Arkansas · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Arkansas?

Arkansas gives you 3 years from the date of injury to file a personal injury lawsuit under Ark. Code Ann. § 16-56-105.

Updated 2026-05-22 · See all 50 states

Key facts: Arkansas

Personal injury deadline
3 years
Ark. Code Ann. § 16-56-105
Wrongful death deadline
3 years
Ark. Code Ann. § 16-62-102
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Arkansas follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Arkansas

Three years for both PI and wrongful death (from date of death). If a nonsuit is entered, the claim must be refiled within one year. Medical malpractice has a separate two-year deadline under Ark. Code Ann. § 16-114-203.

Related: Arkansas comparative negligence rule

Arkansas follows a modified 50% bar rule. Modified comparative fault with a 50% bar; the claimant recovers only if fault is less than 50% of the total. At exactly 50% the claimant is barred.

Read the full Arkansas comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Arkansas attorney before relying on it.

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Arkansas Statute of Limitations FAQ

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

In Arkansas, the general personal injury statute of limitations is 3 years from the date of injury under Ark. Code Ann. § 16-56-105. Three years for both PI and wrongful death (from date of death). If a nonsuit is entered, the claim must be refiled within one year. Medical malpractice has a separate two-year deadline under Ark. Code Ann. § 16-114-203.

Does Arkansas have a separate deadline for wrongful death?

Yes. Arkansas's wrongful death statute of limitations is 3 years under Ark. Code Ann. § 16-62-102. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Arkansas personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Arkansas personal injury attorney before assuming a claim is barred.

What is Arkansas's comparative negligence rule?

Arkansas follows a modified 50% bar rule under Ark. Code Ann. § 16-64-122. Modified comparative fault with a 50% bar; the claimant recovers only if fault is less than 50% of the total. At exactly 50% the claimant is barred.

Where can I read the actual statute?

The controlling statute is Ark. Code Ann. § 16-56-105. The full text is available on the official Arkansas legislature website at https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-56/subchapter-1/section-16-56-105/.

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