Statute Of Limitations For Personal Injury Cases In Arkansas

When someone is injured due to the negligence of another party, there may be grounds for a personal injury lawsuit. However, it’s crucial to keep in mind that these types of cases are subject to a statute of limitations. A statute of limitations is a time limit that restricts the amount of time an individual has to file a lawsuit.

In Arkansas, the statute of limitations for personal injury cases is set by the Arkansas Code Annotated section 16-56-105. The time limit for filing a personal injury lawsuit in Arkansas is three years from the date of the injury.

The Three-Year Time Limit

The three-year time limit applies to most personal injury cases, including car accidents, slip and fall accidents, medical malpractice, and wrongful death claims. If a lawsuit is not filed within three years of the injury date, the case will be dismissed, and the injured party will lose their right to pursue compensation for their injuries.

There are some circumstances where the statute of limitations can be extended or tolled. If the injured party is a minor, the three-year time limit will not begin until they reach the age of 18. This means that if a child is injured in an accident, their parents or legal guardian have until three years from the date of the child’s 18th birthday to file a lawsuit.

Another exception to the three-year time limit is if a person was incapacitated at the time of the injury. If someone was mentally or physically unable to file a lawsuit, the clock on the three-year time limit will not begin until they have regained their capacity.

The Importance Of Filing Within The Time Limit

Filing a personal injury lawsuit is a complicated and lengthy process, and it is crucial to file within the statute of limitations. Failure to do so will likely result in the case being dismissed, and the victim will lose their right to pursue compensation for their injuries.

There are several reasons why it is essential to file a lawsuit within the statute of limitations. For one, the evidence required to support a personal injury lawsuit can be challenging to gather over time. Witnesses can forget what they saw, or evidence can deteriorate or disappear. Additionally, damages can accumulate over time, and an injured party may not realize the extent of their injuries until much later.

Contacting A Personal Injury Attorney

If you have suffered an injury due to the negligence of another party, it is essential to contact a personal injury attorney as soon as possible. A personal injury lawyer can guide you through the process of filing a lawsuit and ensure that your rights are protected. They can also provide advice and assistance in gathering evidence and building a strong case.

In conclusion, if you are considering filing a personal injury lawsuit in Arkansas, it is essential to keep in mind the three-year time limit set by the statute of limitations. Filing within the time limit is crucial to ensure that your case is heard and that you receive the compensation you deserve. Contacting a personal injury attorney can help ensure that your rights are protected and that you receive the best possible outcome in your case.

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