Legal deadlines aren’t something most people consider in the days following an accident. Still, they play a critical role in whether an injured person can pursue compensation. The statute of limitations Arkansas enforces sets a clear time limit for filing a personal injury claim. Once that window closes, the opportunity to hold someone accountable is often gone. At Taylor King Law, we’ve helped many clients take timely action, often just before the deadline. This guide explains the key timelines, possible exceptions, and how experienced legal help can make all the difference.
While frustrating to someone who’s missed the deadline, a statute of limitations serves an important role in our legal system. In civil cases, it prevents people from taking legal action decades after the accident or event occurred. Cases become much harder to prove many years after the fact: witnesses forget details; evidence is lost; defendants move away. Working within the allotted time period allows your personal injury lawyer to present a solid case and helps the judge or jury to make a better-informed decision.
The statute of limitations in Arkansas is governed by Arkansas Code § 16-56-105, which establishes time limits for filing various types of civil lawsuits. This section of state law outlines how long individuals have to pursue legal action for matters such as personal injury, property damage, and other civil claims.
The legal language in statutes like those listed above can make it challenging to understand. What is the statute of limitations for your specific case? Below, we’ve broken down the time limits for the most common types of Arkansas personal injury cases.
Under Arkansas law, individuals seeking damages for personal injuries must file their claim within three years of the date the injury occurred. This is established under Arkansas Code § 16-56-105.
Examples of personal injury claims this statute covers include:
If you attempt to file a claim after this period has passed, the court will likely dismiss your case, regardless of its merits.
Arkansas law requires that wrongful death claims be filed within three years of the date of death, not the date of the accident or injury. This is outlined under Arkansas Code § 16-62-102, which states that if a person or unborn child dies due to someone else’s negligence or wrongful act, a legal claim may still be pursued despite the fatal outcome.
Wrongful death claims may be brought by a personal representative of the deceased or, in some cases, by specific family members.
In Arkansas, product liability claims must also be filed within three years of the injury. These claims typically arise when a person is injured due to a defective or unsafe product. Time begins from the date the injury is discovered or should have been discovered through reasonable diligence.
This timeframe applies whether the defect resulted from manufacturing, design, or failure to warn about potential dangers. Additionally, claims may involve components that fail during ordinary use, improper assembly, or unclear labeling that omits essential safety precautions.
Medical and legal malpractice claims in Arkansas generally must be filed within two years of the date the alleged malpractice occurred.
However, there is a limited discovery rule. If the malpractice is not immediately known, a patient or client may have a slightly extended window to discover the error. Even so, the limit is strict and exceptions are rarely granted.
This limitation applies to:
If you miss the statute of limitations deadline, your case is almost always dismissed. The court lacks jurisdiction to hear it, and you lose your legal right to compensation, regardless of how serious your injuries may be.
There are extremely few exceptions to this rule. For this reason, timely action is critical.
Missing this legal window can also affect your ability to negotiate out-of-court settlements. Most insurance companies will no longer engage in discussions once the statute of limitations has passed, significantly limiting your recovery options.
In addition to court dismissal, missing the deadline may also prevent you from holding all responsible parties accountable, especially in cases involving multiple defendants.
While Arkansas courts enforce deadlines strictly, a few exceptions exist:
These exceptions are rare and often scrutinized, so they should not be relied upon without legal consultation.
The statute of limitations directly affects your legal rights and financial recovery. It influences how long you have to:
If you wait too long, critical evidence may be lost or degraded, and your case may weaken even before it’s filed. Insurance companies also monitor these timelines closely and are less likely to negotiate once the deadline passes.
Timely legal action not only preserves your right to file, it also enhances your negotiating position with insurers and opposing counsel.
In most cases, no, you cannot file a lawsuit after the statute of limitations expires. Even if you file, the defendant can file a motion to dismiss based on the expired statute, and courts will typically grant it. This holds true even when your injuries are serious or your damages are extensive.
However, exceptions mentioned earlier may apply in very specific circumstances. It’s best to consult with a qualified personal injury attorney to assess whether any exception might save your claim and help identify any viable legal options.
Victims of personal injuries in Arkansas may recover compensatory damages, which are designed to make them whole again. According to Arkansas Code § 16-64-120, damages may include:
Punitive damages, while uncommon, may be awarded in cases where the defendant’s actions were especially egregious or involved intentional misconduct.
In addition, non-economic damages, such as emotional anguish, diminished quality of life, and loss of companionship, may also be recoverable depending on the facts of the case and judicial discretion.
A personal injury attorney ensures your case is filed correctly and on time. These legal professionals understand the critical nuances that can extend or shorten filing windows and affect your rights. They:
For over three decades, experienced legal teams have been helping injured individuals across Arkansas pursue the compensation they deserve. With offices throughout the state, getting legal guidance is more accessible than ever.
If you or someone you love has been the victim of a personal injury, whether that’s a car accident, slip-and-fall case, medical practice, or even wrongful death, there’s no time to waste. The team at Taylor King Law has decades of experience and will ensure that your case is filed before the statute of limitations has passed.
With offices across Arkansas, we’ll be On Your Side, By Your Side. Begin your FREE, no-obligation consultation today by calling 870.246.0505 or submitting a case form at taylorkinglaw.com. You can also visit us to speak with an attorney face-to-face at any of our seven locations:
Arkadelphia | Springdale | Fort Smith | Jonesboro | Little Rock
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
When a defective product, dangerous drug, or widespread corporate misconduct injures many people at once, confusion often fol...
Understanding Arkansas negligence law is essential when filing a personal injury claim in Little Rock or anywhere across the ...
After an accident, it’s natural to feel uncertain about what comes next. The idea of going to court can feel overwhelming, ...
Please describe your accident and the injuries you sustained. One of our experienced injury lawyers will contact you for a free case evaluation. If we’re able to assist and you’re unable to travel, we can meet you at your home, workplace, or hospital.
call for a free consultation
820 W 3rd Street
Little Rock, AR 72201
Phone: 501.712.2554
Toll-Free: 1.877.455.4790
Fax: 870.246.0529
410 N Thompson Street, Suite B
Springdale, AR 72764
Phone: 479.935.1761
Toll-Free: 1.877.283.1274
Fax: 870.293.2475
320 Main Street
Arkadelphia, AR 71923
Phone: 870.246.0505
Toll-Free: 1.877.665.0873
Fax: 870.246.0529
2620 Prince Street
Conway, AR 72034
Phone: 501.712.2554
Toll-Free: 1.877.696.8695
Fax: 870.246.0529
1920 East Matthews Avenue
Jonesboro, AR 72401
Phone: 870.568.1158
Toll-Free: 1.877.589.2660
Fax: 870.520.5099
3801 Rogers Avenue
Fort Smith, AR 72903
Phone: 479.668.3198
Toll-Free: 1.877.899.3202
Fax: 479.234.4216
call 
message