Modified Comparative Negligence (50% Bar)
Arkansas follows modified comparative negligence with a 50% bar rule (Ark. Code § 16-64-122). If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
Arkansas follows modified comparative negligence with a 50% bar rule (Ark. Code § 16-64-122). If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Punitive damage cap does not apply if defendant intentionally harmed victim. Also capped at $250,000 or 3x punitive damages (not to exceed $1M)
$0
Based on reported cases in Arkansas
29,725
Personal injury lawsuits per year
Arkansas follows modified comparative negligence with a 50% bar rule—if you're 50% or more at fault, you cannot recover. The Riddell v. Little (2014) case clarified how Arkansas courts apply this rule in complex multi-party cases.
The Walmart trucking accident that seriously injured comedian Tracy Morgan in 2014 began in New Jersey but highlighted Arkansas-based trucking company liability issues. Such cases have brought attention to commercial trucking litigation.
Arkansas has been a significant venue for medical device litigation, with cases against device manufacturers producing substantial verdicts and settlements for patients injured by defective products.
Arkansas personal injury cases are filed in Circuit Court, with 28 judicial circuits covering 75 counties. Pulaski County (Little Rock) handles the most civil litigation.
Arkansas follows the Arkansas Rules of Civil Procedure. Discovery includes standard interrogatories, depositions, and document requests. The state uses circuit-specific local rules for case management.
Arkansas requires alternative dispute resolution in many circuits before trial. Mediation is commonly used and often successful in resolving personal injury disputes.
Arkansas attorneys are licensed by the Arkansas Supreme Court. For personal injury cases, experience with Arkansas's 50% bar rule is essential to avoid fault allocation that bars recovery entirely.
The Arkansas Trial Lawyers Association is the state's primary plaintiff attorney organization. Members typically have experience navigating Arkansas's comparative fault rules.
Contingency fees in Arkansas typically range from 33-40%. Many attorneys offer free initial consultations to evaluate case strength.
Arkansas's statute of limitations for personal injury is 3 years under Ark. Code Ann. § 16-56-105. This applies to most negligence claims.
Medical malpractice has a 2-year statute of limitations with exceptions for foreign objects. Claims against Arkansas government entities have a 1-year limit and require compliance with the Claims Commission Act.
This calculator provides estimates only and is not legal advice. Laws in Arkansas are complex and individual case results vary. Consult a licensed Arkansas attorney for advice specific to your case.