What Is the Arkansas Statute of Limitations for Personal Injury Claims?

Aug 26, 2020 | By Wes Cottrell | Read Time: 3 minutes

After suffering injuries in an accident or at the hands of another, you may be considering filing a lawsuit. Lawsuits are subject to statutes of limitations. If you are contemplating legal action, don’t wait—contact an Arkansas personal injury attorney today.

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What Is a Statute of Limitations?

A statute of limitations is a law that imposes a time restriction on your ability to file your lawsuit. Statutes of limitations apply to every kind of lawsuit. While you may be able to file your lawsuit after this clock has run, it is highly unlikely that you will be permitted to pursue your claim. The opposing party will bring the expiration of the statute of limitations to the court’s attention, and your case will be dismissed. Failing to file your lawsuit within the time allotted will forfeit your right to damages for your losses.

Arkansas Statute of Limitations for Personal Injury Claims

The general personal injury statute of limitations in Arkansas is three years from the date that the injury occurred. This statute of limitations applies to specific types of personal injury cases, including those based on car or truck accidents. Three-year statutes of limitations also apply to product liability and wrongful death cases. Medical malpractice cases, on the other hand, must be filed within two years of when the injury occurred.
If you are unsure about what kind of lawsuit you may have, a qualified Arkansas personal injury attorney can evaluate your case.

Exceptions to the Statute of Limitations

While most statutes of limitations are two or three years, certain exceptions may qualify a person for an extension to this time constraint.

Tolling

Certain situations may toll, or pause, the statute of limitations. If a plaintiff is under 18, the statute of limitations will be tolled until their 18th birthday. They will then have three years—until they turn 21—to file their lawsuit. For example, if a plaintiff is 16 when their injury occurred, they will have five years—until their 21st birthday—to file their lawsuit.

The Discovery Rule

Arkansas follows the discovery rule. The discovery rule states that the statute of limitations will not begin until a plaintiff discovers their injury. Injuries do not always show themselves right after an accident. Some injuries take some time to surface. Once your injuries are evident, the statute of limitations will begin.

Hire an Attorney Today

The statute of limitations should give you the time you need to file your personal injury lawsuit after suffering your injuries, but you will need to act promptly. The best way to ensure that your lawsuit goes through without issue is consulting a personal injury attorney.
The Cottrell Law Office has over three decades of experience helping clients that have suffered injuries. Wesley Cottrell prides himself on offering clients compassion, personal attention, and high-quality legal representation. Put our knowledge, passion, and determination to the test. Call our law office today at (800) 364-8305, or contact us online, and let’s see how we can help you.

Wesley Cottrell

Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.