How long do you have to file a car accident lawsuit in Arkansas?
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Car accidents happen in an instant, but the legal repercussions can take years to resolve. In the mad scramble of days and weeks after an accident, it’s only natural to focus on medical expenses, car repair, and insurance claims.
Yet one crucial item that can get overlooked in the jumble is the legal time limit to sue. Miss it, and you permanently lose the right to recover damages—no matter how strong your case.
In Arkansas, specific deadlines depend on the type of claim you are making. If you are claiming personal injuries, property damage, or wrongful death, knowing the deadlines is the beginning of protecting your rights.
This article covers the statute of limitations for any type of car accident claim in Arkansas and the tighter standards for government cases. Knowing these statutory deadlines may be the difference between achieving justice and receiving nothing.
1. Personal injury claims – within 3 years from the incident
If you have been harmed in an Arkansas motor vehicle crash, you have three years from the date of your crash in which to bring action for personal injuries under Arkansas law. According to Ark. Code Ann. § 16-56-105, the three-year statute of limitation for suits on account of personal injuries applies.
This is the deadline for injuries such as whiplash, fractured bones, and spinal injuries, as well as for injuries you suffered as a result of the accident. Significantly, you must bring your suit within this deadline because, after three years, you can be barred from pursuing your compensation claim.
With this in mind, if you happen to be in an accident in the state of Arkansas or its surrounding areas, you should contact a reputable Little Rock personal injury lawyer as soon as possible. An experienced attorney familiar with Arkansas personal injury law can act quickly to preserve evidence, assess your injuries, and ensure your claim is filed within the state’s three-year statute of limitations. Legal professionals often emphasize this urgency, especially when government entities or multiple liable parties are involved.
In certain cases, however, the three-year statute may be tolled if, for instance, there are late-developing injuries or if the defendant is out of state. Always consult with an attorney for the most specific insight into your case.
2. Property damage claims – within 3 years of the accident
Like filing personal injury claims, Arkansas has three years from the incident date to make property damage claims. Ark. Code Ann. § 16-56-105 is the law governing this, and it will compensate you for any damage to your car or personal property due to the Accident.
For example, suppose your vehicle was written off in an accident or suffered severe damage. In that case, you have three years from the incident to sue the party at fault to recover the cost of repairing or replacing your vehicle. The three-year window ensures that your case will be heard and that your right to recover your economic loss will be preserved.
Additionally, if you wait too long to file your action for property damage, your action can be dismissed in court. So, be prepared with supporting documents, such as repair estimates, damage photographs, and other supporting documentation of your property damage, to substantiate your claim.
3. Claims for wrongful death – within 3 years from the death of the victim
If the vehicle collision is fatal, the survivors or beneficiaries of the victim can sue for wrongful death to compensate for the loss. In Arkansas, there is also a three-year statute of limitations on bringing lawsuits for wrongful death, but the limitation is based on the victim’s date of death, not the date of the collision.
Hence, this is enacted per Ark. Code Ann. § 16-62-102, a statute governing wrongful death suits. Recovery is allowed for damages like funeral expenses, loss of economic support, and emotional distress.
However, if your relative died in an auto crash, take action as fast as possible by contacting an attorney so that you don’t lose this critical deadline. An attorney at Little Rock specializing in personal injury law can assist you in filing a wrongful death suit so that you can do this within the law’s stipulated time frame.
3. Claims against governments – shorter deadlines apply
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The rules differ if you are suing a government agency, such as a state, county, or city government. There are shorter time limitations for suing government agencies under Arkansas law. In most cases, you may be asked to present a notice of claim within as few as 90 days after the accident before you can use it legally.
That is outlined in Ark. Code Ann. § 21-15-102, whereby individuals must notify the government agency that collided with them in writing. Generally, the notice must include facts of the incident, damages suffered, and grounds of the claim under the statute. Failing to file this notice within the specified timeframe may bar you from filing your suit.
Moreover, these deadlines vary depending on the agency and the type of claim, so you are advised to employ an experienced attorney when suing government entities. This is how you will manage the formalities and avoid having your case dismissed due to failure to meet any deadlines.
4. Why waiting to file a claim is not advisable
While you do have an allowable three-year timeline, waiting will damage your case. Here is why:
- Evidence disappears: Witness memories fade, security tapes are destroyed, and bills for repairs are lost
- Insurance bad faith: Denial of or failure to act on your claim should your insurers believe you will not sue
- Medical conditions develop: Some injuries (such as traumatic head injuries) do not appear until later, but waiting too long can harm your case.
A Little Rock personal injury attorney can help gather evidence, deal with insurance companies, and file your claim within the allowed timeframe.
Conclusion
Generally, the Arkansas statute of limitations on pursuing a car accident case is three years for personal injury, property damage, and wrongful death. In suing the government entities, however, you must be guided by a shorter requirement, such as a notice of claim in 90 days. Be informed about such deadlines and follow them to protect your rights.
If you are unsure what deadlines apply to your situation, consult with a Little Rock personal injury attorney. They can lead you through the process of the law, procure necessary evidence, and have your claim filed within the required timeframe.