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Personal Injury Claims in Arkansas

If you were injured in an accident in Arkansas and you believe that the other party was negligent, then you owe it to yourself to seek out an experienced, knowledgeable attorney that can help you to receive compensation for your pain and suffering. You may be eligible to be compensated for medical costs, lost wages, and non-economic injuries (pain and suffering, to name a few.

Types of claims that can be brought in Arkansas

Personal injury law is broad and covers a range of situations in which a person might be injured. Not all attorneys specialize in or will handle all types of claims.

Some of the more common types of claims are:

  • Slip and fall
  • Medical malpractice
  • Product injury
  • Auto accident

Fault Laws in Arkansas

Arkansas is a “fault” state when it comes to accidents and liability. Plaintiffs have a few options when seeking damages. The two most popular options are to file a claim through an insurance policy or directly file a claim against the defendant, whether through the defendant’s insurance policy or filing a claim in court. If the defendant is found to be at fault, he or she is responsible for paying all damages from the incident.

Required Auto Insurance in Arkansas

Arkansas has a minimum insurance requirements for every vehicle registered in the state. This includes:

  • Bodily injury coverage of $25,000 per person
  • Bodily injury coverage of $50,000 per accident
  • Property damage coverage of $25,000 per accident

Statute of Limitations

As with most personal injury case types, there is a Statute of Limitations (SOL) that dictates when your case must be filed. If your case is not filed in this time period, you may be prohibited from ever bringing your case before a court. Generally, in Arkansas, the SOL is 3 years from the date of the injury. If you are filing on behalf of a deceased person, the SOL is 3 years from the date of the death of the individual.

Arkansas Slip and Fall Case Study

In 1998, Judi Tomlin was shopping at a Wal-Mart in Camp Robinson, AR when she slipped and fell to the floor, requiring knee surgery. The store manager alleged that Ms Tomlin’s fall was due to a piece of plastic string that was on the floor. Later, he testified that the object in question appeared to be a “clear strapping band” that the plaintiff got her foot caught in. Ms. Tomlin was awarded $51,000. She then appealed, alleging that Wal-Mart was negligent to the tune of a larger settlement. Because there was no way to prove how long the band had been there of if anyone knew of it before the accident, her appeal was denied. More can be found here: law.justia.com/cases/arkansas/court-of-appeals/2003/ca02-147. html

Damage Cap

Most states have a limit on the amount that a plaintiff can receive in damages for a general slip-and-fall case. This is known as a damage cap. It should come as a pleasant surprise to most plaintiffs that Arkansas has no cap on these types of damages. A court will review each claim and if the plaintiff is successful, will be awarded the amount that the court thinks is appropriate.

Additional Resources