When it comes to personal injury law, things can get complicated quickly. Each state has different laws, and you may find yourself wondering how they apply to you. The Arkansas personal injury lawyers at Taylor King & Associates are well-versed in Arkansas’s specific personal injury laws. Online research doesn’t replace the knowledge and experience an actual lawyer can give you, but learning the basics of Arkansas law can help you feel more confident throughout the process of filing a claim.
Arkansas Auto Insurance Laws
Arkansas is a “fault” or “at-fault” state when it comes to auto accidents. This means that drivers in Arkansas can seek compensation from either their own insurance company or the other drivers, but they can also pursue compensation by filing a case in court.
Statute of Limitations
Every state, including Arkansas, has a “statute of limitations” for filing a personal injury case in court. A statute of limitations is a deadline that prevents people from trying to take legal action decades after the accident occurred. If you have been injured in a car wreck, you have three years to file a lawsuit in Arkansas. If your injuries are not diagnosed until several days after the accident, the three-year period will begin on the date of diagnosis or discovery.
Modified Comparative Fault
With a personal injury claim, sometimes the defense may argue that the injured person was partially to blame for the accident. Arkansas recognizes “modified comparative fault” in cases like this. Under this rule, if you are injured in an accident and are found to be 10% at fault (for example), your awarded damages – the money you receive – will be reduced by 10%. Injured persons who are partly at fault can still be awarded some compensation, as long as their percentage of fault is less than 50%. If a plaintiff is found to be 50% responsible for the accident, they cannot collect compensation money from the defendant/at-fault party.
This rule is usually applied in negligence cases, but insurance adjusters may bring it up during settlement negotiation.
Some states put a cap on damages payable for injury cases, the maximum dollar amount that a plaintiff can be awarded. Arkansas does not set a cap on damages. Section 32 of Article 5 in the Arkansas state constitution prohibits this type of limit.
To learn more about the personal injury laws in Arkansas, check out Title 16 of the Arkansas Code or call one of the personal injury lawyers at Taylor King & Associates for a free case consultation today.