Minors
Children injured in Arkansas get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · Arkansas
You have 3 years to file a personal-injury lawsuit in Arkansas.
The clock starts on the date of injury. The controlling statute is Ark. Code § 16-56-105. Filing one day late dismisses the case with prejudice.
What the Arkansas statute of limitations actually says
If you were injured in Arkansas and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
Arkansas's personal-injury deadline is 3 years from the date of injury (Ark. Code § 16-56-105). Medical-malpractice claims run separately at 2 years, often with a discovery-rule trigger.
The statute itself, Ark. Code § 16-56-105, is the controlling authority. Interpretive decisions come from AR Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Arkansas?
The statute begins running on the date the injury occurred. Several Arkansas appellate decisions have emphasized that the clock is not tolled by ongoing medical treatment or by the plaintiff's subjective sense that the case can wait.
Discovery rule
Arkansas courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
What happens if you file late
Filing late triggers an immediate motion to dismiss "with prejudice." That phrase matters: a dismissal with prejudice cannot be refiled. The same facts cannot be brought as a new case in a different court.
Exceptions that pause or restart the clock
Mental incapacity
Arkansas courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Arkansas cases.
Defendant absence from state
If the at-fault party leaves Arkansas after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Arkansas insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Arkansas courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Arkansas government entities
The Arkansas Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
Comparative-fault rule that applies once you file on time
The statute of limitations decides whether you can sue. Arkansas's comparative-negligence rule then decides what you can collect.
Arkansas applies modified comparative fault (50% bar). Arkansas uses modified comparative fault with a 50% bar: recovery is barred if plaintiff is 50% or more at fault. Authority: Ark. Code § 16-64-122.
All Arkansas civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | Ark. Code § 16-56-105 | Date of injury |
| Medical malpractice | 2 years | Ark. Code § 16-56-105 | Discovery or treatment end |
| Wrongful death | 3 years | Ark. Code § 16-56-105 | Date of death |
| Property damage | 3 years | Ark. Code § 16-56-105 | Date of damage |
Arkansas auto-insurance framework you will encounter
Arkansas is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Ark. Code § 27-19-713 is 25/50/25.
Arkansas requires UM coverage at a minimum of 25/50 (Ark. Code § 23-89-403). Stacking treatment: allowed.
Arkansas damage caps that affect what you can recover
Arkansas does not cap non-economic damages in medical-malpractice cases. Punitive damages are limited per statute (3x compensatory or $250,000). Authority: Ark. Code § 16-55-208.
Arkansas statute-of-limitations FAQ
Does Arkansas extend the SOL if the at-fault driver leaves the state?
Arkansas tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Arkansas insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Arkansas courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Arkansas SOL.
What is "tolling" and when does it apply in Arkansas?
Tolling pauses the clock. Arkansas recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Arkansas-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Arkansas courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Arkansas permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Arkansas court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Arkansas?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Arkansas does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Arkansas personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Arkansas personal-injury statute: Ark. Code § 16-56-105. Primary authority for the 3-year deadline.
- Comparative-negligence rule: Ark. Code § 16-64-122. Establishes modified comparative fault (50% bar) in Arkansas.
- Auto-insurance / financial-responsibility: Ark. Code § 27-19-713. Minimum liability 25/50/25.
- Uninsured-motorist coverage: Ark. Code § 23-89-403.
- Damage caps: Ark. Code § 16-55-208.
- Court verification: Decisions of AR Sup. Ct., AR Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.