Whiplash settlements
in Arkansas.
Arkansas applies modified-50 comparative fault and gives a relatively long three-year limitation window for general personal injury claims. For whiplash claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Arkansas's modified comparative — 50% bar and any applicable statutory cap.
Arkansas applies modified comparative negligence with a 50% bar. For whiplash claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects whiplash settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.
Arkansas's caps (punitive damages cap) apply to the non-economic component of whiplash damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The US band is the starting point. Arkansas's fault rule and any applicable cap then adjust the figure.