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★ Arkansas · whiplash

Whiplash settlements
in Arkansas.

By Reviewed by Abd Shanti, Founder9 min read

Arkansas juries decide neck injury cases on the story as much as the scans. One jury awarded $36,000 after a side impact crash when the lawyer broke pain down year by year; another found neither driver at fault and awarded nothing.

Facts that decide a whiplash claim in Arkansas

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)
Seat belt useAdmissible since the Arkansas Supreme Court struck down the statutory ban.Mendoza v. WIS International (Ark. 2016), in the MyClaimWorth seat belt chart
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)
united states · sister site
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★ AR · reported whiplash outcomes

What Arkansas courts have awarded.

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

  • 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. She had neck, back, shoulder and hip injuries; her family doctor said the injury was not permanent, but her chiropractor diagnosed chronic sciatic neuritis. Her lawyer asked for $4,000 a year until trial and $1,000 a year for her remaining 32 years, $52,000 in all. The jury awarded $36,000 and the Court of Appeals affirmed.

  • 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. Baker went by ambulance to hospital and claimed $17,436.75 in medical bills. The jury found neither driver negligent, and the Court of Appeals affirmed.

★ AR · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Arkansas.

  1. 1

    Per diem arguments can work. Summerville’s lawyer broke her pain into a yearly figure over her life expectancy, and the jury awarded most of what was asked.

  2. 2

    Treating providers can disagree. Summerville’s doctor saw no permanent injury, but her chiropractor’s x-rays and diagnosis supported the award.

  3. 3

    Fault comes first. Baker had ambulance and hospital bills, but a jury that could not decide who ran the light awarded nothing.

★ 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 whiplash settlement in Arkansas.

★ whiplash · 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 whiplash claims.

JurisdictionFault ruleLimitationWhiplash 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 · whiplash →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · whiplash →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · whiplash →
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 · whiplash →
MississippiPure comparative negligence3 years from date of injuryMS · whiplash →
North CarolinaPure contributory negligence3 years from date of injuryNC · whiplash →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · whiplash →
IdahoModified comparative, 50% bar2 years from date of injuryID · whiplash →
KansasModified comparative, 50% bar2 years from date of injuryKS · whiplash →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · whiplash →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · whiplash →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · whiplash →
★ AR · whiplash · frequently asked

Common questions.

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

united states · sister site
Hurt in a car crash in Arkansas? See what your own claim could be worth.

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

Check my case

Sources

Checked 2026-09-29.

★ all of AR
Arkansas overview

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

★ national frame
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.