Arkansas

Get Matched With an Arkansas Attorney

The Arkansas constitution contains a sentence the tort-reform lobby has never managed to beat: the General Assembly may not limit the amount recoverable for injuries to persons or property. Caps passed anyway have been struck down by the Arkansas Supreme Court, and a 2018 attempt to amend the constitution by ballot measure was knocked off the ballot before voters ever weighed in. Pair that with a three-year filing window — among the country's most generous — and Arkansas looks friendly to injured people. But the 50% fault bar is unforgiving, and the two-year medical-malpractice clock runs out faster than most families expect.

Practice areas in Arkansas

Common questions about Arkansas attorneys

Essentially, yes — and it's the most distinctive feature of Arkansas civil law. Article 5, Section 32 of the state constitution forbids the General Assembly from limiting the amount recoverable for injuries to persons or property. When lawmakers capped punitive damages by statute (A.C.A. § 16-55-208), the Arkansas Supreme Court struck the cap down in Bayer CropScience v. Schafer (2011). A 2018 ballot measure that would have amended the constitution to allow caps was disqualified before the vote. The result: an Arkansas jury's damages verdict stands or falls on the evidence, not on a statutory ceiling.
For most negligence claims, three years from the injury under A.C.A. § 16-56-105 — a full year longer than the typical state. Don't let that lull you. Medical-malpractice claims carry only two years under § 16-114-203, and claims involving governmental entities run through the Arkansas claims process with its own requirements and limits. Evidence also doesn't keep: witnesses scatter, surveillance footage gets overwritten in weeks. The generous statute is for filing, not for waiting.
You recover nothing. A.C.A. § 16-64-122 allows recovery only when your fault is less than 50% — at exactly 50%, the claim is barred, which is stricter than the 51% line most modified-comparative states use. Below the threshold, your award is reduced by your percentage. Insurers understand this math perfectly, which is why so much of an Arkansas injury case is spent litigating fault allocation rather than the injury itself.
Usually, yes — Arkansas is one of the last states without an easy no-fault option. Under A.C.A. § 9-12-301 you either prove traditional fault grounds (adultery, cruelty, general indignities) or show 18 months of continuous separation. Arkansas is also one of only three states (with Arizona and Louisiana) offering covenant marriage, which makes divorce harder still for couples who opted in. Property is divided equitably, and how the grounds are framed can shape everything from timing to negotiating leverage.
Expert testimony, prepared early. The Arkansas Medical Malpractice Act requires plaintiffs to prove the applicable standard of care, the breach, and causation through qualified expert proof, and cases without it routinely die at summary judgment. The two-year statute under § 16-114-203 means the expert work has to start almost immediately. The upside of litigating here: with no constitutional room for damages caps, a well-proven Arkansas malpractice case is worth its full measure.
It starts with reporting the injury and filing with the Arkansas Workers' Compensation Commission under A.C.A. § 11-9, then proceeds through mediation and, if needed, a hearing before an Administrative Law Judge. Wage benefits run two-thirds of your average weekly wage up to the state maximum. The catch employees miss: medical care is employer-directed at the outset — the company picks the doctor — though you generally get one change of physician with proper notice. Comp is also your exclusive remedy against the employer, so third-party claims are where additional recovery hides.

Ready to find your attorney?

Tell us what happened — we’ll match you with a Arkansas attorney who can evaluate your case.

Find my attorney

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.