How Long Do I Have to File a Personal Injury Lawsuit in Arkansas?

Hurt in an accident in Little Rock or elsewhere in Pulaski County? You have a limited amount of time to file a lawsuit. Under Arkansas law, personal injury claims are subject to a three-year statute of limitations. However, there are some narrow exceptions. If you have any specific questions about the deadline to take action in your case, an experienced Little Rock personal injury attorney can help. 

A three-year deadline may sound generous, but waiting can put an otherwise strong claim at risk. Surveillance footage may be erased, witnesses can become harder to locate, and critical records may disappear long before the statute of limitations expires. By taking a proactive approach to the claims process, you will be in the best position to get justice and financial compensation. 

What is the Arkansas Personal Injury Statute of Limitations?

Personal injury claims in Arkansas are time-sensitive. Under Arkansas law, there is a three-year statute of limitations for most motor vehicle and truck accident injury claims. In other words, you have three years from the date of the crash in order to file a personal injury lawsuit. 

It is important to emphasize that missing the deadline to file a personal injury lawsuit will effectively end your claim. In other words, you may lose out on your right to recover financial compensation for your injuries if you do not initiate your claim in a timely manner. That is true even if the defendant’s fault is very clear. 

Starting insurance negotiations does not do away with the need to file a personal injury lawsuit within the required filing period. An insurance adjuster’s ongoing review should never be treated as protection against the deadline. A Little Rock personal injury attorney will help you ensure that your claim is filed in a timely manner. 

Are there Exceptions to the Arkansas Statute of Limitations?

Yes. There are exceptions to the three-year Arkansas personal injury statute of limitations. However, they are relatively narrow and should only be relied upon when necessary. Plus, your case may have a different statute of limitations altogether. Here is an overview of some exceptions to the three-year personal injury statute of limitations in Arkansas, as well as a note on claims against the government, which may have a different statute of limitations: 

• Minor (or Legally Disabled) Victim: State law creates a limited exception for certain vulnerable victims. Under Arkansas Code Annotated § 16-56-116, there is a special tolling protection when the person entitled to sue is under twenty-one years of age or is legally “insane” when the cause of action accrues. That is to say that the three-year statute of limitations typically does not start to run for a minor victim until he or she turns eighteen. For a person with a disability, the statute does not start to run until the disability is removed.
• Fraudulent Concealment: If the defendant acted in a manner to thwart the justice system, that could justify an exception to the statute of limitations. Under Arkansas law, the filing period may be tolled (paused) if the defendant takes affirmative steps to fraudulently conceal the injured victim’s cause of action. To be clear, mere ignorance of the claim or ordinary silence by the defendant is generally not enough. The claimant must ordinarily establish a positive act of concealment and show that the wrongdoing could not have been discovered sooner.
• Medical Malpractice: Generally, medical negligence claims must be brought within two years of the date of the alleged negligent act (Ark. Code Ann. § 16-114-203). There are some exceptions, but when they apply can be very confusing. If you suspect medical negligence, you should always obtain a case review from an experienced medical malpractice lawyer.
• Government Entity Defendant: Not all exceptions to the Arkansas statute of limitations work in the favor of injured victims. If a federal government entity is the at-fault party in your case, you will have less time to bring a claim (28 U.S.C. § 2401); further, the Federal Tort Claims Act involves an administrative claims process that must be exhausted before a lawsuit can be filed in federal court. Also, note that claims against the State of Arkansas generally must be filed with the Arkansas State Claims Commission rather than in a state circuit court. Under Arkansas Code Annotated § 19-10-209, that type of claim must be filed within the limitations period that would apply to the same type of action against a private party, which is generally three years for an ordinary personal injury claim. A key complicating factor to be aware of is that claims against cities, counties, and school districts in Arkansas involve separate, specialized immunity and insurance rules. Whether you have a case against the federal government or a state entity, you should speak directly to a Little Rock personal injury lawyer.

FAQs: Deadline for Personal Injury Claims in Arkansas

Is a personal injury claim the same thing as a personal injury lawsuit?

No. Although you may sometimes hear them used interchangeably, a personal injury claim and a personal injury lawsuit are not the same thing. A personal injury claim is a demand for compensation from the at-fault party/parties (or their insurer). A lawsuit is a formal legal complaint filed in court. Notably, there are many personal injury claims in Arkansas that are settled without a lawsuit ever being filed. 

What happens if you wait too long to file a personal injury lawsuit?

You will likely miss out on your chance to recover financial compensation. Waiting too long can cause an otherwise valid personal injury case to fail for procedural reasons. Arkansas generally allows three years to bring an ordinary negligence action. However, there are some exceptions. A Little Rock personal injury lawyer can determine the specific filing deadline in your case.  

What is a statute of limitations defense in a personal injury case?

A statute of limitations defense is the defendant’s argument that the injured victim filed the lawsuit after the legally permitted deadline. If the defense succeeds, the court will dismiss the case without considering who caused the accident or how badly the plaintiff (victim) was injured.

Are there advantages to starting the claims process earlier?

Yes. A proactive approach after a serious accident can make a big difference. Not only will getting started with the process earlier help to ensure that you do not run into problems with the statute of limitations, but it will also put you in a better position to build a strong, compelling claim. 

Speak to Our Little Rock Personal Injury Lawyer Today

Missing the statute of limitations can permanently affect your right to pursue a personal injury claim. If you have questions about the deadline that applies to your case, it is important to seek legal advice as soon as possible.

At Reed Firm, our Little Rock personal injury lawyer provides honest guidance, clear communication, and thoughtful legal representation to injured individuals and families throughout Arkansas. If you have questions about the statute of limitations for a personal injury claim, call 501-777-7333 or contact us online to schedule a free, no-obligation case review. From our Little Rock office, we represent clients across the state, including North Little Rock, Benton, Conway, Sherwood, and Jacksonville.