury damages via an injury claim, but you can't sue in court. Different rules apply when you were injured by a local Arkansas government. In either case, you'll need to navigate through a maze of special rules and procedures. And even if you win, Arkansas law limits the damages you can collect.

We start with an overview of the rules that apply to claims against the government generally. From there, we'll zero in on the specifics of Arkansas law.

Claims Against the Government Generally

Suing any government—federal, state, or local—isn't the same as suing a private individual or a business. State governments get to make the lawsuit rules, including special rules that apply only to the government itself. They purposefully make it difficult (or in some states, impossible) to collect damages from them.

The most powerful tool states have at their disposal is a legal defense known as sovereign immunity. In cases where sovereign immunity isn't in play, you'll need to be on the lookout for a related group of defenses. We'll refer to these collectively as "governmental immunity."

States Are Protected by Sovereign Immunity

During the founding era, the American colonies adopted the English common law—legal rules and principles derived mostly from English case decisions—as the foundation of their legal systems. At common law, the English Crown enjoyed complete immunity from damages lawsuits under a rule called "sovereign immunity." Any suit looking to collect damages from the Crown was promptly dismissed on sovereign immunity grounds.

Today, all states are protected by sovereign immunity, at least to some extent. Most have waived (voluntarily surrendered) their sovereign immunity and allow themselves to be sued in certain kinds of cases, including for some personal injury claims. But even if a state has consented to be sued, hauling the state into court probably means jumping through hoops not found in other kinds of cases.

In most states, for example, you can't just run to the courthouse and file your case. Before you can sue, you must give the state written notice of your injury or your intent to sue. Worse yet, even if you win your lawsuit, the government likely limits the damages you can recover. No matter how outrageous a state's misconduct might be, you won't collect punitive damages from the state treasury.

Suing a Local Government Comes With Its Own Headaches

As a general rule, sovereign immunity only applies to the states. Most local governments—counties, townships, cities and towns, taxing districts, school districts, and other governing entities—aren't protected by sovereign immunity. But that doesn't mean they're fair game for all sorts of lawsuits.

When sovereign immunity doesn't apply, most states shield their local governments with some type of governmental immunity. Though it goes by a different name, governmental immunity functions much the same as sovereign immunity. Sue a local government that's covered by governmental immunity, and the court will dismiss your case at the government's request. Unless it's been waived, governmental immunity is an absolute, iron-clad defense to damages liability.

Special rules and procedures—much like those applicable to the states—often apply to suits against local governments. You probably have to notify a county or city before you can file a lawsuit. The damages you can collect likely are limited by a damage cap, and you won't recover punitive damages.

Injury Claims Against the State of Arkansas

First, the bad news. Arkansas has enshrined sovereign immunity in its constitution: "The state of Arkansas shall never be made defendant in any of her courts." (Ark. Const. art. V, § 20 (2024).) Lawsuits seeking damages from Arkansas are prohibited.

The good news is that Arkansas does allow some personal injury claims for damages, but they can't be brought in state court. Instead, you must file your claim with the Arkansas State Claims Commission ("Commission"). Here's how it works.

The Arkansas State Claims Commission

Because Arkansas is immune from suits in its own courts, the legislature created the Commission as a workaround. The Commission is considered part of the Arkansas legislature. Commission members are appointed by the governor. (Ark. Code § 19-10-201(a)(2) (2024).)

The Commission is authorized to hear any "claim or action that is barred by the doctrine of sovereign immunity under Arkansas Constitution, Article 5, § 20... ." (Ark. Code § 19-10-204(a)(1) (2024).) It has no authority to hear or decide claims against local governments. (Ark. Code § 19-10-204(b)(1) (2024).) The most the Commission can award for any claim is $15,000. If the Commission approves a claim valued at more than $15,000, it must be referred to the legislature for final approval and funding. (Ark. Code § 19-10-215 (2024).)

Filing a Claim With the Commission

You start a personal injury claim against Arkansas by filing the original and three copies of a verified complaint—meaning a complaint you've signed under penalties of perjury and that's been witnessed by a notary—with the Commission. Unlike most states, Arkansas doesn't require that you first file a notice of your claim.

Your complaint should concisely state the facts of your claim and should include:

• your address
• your attorney's address
• the time and place where the events giving rise to your injury happened
• the name of the state agency you believe to be responsible for your injury
• the amount of damages you're claiming, and
• all other facts necessary to state a claim for relief under the law.

(Ark. Code § 19-10-208(a)-(b) (2024).)

What About Claims Against Arkansas' Officers and Employees?

Officers and employees of the State of Arkansas aren't protected by sovereign immunity. Instead, Arkansas law shields them with a different kind of governmental immunity. Generally speaking, this immunity protects them from damages liability for acts within the scope of their duties.

Arkansas waives the immunity of its officers and employees for:

• liabilities covered by insurance, and
• injuries caused by malicious conduct.

(Ark. Code § 19-10-305(a) (2024).)

So, what does it mean to say that immunity is waived? It means you're allowed to sue a State employee or official in court if they were doing their job at the time you were injured, and:

• Arkansas' insurance covers your injury, or
• your injury was caused by malicious behavior.

Note, importantly, that—except for injuries resulting from malicious misconduct—Arkansas waives immunity only to the extent that liability insurance covers the loss. For example, suppose an Arkansas Department of Transportation employee negligently runs a red light and hits you, leaving you with serious injuries and damages totaling $2 million. Assume that Arkansas carried liability insurance on the vehicle in the amount of $250,000.

Arkansas waives the driver's governmental immunity, but only to a maximum of $250,000. If you win your case, you'll collect that amount from the State's insurance carrier. The employee is immune from liability for the balance of your losses. That immunity effectively shields the State of Arkansas itself from further responsibility for your injuries, too.

Deadline for Filing Your Claim

You must file your claim within the statute of limitations—the filing deadline—for bringing the same kind of claim in court. (Ark. Code § 19-10-209 (2024).) In Arkansas, most personal injury claims are subject to a three year statute of limitations. You have three years, usually from the date you were injured, to bring your claim. (Ark. Code § 16-56-105 (2024).) Some kinds of injury claims have different filing deadlines. For instance, the statute of limitations for medical malpractice claims is two years.

Suppose you miss the filing deadline. What happens to your claim? Barring an exception that gives you more time to file, your claim is legally dead. Nothing you do will bring it back to life. Try to file after the statute of limitations has expired and the Commission will dismiss your claim. You've lost the right to seek compensation for your injuries.

Be sure to check with an Arkansas personal injury lawyer about the filing deadline in your case.

(Learn more about Arkansas' personal injury laws and statutes of limitations.)

Claims Against a Local Arkansas Government

What happens if you're hurt by a local Arkansas government or one of its employees? As with claims against the State, the analysis begins with immunity.

Arkansas law protects local governments with governmental immunity. They "shall be immune from liability and from suit for damages except to the extent that they may be covered by liability insurance." (Ark. Code § 21-9-301(a) (2024).) In addition, local governments aren't subject to lawsuits for the wrongdoing of their employees or agents. (Ark. Code § 21-9-301(b) (2024).)

This immunity covers liability for injuries caused by negligence. (See Autry v. Lawrence, 286 Ark. 501, 503 (1985).) It isn't supposed to apply to intentionally caused harms, called "intentional torts." But the Arkansas Supreme Court hasn't always followed this rule. (See Autry, 286 Ark. at 503 (police officer immune from claim for intentional tort of malicious prosecution); Harrington v. City of Greenbrier, 262 Ark. 773, 775-76 (1978) (immunity for claim of "deliberate fraud").)

Stated a bit differently, the scope of local government immunity isn't always clear. You'll need to speak to Arkansas legal counsel for advice specific to your claim.

Mandatory Insurance for Local Government Vehicles

Auto accidents are a frequent source of government-caused injuries. Arkansas law requires local governments to be insured, or to self-insure, for some motor vehicle accident liabilities. Specifically, Ark. Code § 21-9-303(a) (2024) says that local governments must buy liability insurance or self-insure their motor vehicles for at least these state-mandated minimum amounts:

• $25,000 for injuries to, or the death of, one person in one accident
• $50,000 for injuries to, or the deaths of, two or more persons in one accident, and
• $25,000 for property damages resulting from one accident.

(See also Ark. Code § 27-19-713(b)(2) (2024) (state-mandated minimum motor vehicle liability coverages).)

By requiring that their vehicles be insured, Arkansas waives local government immunity for at least the amounts of state-required liability insurance. If a local government carries more insurance (or self insures for a higher amount), immunity is waived in that amount.

When you're hurt in an auto accident involving a local government vehicle, you can sue in court to collect damages. But your recovery will be limited to the amount of available insurance or self insurance coverage. (Ark. Code § 21-9-303(b) (2024).) If that insurance is equal to the state-required minimums (see above) and your injuries are moderate or serious, you won't recover all your damages.

Local Governments Can Set Up Their Own Claim Settlement Procedures

Under Ark. Code § 21-9-302 (2024), each local government is allowed to establish its own claim settlement rules and procedures. Before you bring a claim, make sure you find out about the rules (including notice requirements), forms, and protocols that apply. Your lawyer will know what to do. If you don't have a lawyer, the local government's attorney or clerk's office might point you in the right direction.

Also, be sure to check the government's website for details.

Get Help With Your Government Injury Claim

There are a few personal injury claims you might be able to handle on your own, without the help of a lawyer. A claim against the State of Arkansas or a local Arkansas government isn't one of them. We've covered a few of the basic rules for personal injury claims, but we've just scratched the surface.

You can bet that the attorneys representing the government know the rules inside and out. More important, they know how to use the rules against you. Without experienced legal counsel on your side, it won't be a fair fight.

Level the playing field. Hire an attorney who knows how to take on the government and win. When you're ready to move forward with your claim, here's how to find a lawyer who's right for you.