What is the statute of limitations for personal injury claims in Arkansas?

3 years for personal injury; 2 years for medical malpractice. Source: Ark. Code Ann. § 16-56-105. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Arkansas?

Yes — Arkansas applies the following caps: Punitive damages cap (Greater of $250k or 3× compensatory; $1M ceiling) under Ark. Code Ann. § 16-55-208. See the caps section above for the conditions under which each applies.

Does Arkansas operate a no-fault auto insurance scheme?

No. Arkansas is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Arkansas?

Practitioners and adjusters in Arkansas value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 50% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Arkansas attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Arkansas's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Arkansas personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · South

Personal injury in
Arkansas.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Arkansas applies modified-50 comparative fault and gives a relatively long three-year limitation window for general personal injury claims.

Arkansas operates modified comparative negligence with a 50% bar, claimants recover only if they are less than 50% at fault. The general personal injury statute of limitations is three years; medical malpractice runs in two. Punitive damages are capped at the greater of $250,000 or three times compensatory, with a $1 million ceiling.

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★ statute of limitations

3 years for personal injury; 2 years for medical malpractice

Ark. Code Ann. § 16-56-105

★ fault rule

Modified comparative, 50% bar

Modified comparative, recovery barred if claimant is 50% or more at fault.

★ AR · statutory caps

What caps recovery.

Caps and ceilings imposed by Arkansas law that bear on settlement values.

Punitive damages cap
Most tort claims
Greater of $250k or 3× compensatory; $1M ceiling
Ark. Code Ann. § 16-55-208

★ AR · key facts

What makes Arkansas different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified comparative, 50% bar
3-year SOL for general PI; 2 years for med-mal
Punitive cap: greater of $250k or 3× comp, ceiling $1M
No general non-economic cap

★ AR · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Arkansas law.

★ AR · court decisions

What Arkansas courts have decided.

Reported Arkansas decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Buckley v. Summerville
Arkansas Court of Appeals · 2018
$36,000 verdict, affirmed
Larry Buckley failed to yield at a stop sign and hit the passenger side of Kasey Summerville’s car, pushing it across the oncoming lane and off the road.
whiplash in Arkansas →
Whiplash
Baker v. Trevathan
Arkansas Court of Appeals · 2018
Neither driver negligent; affirmed
Virginia Baker and Lisa Trevathan collided at a Jonesboro intersection in 2015; each blamed the other for the light.
whiplash in Arkansas →
Back & spine
West Union v. Vostatek
Arkansas Supreme Court · 1990
$175,000 verdict, affirmed
A 21 year old suffered a painful back injury that his doctors said carried an increased chance of recurrent lumbar spine problems needing surgery, at about $2,500 for the surgeon and $15,000 for the hospital stay.
back & spine in Arkansas →
Head & brain
ProAssurance Indemnity v. Metheny
Arkansas Supreme Court · 2012
$20 million verdict reduced to $11 million, affirmed
In 2004 Cody Metheny, 15, had elective surgery to remove a lesion on the right side of his brain that caused seizures.
head & brain in Arkansas →
Fracture
Kroger Co. v. Smith
Arkansas Court of Appeals · 2005
$58,828.53 verdict reversed
In 1997 Sharon Smith, 23 and small in stature, bought a month of groceries at the Kroger in Helena.
fracture in Arkansas →
Medical negligence
Brazeal v. Cooper
Arkansas Court of Appeals · 2016
Defense verdict affirmed
Brazeal sued his surgeon over complications from a total knee replacement in 2011.
medical negligence in Arkansas →
Medical negligence
Hartman v. Edwards
Arkansas Court of Appeals · 2014
Defense verdict affirmed
A family sued a doctor for medical negligence after a death.
medical negligence in Arkansas →
Workplace
Johnson v. Rockwell Automation
Arkansas Supreme Court · 2009
Two tort reform provisions struck down
Darrell Johnson, a control systems mechanic at Eastman Chemical, was injured in 2004 when a starter bucket he was working on became electrically powered when it should not have been.
workplace in Arkansas →
Workplace
Kroger Ltd. Partnership v. Fee
Arkansas Court of Appeals · 2014
Benefits award affirmed in part, reversed in part
A Kroger worker tripped and fell while unloading a truck in 2010, hurting his neck and back; scans showed no fractures, and he was diagnosed with cervical and lumbar strain.
workplace in Arkansas →

★ AR · rules that decide claims

The rules in Arkansas.

Statutes and rulings that come up again and again in Arkansas injury claims, each with its source.

Deadline to sue	Three years for most injury actions, which must “be commenced within three (3) years after the cause of action accrues.”Ark. Code Ann. § 16-56-105, as quoted in Gunn v. Farmers Insurance Exchange (Ark. 2010)
Fault rule	A claimant whose fault is equal to or greater than the fault of the parties sued recovers nothing; a smaller share reduces the award.Ark. Code Ann. § 16-64-122, as applied in Chong Sun Yu v. Metropolitan Fire Extinguisher (Ark. Ct. App. 2006)
Seat belt use	Admissible since the Arkansas Supreme Court struck down the statutory ban.Mendoza v. WIS International (Ark. 2016), in the MyClaimWorth seat belt chart
Caps on damages	The Arkansas Constitution forbids laws limiting recovery for injury; the Supreme Court struck down the statutory punitive damages cap and upheld a $42 million punitive award.Bayer CropScience v. Schafer (Ark. 2011)
Future surgery costs	A jury may hear the cost of future back surgery when the medical evidence shows a sufficient likelihood it will be needed.West Union v. Vostatek (Ark. 1990)
Medical bills evidence	A 2003 law limiting evidence of medical costs to amounts actually paid was held unconstitutional.Johnson v. Rockwell Automation (Ark. 2009)
Insurer’s limits	Where a hospital cannot be sued directly and the claim runs against its insurer, recovery is limited to the policy’s coverage.ProAssurance Indemnity v. Metheny (Ark. 2012)
Duty to assist	A store has no general duty to help a customer take groceries to the car or to warn of the obvious risk of pushing a loaded cart.Kroger Co. v. Smith (Ark. Ct. App. 2005)

★ other US jurisdictions

Compare across United States.

How Arkansas compares with its neighbours in the South on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Arkansas· you are here	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice
Alabama (AL)	Pure contributory negligence	2 years from date of injury
Florida (FL)	Modified comparative, 51% bar	2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)	Modified comparative, 50% bar	2 years from date of injury
Kentucky (KY)	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)
Louisiana (LA)	Modified comparative, 51% bar	1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)	Pure comparative negligence	3 years from date of injury
North Carolina (NC)	Pure contributory negligence	3 years from date of injury
South Carolina (SC)	Modified comparative, 51% bar	3 years from date of injury
Tennessee (TN)	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US
Texas (TX)	Modified comparative, 51% bar	2 years from date of injury
Virginia (VA)	Pure contributory negligence	2 years from date of injury
West Virginia (WV)	Modified comparative, 51% bar	2 years from date of injury

Every United States jurisdiction compared

★ AR · frequently asked

Common questions.

Common questions about personal injury claims in Arkansas, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Arkansas?
3 years for personal injury; 2 years for medical malpractice. Source: Ark. Code Ann. § 16-56-105. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Arkansas?
Modified comparative, 50% bar. Modified comparative, recovery barred if claimant is 50% or more at fault.
Are there caps on damages in Arkansas?
Yes — Arkansas applies the following caps: Punitive damages cap (Greater of $250k or 3× compensatory; $1M ceiling) under Ark. Code Ann. § 16-55-208. See the caps section above for the conditions under which each applies.
Does Arkansas operate a no-fault auto insurance scheme?
No. Arkansas is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Arkansas?
Practitioners and adjusters in Arkansas value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 50% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Arkansas attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Arkansas's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Arkansas personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Arkansas statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Arkansas. See /methodology, /sources, and /disclaimer.

Personal injury inArkansas.

Personal injury in
Arkansas.