Personal Injury Laws in Arkansas

Personal Injury Law in Arkansas: Overview

Arkansas uses a modified comparative fault system with a 50% bar, meaning a plaintiff can recover damages only if their fault does not equal or exceed that of the defendant. If the plaintiff is 50% or more at fault, they are barred from recovery entirely. Arkansas has a three-year statute of limitations for most personal injury claims, which is longer than many neighboring states. The state does not impose caps on compensatory damages in most personal injury cases, though medical malpractice cases are subject to specific rules. Arkansas is a fault-based state for auto accidents and does not use no-fault insurance. The state recognizes comparative fault, joint and several liability with right of contribution, and allows claims for wrongful death, product liability, and premises liability under traditional negligence principles.

Key Statutes & Deadlines

Modified Comparative Fault with 50% Bar

Under Arkansas law, a plaintiff's recovery is reduced by their percentage of fault, but if the plaintiff is found to be 50% or more at fault, they are completely barred from recovery. This means a plaintiff who is 49% at fault can recover 51% of their damages, but a plaintiff who is 50% at fault recovers nothing. This rule applies to all negligence-based personal injury claims. When multiple defendants are involved, the plaintiff's fault is compared to the combined fault of all defendants. Arkansas courts have held that the burden of proving comparative fault lies with the defendant.

Joint and Several Liability

Arkansas follows a modified joint and several liability rule. Under the comparative fault statute, each defendant is liable only for their proportionate share of fault unless the plaintiff's fault is zero, in which case joint and several liability may apply. When a defendant is found to be less than the plaintiff's fault percentage, they are only severally liable for their percentage. This system encourages plaintiffs to identify and sue all potentially liable parties to maximize recovery. The right of contribution among defendants is recognized, allowing a defendant who pays more than their share to seek reimbursement from co-defendants.

Automobile Accident Claims

Arkansas is a fault-based state for automobile accident claims. The minimum liability insurance requirements are $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. Uninsured motorist coverage is mandatory unless rejected in writing by the insured. Arkansas does not have a guest statute limiting liability to vehicle passengers. The state allows stacking of uninsured/underinsured motorist coverage across multiple policies. Texting while driving is prohibited for all drivers, and violations may be relevant evidence of negligence in personal injury cases.

Arkansas Court System

Personal injury cases in Arkansas are filed in Circuit Court, which is the trial court of general jurisdiction. Arkansas has 28 judicial circuits. District Courts handle smaller civil matters with a jurisdictional limit of $25,000. Appeals from Circuit Court go to the Arkansas Court of Appeals, and further appeals may be taken to the Arkansas Supreme Court. Civil jury trials use 12-member juries, and a three-fourths majority verdict (9 of 12) is sufficient in civil cases. Venue is proper in the county where the defendant resides or where the cause of action arose. Arkansas also has an alternative dispute resolution program that encourages mediation before trial.

Damages & Penalties

Arkansas allows recovery of economic damages including medical expenses, lost wages, loss of earning capacity, and future medical costs. Non-economic damages such as pain and suffering, emotional distress, and loss of consortium are recoverable without statutory caps in most personal injury cases. Punitive damages are available when the defendant acted willfully, wantonly, or with malice, and are subject to statutory limitations. Under Arkansas law, punitive damages generally cannot exceed three times compensatory damages or $250,000, whichever is greater, unless the defendant acted with intentional misconduct. Pre-judgment interest is available on liquidated claims at 6% per annum. Arkansas also recognizes the collateral source rule, preventing defendants from reducing damages by the amount of insurance payments the plaintiff received.

Recent Legislative Changes

Arkansas enacted tort reform legislation addressing punitive damages and medical malpractice standards. Recent court decisions have clarified the application of comparative fault in multi-party cases and the standards for admission of expert testimony under the Daubert framework, which Arkansas adopted in place of the older Frye standard.

Frequently Asked Questions