Frequently Asked Questions in Arkansas

Accidents can happen when you least expect them, whether you’re driving down a rural highway or walking through a store in Little Rock. In the aftermath, many people feel overwhelmed by questions about their legal rights, insurance policies, and available resources. If you or a loved one has been injured in Arkansas, this guide can help you find reliable information and take the right steps. Below are common questions that accident victims and their families often ask in Arkansas.

How long do I have to file a personal injury claim in Arkansas?

In Arkansas, you generally have three years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you miss it, the court will likely dismiss your case, and you may lose the chance to recover damages. It’s important to act quickly so your lawyer can gather evidence and protect your rights.

What should I do after an accident in Arkansas?

Call 911 right away to report the accident and check for injuries. If you’re able, take photos of the scene and get contact information from witnesses and others involved. Even if your injuries seem minor, seek medical attention as soon as possible. Be sure to report the incident to your insurance company and consider speaking with an attorney before agreeing to any settlement.

Do I have to report all car accidents to the police?

Arkansas law requires you to report any car crash that results in injury, death, or property damage over $1,000. Most of the time, this is done by calling the police at the scene so they can file a report. If law enforcement doesn’t respond, you may need to submit a written report to the Arkansas State Police. Having a report on file can be helpful when dealing with insurance claims or legal issues.

What happens if I’m partially at fault for the accident?

Arkansas uses a modified comparative fault system. This means you can still recover compensation if you are less than 50 percent at fault for the accident. However, your compensation will be reduced by your percentage of fault. If you are found to be 50 percent or more responsible, you won’t be able to collect damages.

Can I still get compensation if the other driver is uninsured?

Yes, if you have uninsured motorist coverage as part of your own auto insurance policy, it may help cover your injuries and property damage. If you don’t have that coverage, you can still sue the other driver, but collecting money from someone without insurance or assets can be difficult. It’s worth reviewing your policy to see what protection you have. A lawyer can also help you explore other legal options.

How can I get a copy of my Arkansas accident report?

You can request a crash report from the law enforcement agency that responded to your accident, or through the Arkansas State Police. You’ll need to provide details like the date, location, and names of those involved. There may be a small fee to obtain the report. It usually takes a few days for the report to become available.

What damages can I recover in a personal injury lawsuit?

You may be eligible for compensation for medical expenses, lost income, property damage, pain and suffering, and future treatment costs. In some severe cases, punitive damages may also be awarded to punish the wrongdoer. Each case is different, so the amount of compensation depends on the severity of your injuries and the impact on your life. An attorney can help calculate your potential recovery.

What if someone dies in an accident caused by another person’s negligence?

In Arkansas, certain family members can file a wrongful death lawsuit if their loved one dies due to negligence. The claim is usually filed by the personal representative of the deceased person’s estate. Damages may include funeral costs, lost income, and loss of companionship. The statute of limitations for wrongful death is also three years from the date of death.

Are there support programs for accident victims in Arkansas?

Yes, accident victims may qualify for programs such as Medicaid, SNAP, or temporary assistance. The Arkansas Crime Victims Reparations Board may offer help if the injuries resulted from a criminal act like a hit-and-run or DUI. Mental health support is also available through community health centers across the state. These resources can offer much-needed help during a difficult time.

Should I accept the first settlement offer from the insurance company?

It’s not recommended to accept the first offer without reviewing it carefully. Insurance companies often offer less than your claim is truly worth to save money. Once you accept an offer, you usually can’t ask for more money later, even if new expenses come up. A lawyer can help you understand whether the offer is fair or if you should negotiate for more.

What should I do if I was injured at work?

If you’re hurt on the job in Arkansas, you should report the injury to your employer immediately. Most workers are covered by workers’ compensation, which can provide medical treatment and partial wage replacement. If a third party caused the injury, you might also have a personal injury claim. Speaking with an attorney can help you determine what compensation you’re entitled to.

How long does a personal injury claim usually take in Arkansas?

The timeline varies depending on how serious your injuries are, how cooperative the insurance company is, and whether the case goes to trial. Some claims settle in a few months, while others may take more than a year. It’s important to stay patient and work closely with your attorney. A rushed settlement may not fully cover your long-term needs.

Can I sue a government agency in Arkansas?

Yes, but special rules and shorter deadlines apply when filing claims against state or local government agencies. You usually need to file a notice of claim before you can sue. These deadlines can be as short as one year. Because these cases are more complicated, it’s important to speak with a lawyer as soon as possible.

Do I really need a lawyer for my injury case?

While you’re not required to have a lawyer, having legal representation can help ensure that your rights are protected. Insurance companies often try to minimize payouts or deny claims. A lawyer can gather evidence, negotiate on your behalf, and make sure you meet all deadlines. Many attorneys work on a contingency basis, so you don’t pay unless you win.