Arkansas

Find an Attorney in Arkansas

Arkansas pairs 50% modified comparative fault with a 3-year personal-injury SOL and significant tort-reform-era statutory limits. Whether your case is in Pulaski (Little Rock), Washington (Fayetteville/Bentonville), or rural Arkansas, local counsel matters.

Practice areas in Arkansas

Common questions about Arkansas attorneys

Three years from the date of injury under A.C.A. § 16-56-105 for most negligence claims. Claims against governmental entities require a notice under the Arkansas Tort Claims Act. Medical malpractice has its own 2-year SOL under A.C.A. § 16-114-203.
Under A.C.A. § 16-64-122, you can recover only if your fault is less than 50%. At exactly 50% or above, you recover nothing — slightly stricter than the 51% bar in most modified-comparative states. The jury assigns percentages, and your damages are reduced by your share.
Currently no general statutory cap on compensatory damages in personal-injury cases. The Arkansas Supreme Court has repeatedly struck down legislative attempts at tort-reform caps under the state constitution. Punitive damages are capped under A.C.A. § 16-55-208 at the greater of $250,000 or three times compensatory damages, up to $1 million. The constitutional landscape on damages caps remains contested.
Arkansas med-mal under A.C.A. § 16-114-209 requires plaintiffs to support claims with specific evidence of the applicable standard of care — typically expert testimony — and the 2-year SOL is shorter than the general PI period. Procedural traps under Arkansas pleading and discovery rules can dispose of cases at summary judgment if plaintiff’s evidence fails to meet the statutory specificity.
Arkansas workers’ comp under A.C.A. § 11-9 runs through the Workers’ Compensation Commission. You file Form AR-N, attend mediation, and proceed to a hearing before an Administrative Law Judge if not resolved. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is employer-directed under Form 5 unless the employee changes physicians once with notice.

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