AR
Back & spine settlements
in Arkansas.
Arkansas has no cap on injury damages, and its Supreme Court has upheld awards for young people facing a lifetime of back pain. A 21 year old kept a $175,000 verdict that included the likely cost of future lumbar surgery.
Facts that decide a back & spine claim in Arkansas
| 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) |
|---|---|
| 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) |
| 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) |
| Medical bills evidence | A 2003 law limiting evidence of medical costs to amounts actually paid was held unconstitutional.Johnson v. Rockwell Automation (Ark. 2009) |