Deadlines to File an Injury Lawsuit in Arkansas
How long you have to sue in Arkansas for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. Ark. Code Ann. § 16-56-105
| Deadline to sue for an injury | Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury." Read on a FindLaw mirror of the Arkansas Code (Arkansas's official code is published through a commercial vendor). Source: Ark. Code Ann. § 16-56-105 |
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| Deadline to sue for property damage | Actions for taking or injuring goods or personal property (such as a vehicle) and for trespass on land must be filed within three years after the cause of action accrues. Read on a FindLaw mirror of the Arkansas Code. |
| Medical malpractice deadline | Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). If a foreign object left in the body could not reasonably have been discovered within two years, the claim may be filed within one year after it was or should have been discovered. If the patient was 9 or younger, the deadline is the later of the child's 11th birthday or two years after the act; if the injury could not reasonably have been discovered before age 11, the claim may be filed within two years after discovery, but no later than the child's 19th birthday. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-114-203 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within three years after the death. If the defendant was convicted of capital murder or first- or second-degree murder, the suit may be filed within the time allowed for bringing a murder charge. If the case is dismissed without prejudice (nonsuit), it may be refiled within one year. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-62-102(c) |
| Suing the government | Counties, cities, school districts and other political subdivisions are immune from suit for damages except to the extent they are covered by liability insurance, and no tort action lies against them for the acts of their employees. Claims against the State go to the Arkansas State Claims Commission and must be filed within the same time allowed for a lawsuit on the same type of claim. Read on a FindLaw mirror of the Arkansas Code. |
More Arkansas personal injury & wrongful death
- Wrongful Death Lawsuits in Arkansas
- Medical Malpractice Rules in Arkansas
- Car Accident Claims in Arkansas
- Dog Bite Liability in Arkansas
- Motorcycle Accident Claims in Arkansas
- Pedestrian Accident Claims in Arkansas
- Bicycle Accident Claims in Arkansas
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- Construction Site Injuries in Arkansas
- All Arkansas personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Arkansas?
Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury."
How long do you have to sue for property damage in Arkansas?
Actions for taking or injuring goods or personal property (such as a vehicle) and for trespass on land must be filed within three years after the cause of action accrues.
What is the statute of limitations for medical malpractice in Arkansas?
Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). If a foreign object left in the body could not reasonably have been discovered within two years, the claim may be filed within one year after it was or should have been discovered. If the patient was 9 or younger, the deadline is the later of the child's 11th birthday or two years after the act; if the injury could not reasonably have been discovered before age 11, the claim may be filed within two years after discovery, but no later than the child's 19th birthday.
How long do you have to file a wrongful death lawsuit in Arkansas?
A wrongful death lawsuit must be filed within three years after the death. If the defendant was convicted of capital murder or first- or second-degree murder, the suit may be filed within the time allowed for bringing a murder charge. If the case is dismissed without prejudice (nonsuit), it may be refiled within one year.
How do you file an injury claim against the government in Arkansas?
Counties, cities, school districts and other political subdivisions are immune from suit for damages except to the extent they are covered by liability insurance, and no tort action lies against them for the acts of their employees. Claims against the State go to the Arkansas State Claims Commission and must be filed within the same time allowed for a lawsuit on the same type of claim.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.