Arkansas Personal Injury Statute of Limitations

Your success in a personal injury suit is highly dependent on your ability to promptly file a claim. Taking informed yet swift legal action can help ensure you submit your claim within the statute of limitations. The Arkansas personal injury statute of limitations can vary depending on the specifics of a case.

What Is a Statute of Limitations?

A statute of limitations (SOL) is a timeframe within which legal action can be taken against a defendant. This concept applies in criminal and civil cases, including contract disputes and personal injury claims.

Depending on the specific crime or tort, a plaintiff – in the case of a crime, the state or federal government, or an injured person in the case of a personal injury suit – must pursue charges or file a claim within a specified time from the date of the incident.

Having statutes of limitations is a critical legal component of civil litigation for a few reasons:

• It ensures that a defendant is protected against indefinite threat of legal action.
• It allows a plaintiff to recuperate damages within an adequate period.
• It permits access to and preservation of critical evidence in a case.

Statutes of limitations are shaped by case law and legal scholarship and may be revised in response to technological, political, societal, or economic changes, as well as based on legal precedence.

Statute of Limitations for Personal Injury Claims in Arkansas

Personal injury claims can be pursued by an injured person who is hurt in an accident due to someone else’s negligence. Typically, this can apply to injuries that occur following motor vehicle accidents, medical malpractice, at the workplace, or on someone’s property.

Claims are initiated to recuperate compensatory damages following an accident and to hold a negligent party financially accountable for their tort.

Many injured individuals are likely to file a personal injury claim against an at-fault party’s insurance provider. There is no general statute of limitations for filing an insurance claim, though insurance providers may have specific deadlines for submitting claims following an accident. Statutes of limitations also apply when pursuing civil litigation in an Arkansas court.

• A one-year SOL is applicable in cases where a person was injured as a result of an assault and battery.
• There is a two-year SOL for medical malpractice cases from the time the service was rendered or from the time of the last payment, with few exceptions.
• Most other personal injury cases have a statute of limitations of up to three years.

Statutes of limitations vary for personal injury claims filed on behalf of a minor child and persons with disabilities.

When Should You File Your Personal Injury Claim?

If you are considering filing a personal injury claim within an Arkansas court, you are advised to consult a personal injury attorney who has years of practice in the state.

Many claims can be resolved between you and the at-fault party’s insurance provider. A skilled attorney can work alongside you as you negotiate a settlement with the insurance company. The insurance company can compensate you for medical costs incurred and wages loss as a result of your injuries.

It is pivotal that you pursue a claim as soon as possible for liability coverage following an accident and after seeking medical attention. Doing so helps reduce the risk of missing the deadline under the statute of limitations for a personal injury claim, especially in the event that an insurance claim is unsuccessful or you suffered severe injuries that resulted in major financial losses. Consulting with a personal injury lawyer can help guide you through the process your rights are protected.

Prior to filing your claim, your attorney can commence gathering evidence, reviewing the facts of the case, and consulting medical professionals regarding your condition. Once they are confident in the case, they can proceed to file a claim in court and communicate with the other defendant’s attorneys to settle the case.

The statutes of limitations for personal injury cases can provide you ample time to initiate a civil claim against an at-fault party, as long as you contact a seasoned attorney as soon as possible.

FAQs

Is There a Time Limit on Personal Injury Claims?

There is a time limit on personal injury claims filed in an Arkansas court. Insurance providers may expect claims to be filed as soon as possible following an accident, or they may have specific timeframes within which a claim may be submitted.

For civil cases, the statute of limitations for most personal injury claims is three years, with exceptions for medical malpractice cases and those involving minor children, and if your injuries resulted from an assault and battery incident.

What Happens if You Don’t File Within the Statute of Limitations?

If you do not file a civil complaint within the statute of limitations, you may not be able to receive compensation for your injuries following an accident. It is recommended that you consult a personal injury attorney who can confirm whether or not the statute of limitations has expired in your case.

Are There Exceptions to Arkansas Statutes of Limitations for Personal Injury?

There are some exceptions to Arkansas statutes of limitations for personal injury, though most personal injury cases must be initiated within three years of an incident. Medical malpractice suits have only a statute of limitations of two years. When a minor is injured, the statute of limitations may be extended.

Is There a Statute of Limitations for Wrongful Death in Arkansas?

The statute of limitations for wrongful death in Arkansas is three years from the person’s death. A wrongful death action can be brought by a person’s surviving spouse, children, or parents. They can receive compensation for economic damages, including funeral expenses and non-economic damages like loss of companionship and mental anguish.

Get Legal Consultation for Personal Injury Statute of Limitations

Being aware of the statute of limitations in your personal injury case may help guide your actions if you are thinking of filing a civil claim. A seasoned personal injury attorney from your area can clarify your questions regarding statutes of limitations and civil litigation. Our dedicated team at the Law Office of Geoffrey D. Kearney, PLLC, assists clients throughout Arkansas with their personal injury cases. Schedule a consultation today.