Arkansas follows modified comparative fault with a 50 percent bar. This directory covers Arkansas-specific filing deadlines, damage caps, 25/50/25 liability insurance minimums, small claims rules, and links to the Arkansas Bar Association referral resources.
This Arkansas personal injury lawyer directory provides state-specific legal research resources, not paid attorney listings. Arkansas uses modified comparative fault with a 50 percent bar, and understanding this system is essential before consulting an attorney. The 3 years filing deadline, Arkansas's damage cap rules, and 25/50/25 insurance minimums all shape how claims are valued and settled.
Arkansas is a tort (at-fault) state requiring 25/50/25 minimum liability coverage. There is no PIP or no-fault system. Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in Arkansas. The Arkansas Bar Association operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| Arkansas bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://www.arkbar.com/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for Arkansas. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a Arkansas address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general Arkansas personal injury limitation period in this site data is 3 years, with citation to Ark. Code Ann. § 16-56-105. Medical malpractice is listed as 2 years, cited to Ark. Code Ann. § 16-114-203. Wrongful death is listed as 3 years, cited to Ark. Code Ann. § 16-62-102. The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is No broad cap. Summary: No broad med-mal compensatory damages cap identified in current statute. Primary citation: Ark. Const. art. 5, § 32; Ark. Code Ann. § 16-114-201 et seq..
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key Arkansas-specific rules that shape personal injury claims in this state.
| Legal Rule | Arkansas Standard | Citation |
|---|---|---|
| Fault system | modified comparative fault with a 50 percent bar | Ark. Code § 16-64-122 |
| PI statute of limitations | 3 years | Ark. Code § 16-56-105 |
| Med-mal deadline | 2 years | Ark. Code § 16-114-203 |
| Wrongful death deadline | 3 years | Ark. Code § 16-62-102 |
| Min. BI insurance | 25/50/25 | State insurance code |
| PIP required | No | |
| No-fault system | No (tort/at-fault) | |
| Small claims limit | $5,000 | Small Claims Division (District Court) |
| Dog bite rule | Mixed/hybrid | |
| Dram shop liability | No | |
| Govt. claim notice | written notice required | |
| Bar referral | Arkansas Bar Lawyer Referral Service |
Arkansas follows modified comparative fault with a 50 percent bar (Ark. Code § 16-64-122). The plaintiff's damages are reduced by their percentage of fault, but if the plaintiff is found 50 percent or more at fault (equally responsible), they recover nothing. This is stricter than the 51 percent threshold used by most modified comparative states, because a plaintiff who is exactly half at fault loses the entire claim.
Example: A jury awards $200,000. If you are found 45 percent at fault, you recover $110,000. But if you are found exactly 50 percent at fault, you recover nothing under Arkansas's 50 percent bar, even though the other driver was equally negligent.
Because the 50 percent threshold is a hard cutoff, insurance adjusters in Arkansas frequently argue that the plaintiff bears at least 50 percent of the fault to avoid paying any damages at all. This is why documented evidence of the other party's negligence (police reports, witness statements, photos, video footage) is critical in Arkansas claims.
Arkansas requires minimum liability insurance of 25/50/25: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage per accident.
| Coverage Type | Arkansas Minimum |
|---|---|
| Bodily injury per person | $25,000 |
| Bodily injury per accident | $50,000 |
| Property damage | $25,000 |
| PIP (Personal Injury Protection) | Not required |
| No-fault system | No (tort/at-fault state) |
When the at-fault driver carries only minimum coverage and medical bills exceed the $25,000 per-person limit, the gap becomes an underinsured motorist (UIM) issue. Check your own auto policy for UM/UIM coverage, as it may provide additional recovery that does not depend on the at-fault driver's insurance.
Arkansas small claims courts (Small Claims Division (District Court)) handle disputes up to $5,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
Arkansas applies a mixed approach to dog bite liability. Strict liability may apply in certain circumstances (such as when a dog is at large in violation of local ordinances), while the traditional one-bite rule applies in other situations. The specific facts of the incident and applicable local ordinances determine which standard controls.
Arkansas does not have a general dram shop act. Bars and restaurants that serve alcohol to adults who later cause injuries are generally not liable for those injuries. This limits recovery options in drunk-driving cases to the intoxicated driver alone. Exceptions may exist for serving alcohol to minors.
Claims against Arkansas government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: written notice required. Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
Arkansas-specific accident scenarios include trucking crashes on I-40, I-30, and I-49 corridors, agricultural equipment accidents in the Mississippi Delta region, poultry processing plant injuries in northwest Arkansas, timber industry accidents, and severe weather-related car crashes. Pulaski County Circuit Court (Little Rock), Washington County (Fayetteville), and Sebastian County (Fort Smith) are among the busiest civil courts.
Arkansas uses a stricter 50% fault bar than neighboring Missouri (pure comparative) and Tennessee (50% bar). Arkansas has a 3-year PI statute of limitations, longer than Tennessee (1 year) and Mississippi (3 years). Unlike Texas (30/60/25), Arkansas uses standard 25/50/25 insurance minimums.
Start by confirming the lawyer's active license through the Arkansas Bar Association. Check for any public disciplinary history. Ask whether the lawyer personally handles Arkansas personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in Arkansas courts.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in Arkansas.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
If a government entity may be involved, note the written notice required notice deadline and bring any correspondence already sent to the government agency.
The Arkansas Bar Lawyer Referral Service can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income Arkansas residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a Arkansas ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Under Arkansas's modified comparative fault rule (Ark. Code § 16-64-122), if you are found 50 percent or more at fault (equally responsible), you cannot recover any damages. You must be less than 50 percent at fault to receive a reduced damages award.
The general statute of limitations for personal injury in Arkansas is 3 years (Ark. Code § 16-56-105). Medical malpractice claims have a 2 years deadline (Ark. Code § 16-114-203). Wrongful death claims must be filed within 3 years (Ark. Code § 16-62-102). Claims against government entities may require earlier notice.
Arkansas requires 25/50/25 minimum liability coverage: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage. Arkansas is a tort (at-fault) state with no PIP or no-fault system.
Arkansas small claims courts (Small Claims Division (District Court)) handle disputes up to $5,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The Arkansas Bar Lawyer Referral Service connects the public with licensed attorneys. You can access this service through the Arkansas Bar Association website. The ABA and LSC also provide public referral resources.
Last reviewed: May 05, 2026 (state Bar referrals + recent verdict data verified via official sources).
Author: Mustafa Bilgic — operator of SettlementCalculator. About · Contact · Disclaimer
Sources: American Bar Association (ABA), state Bar Associations directories, court verdict databases (Westlaw, Lexis), state-specific tort statutes, NOLO legal references.
NOT LEGAL ADVICE: Calculator results are estimates only. Every case is unique. Consult a licensed attorney in your state. We do not provide legal services and are not affiliated with any law firm. Lawyer referral information is provided for informational purposes only.