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★ Arkansas · head & brain

Head & brain settlements
in Arkansas.

By Reviewed by Abd Shanti, Founder9 min read

A surgeon at Arkansas Children’s Hospital began brain surgery on the wrong side of a 15 year old’s head. The jury awarded $20 million, and the judgment was cut to $11 million only because of the limits of the hospital’s insurance.

Facts that decide a head & brain claim in Arkansas

Insurer’s limitsWhere 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)
Caps on damagesThe 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 sueThree 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 ruleA 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)
united states · sister site
Your head & brain claim in Arkansas. See the number for your own case.

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★ AR · reported head & brain outcomes

What Arkansas courts have awarded.

Real Arkansas decisions and verdicts, each linked to the court record or official report.

  • 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. The surgeon began on the left side, then repositioned him and operated on the right, and told the family no harm had been done. Cody finished high school, but his father testified he was never the same: unable to show emotion, with a blank look, and he later lived at a neurorehabilitation center. The jury awarded $20 million; the court reduced it to $11 million under the insurance limits, and the Supreme Court affirmed.

★ AR · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Arkansas.

  1. 1

    Brain injury can show up as a change in personality. Metheny’s case rested on how he changed after surgery, described by his family, not only on scans.

  2. 2

    Who you sue affects what you collect. Metheny’s award was limited by the insurance policy because the claim ran against the insurer of a hospital that could not be sued directly.

  3. 3

    No statutory cap applies to ordinary brain injury claims in Arkansas, so the value turns on proof of lifelong care and lost potential.

★ AR · statute of limitations
3 years for personal injury; 2 years for medical malpractice

Ark. Code Ann. § 16-56-105

★ AR · fault rule
Modified comparative, 50% bar

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

★ AR · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Arkansas.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Arkansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Arkansas · you are hereModified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice—
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
KansasModified comparative, 50% bar2 years from date of injuryKS · head & brain →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · head & brain →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
★ AR · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of AR
Arkansas overview

Fault rule, statute, caps, and key facts for Arkansas as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Arkansas. See /methodology, /sources, and /disclaimer.