What Not to Say to a Personal Injury Lawyer in Arkansas (and What to Say Instead)
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After a serious accident in Arkansas, understanding your rights is the first step toward protecting your claim. Key state laws, like the three-year deadline to file a lawsuit and the 50% fault rule, mean that your words and actions have significant consequences. This guide focuses on the Arkansas-specific issues you need to be aware of.
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How Arkansas Law Affects Your Personal Injury Claim
While our main article covers what not to say in general, three specific Arkansas laws dramatically influence how you should approach your case. Saying the wrong thing can put you on the wrong side of these rules, potentially costing you your entire claim.
1. Arkansas’s Modified Comparative Fault Rule
Arkansas follows a modified comparative fault system. This law, found in Ark. Code Ann. § 16-64-122, dictates that you can only recover damages if a court finds you to be less than 50% at fault for the accident. If you are found 50% or more responsible, you are legally barred from recovering any compensation. 1
- Local Example: Imagine a collision on a busy road like I-40 where one driver merges improperly, but the other was distracted for a moment. The insurance company will use that moment of distraction to argue you share significant fault. If they can convince a jury you were 50% or more responsible, you get nothing. This is why you should never admit any degree of fault.
2. The Three-Year Statute of Limitations
In Arkansas, you have three years from the date of the accident to file a personal injury lawsuit. 2 While more generous than some states, this is a firm deadline. An insurance adjuster may try to delay your claim, hoping you’ll miss the window to file. It is critical to contact an Arkansas injury lawyer to ensure your rights are protected long before this deadline approaches.
3. No Caps on Damages
Arkansas is one of the few states where the state constitution prohibits placing caps on damages in personal injury cases. 3 This is a major advantage for injured victims, as there is no artificial limit on what you can recover for pain, suffering, and other non-economic losses. Downplaying your injuries is a mistake anywhere, but in Arkansas, it could mean leaving a significant amount of money on the table.
Top Questions for an Arkansas Car Accident Lawyer
Is it worth getting a lawyer for a car accident in Little Rock, AR?
Yes. Given Arkansas’s fault rules and the complexities of insurance claims, an experienced Little Rock car accident lawyer is essential. An attorney handles the insurance adjuster, ensures you meet the three-year statute of limitations, and fights to maximize your compensation, especially since there are no caps on damages in Arkansas.
What if I was partially at fault for my accident in Arkansas?
As long as you were less than 50% at fault, you can still recover damages. For example, if you were found 30% at fault for a crash in Fort Smith, your total compensation would be reduced by 30%. A skilled Arkansas personal injury lawyer can work to minimize the percentage of fault assigned to you.
How do I get a police report after a crash in Fayetteville or Jonesboro?
Obtaining the official crash report is a critical early step. You can typically request the report from the police department that investigated the accident, whether it was the Fayetteville Police Department, Jonesboro Police Department, or the Arkansas State Police. An attorney can manage this process for you and use the report to build your case.
Why Injured People in Arkansas Choose Southern Injury Attorneys
- We Know Arkansas Law: Our attorneys, including Larry “Jimmy” Peters and Ethan D. Sandifer, are licensed in Arkansas and are deeply familiar with its modified comparative fault rule, the three-year statute of limitations, and the fact that there are no damage caps. We handle cases in local courts like the Pulaski County Circuit Court and the Washington County Circuit Court.
- We Understand Local Roads: We have experience with accidents on major Arkansas highways, including I-40, I-30, I-49, and US-67, as they pass through metropolitan and rural areas alike.
- We Are Part of the Community: Our firm is dedicated to helping our neighbors across Arkansas get the justice and compensation they deserve.
