Arkansas Personal Injury Law

The following summary of Arkansas personal injury laws and theories of liability will help you understand important aspects of injury claims in this state...

Arkansas Statute of Limitations:

• Personal Injury cases: For general personal injury, the SOL is 3 years
• Medical Malpractice claims: 2 years from discovery of the injury
• Products Liability cases: 3 years

Caps on Personal Injury Awards in Arkansas:

In 2003, this state passed legislation requiring clear and convincing evidence before punitive damages could be recovered. They also capped the amount of punitive damages at $250,000 or three times the compensatory damages up to $1 million.

Arkansas Serious Injury Threshold:

There is no serious injury threshold in the state of Arkansas. But it is considered an "add-on" state meaning that drivers can purchase personal injury coverage as an add-on which pays out regardless of who is at fault.

Arkansas is a Fault state and follows the modified comparative - 50% negligence doctrine. This means that a party can only recover if he or she is 49% or less at fault.

Personal Injury Claims & Theories of Liability in Arkansas:

Wrongful Death Cases: When a victim is killed as a result of the negligence of another, that party may be liable for wrongful death.

Medical Malpractice: When a health care professional or hospital is negligent in its administration of care, the health care provider can be held liable for any physical injuries that result.

Slip and Fall Accidents: This is a personal injury case in which an individual slips, trips, falls and is injured on the property of another as a result of the property owner's negligence.

Auto Accident Claims: These injuries occur when a driver causes an accident due to his/her negligent conduct. Arkansas follows the modified comparative - 50% negligence theory, therefore he or she is only entitled to recovery if they are less than 50% at fault. If they are found to be 50% or more at fault, this is a complete bar to recovery.

Product Liability Lawsuits: If a product fails to perform in the way in which it was designed and the result is serious injury or even death, the manufacturer or distributor is usually strictly liable to the injured party under this theory.

Workers' Compensation Law: Arkansas is a compulsory state meaning that employers are required to carry workers compensation insurance. If an employee is injured while working, the employer will be responsible for compensating the injured party for his injury provided it occurs during the scope of employment.

For More Information Check out these sites:

Official Arkansas State Government Website

Arkansas State Insurance Commission