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Arkansas Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Arkansas is two (2) years (Ref: Arkansas Code Annotated Sec. 16-56-105). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within 3 years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration, or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Arkansas Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Arkansas personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Arkansas

There are some variations & exceptions to the 3 years statute of limitations on personal injury cases in Arkansas. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law. 

  • Extending the Lawsuit Filing Deadline in Arkansas: For property damage claims -- and for most other kinds of civil lawsuits in Arkansas -- a number of situations could serve to extend the three-year lawsuit filing deadline. For example, special rules usually apply if, at the time the property damage occurs, the property owner is under the age of 21 or is "legally insane." These are considered "legal disabilities" by the Arkansas courts, so that once the period of legal disability ends -- meaning the property owner turns 21 or is declared legally sane -- he or she will have three years to get the property damage lawsuit filed.

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Arkansas statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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