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In the wake of a personal injury, many victims ask the same question: What is my claim worth? Especially in cases involving extensive damage and serious injuries, the thought of pursuing a case for compensation can sound overwhelming.
Knowing the worth of your claim and your potential settlement amount can help reduce hesitation. The value of any given case is generally based on detailed facts, the extent of injuries, and state-specific legal factors.
At NST Law Injury Attorneys, our legal team has a strong presence throughout Arkansas, including Jonesboro, Little Rock, and Rogers. If you have been injured in an accident in Arkansas, our hardworking attorneys can pursue compensation on your behalf while you focus on recovery. Contact us today to schedule a free consultation.
Key Takeaways
No caps on core damages: Arkansas does not place arbitrary limits on what you can recover for your financial losses, pain, or suffering.
The 50% fault rule: You can recover compensation as long as you are less than 50% responsible for the accident, though your payout will be reduced by your percentage of fault.
Actual medical costs: Under current law, your medical damage claims are based on what was actually paid or is legally owed, not the initial inflated bill.
No fixed punitive limits: Punitive damages are reserved for egregious misconduct. The Arkansas Supreme Court struck down statutory caps, meaning they are evaluated on a case-by-case basis.
Strict deadlines: You generally have three years to file a standard injury lawsuit, but this drops to two years for medical malpractice and even less for government entities.
What Determines the Value of a Personal Injury Claim in Arkansas?
While victims can take into account the numerous factors that may impact their case’s value, no formula can replace a proper case evaluation. Your attorney can complete a detailed investigation into the accident and collect all the facts needed to calculate the worth of your case.
Doing this involves assessing the severity and permanence of your injuries and the resulting damages, such as medical expenses, lost wages, and chronic pain. In addition, they will determine the strength of liability, available evidence, and any insurance coverage limits.
Other factors can also play a role in the outcome of your claim, such as the county and court the case is filed in and whether you have shared fault, which is impacted by Arkansas’ comparative fault system.
What Damages Can You Recover in an Arkansas Personal Injury Claim?
Arkansas law affords victims of personal injuries three types of compensation: Economic damages, non-economic damages, and punitive damages. We will take a closer look at each of these below.
Economic Damages
Economic damages are the hard, calculable losses you experience from a personal injury, including medical bills, lost income, future treatment, and property damage. Keep in mind that Arkansas does not place caps on economic damages.
Non-Economic Damages
Non-economic damages cover subjective, intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. Arkansas generally does not cap these damages; however, there may be some exceptions to this rule. For example, beginning in 2025, medical bill recovery became limited to amounts actually paid or owed.
Punitive Damages
Punitive damages punish defendants for reckless, intentional, or egregious misconduct. Although Arkansas statutes once placed financial limits on these awards, the Arkansas Supreme Court has since declared statutory caps unconstitutional. Because there is no fixed maximum dollar limit, these awards are evaluated individually by courts to ensure they remain proportional to the actual harm inflicted.
Arkansas’s Modified Comparative Fault Rule and Its Impact on a Claim
Arkansas uses a modified comparative fault system with a 50% bar rule to determine liability in personal injury claims. Per Ark. Code Ann. § 16-64-122, an injured party can recover compensation as long as they are less than 50% at fault. However, their damages will be reduced in proportion to their share of fault.
If the injured party is found to be 50% or more at fault for their injuries, they will recover nothing. Because of this strict threshold, insurance companies leverage it to aggressively cut payouts. Hiring a skilled local attorney is an effective way to help limit any fault that insurers attempt to push on you.
What Is the Deadline for Filing a Personal Injury Claim in Arkansas?
Personal injury victims generally have three years from the date of the incident to file a lawsuit, according to Ark. Code Ann. § 16-56-105. However, there are exceptions to this rule to be aware of. For instance, in medical malpractice cases, the filing deadline is only two years.
Wrongful death claims begin the three-year countdown on the date of the victim’s death, rather than when they sustained their injuries. Similarly, the countdown tolls for minors until they reach the age of majority. In claims involving a government entity, there may also be a shorter filing deadline.
Due to the numerous variables involved in filing a claim, it is essential to speak with an attorney. Acting quickly can ensure that evidence is still available and that you have plenty of time to compile documentation and file it.NST Law Helps Arkansas Injury Victims Maximize Compensation
NST Law helps Arkansas injury victims maximize their claims by thoroughly investigating accidents, carefully documenting injuries and losses, and dealing directly with insurance companies to fight low settlement offers.
With over 35 years of experience and billions recovered, our firm builds trial-ready cases designed to strengthen leverage in negotiations. We serve clients in Jonesboro, Little Rock, and Rogers on a contingency-fee basis, meaning no fee unless you win. Check out our past successes and client testimonials to get to know us a bit better.
Call NST Law’s Arkansas Team for a Free Personal Injury Consultation
No two cases are alike, and receiving a thorough evaluation from an experienced attorney is the only way to know the true value of a claim. At NST Law, our Arkansas personal injury attorneys offer free consultations, a no-win-no-fee guarantee, and 24/7 availability. We can travel to you, whether that be at your home, the hospital, or the scene of the accident. Call 800-529-4004 or fill out the online form today to get started with a case evaluation.
Frequently Asked Questions About Tennessee Personal Injury Claim Value
Are Personal Injury Damages Capped in Arkansas?
No, Arkansas generally does not cap compensatory damages due to constitutional protections, but punitive damages are subject to statutory limits and must meet specific legal standards.
Can I Still Recover Compensation if I Was Partially at Fault in Arkansas?
Yes, under Arkansas’ modified comparative fault rule, you can recover damages as long as you are less than 50% at fault, though your percentage of fault reduces your recovery.
How Long Will My Arkansas Personal Injury Settlement Take?
How Long Will My Arkansas Personal Injury Settlement Take?
What Happens if the At-Fault Party Does Not Have Enough Insurance?
You may be able to recover through your uninsured/underinsured motorist coverage, so it is important to identify all available insurance and other recovery sources.
Do I Need a Lawyer for My Arkansas Personal Injury Claim?
It is not required, but represented claimants typically recover more because insurers have experienced adjusters and attorneys working to minimize payouts.
Will I Have To Pay Taxes on My Arkansas Personal Injury Settlement?
Compensation for physical injuries is generally not taxable, but portions for punitive damages or previously deducted medical expenses may be subject to taxes.
How Much Time Do I Have To File a Personal Injury Claim in Arkansas?
Most personal injury claims must be filed within three years under Ark. Code Ann. § 16-56-105, though medical malpractice and claims against government entities have shorter deadlines.
