Arkansas Personal Injury Laws

Wrongful death actions must be filed within 3 years of the date of death, not the date of injury.

When an injury was not and could not reasonably have been discovered at the time it occurred, the 3-year period begins from the date the injury was or should have been discovered. Applied particularly in product liability cases.

The statute of limitations is tolled for minors until they reach age 18, at which point they have 3 years to file.

If the defendant leaves the county, hides, or takes actions to avoid being sued, the statute of limitations is tolled during that period.

The Arkansas Constitution prohibits caps on compensatory damages, including non-economic damages. The legislature cannot limit the amount a jury may award for actual injuries.

The statutory punitive damages cap in Ark. Code Ann. § 16-55-208 was struck down as unconstitutional by the Arkansas Supreme Court in 2011. The court held that punitive damages are part of "the amount recovered for injuries" protected by Art. 5, § 32. Only the constitutional due process "grossly excessive" standard limits punitive awards.

The Civil Justice Reform Act of 2003 abolished joint liability. Each defendant is severally liable only for their proportionate share of compensatory and punitive damages.

Effective August 4, 2025, recovery for past medical expenses is limited to amounts actually paid by or on behalf of the plaintiff, or amounts still unpaid for which the plaintiff or a third party is legally responsible. This eliminates recovery based on original billed charges.