Personal Injury Statute of Limitations in Arkansas
Last verified 2026-07 · Source: Ark. Code Ann. § 16-56-105(3) ✓ verified · 3 sources
The deadline
3 years
from Date of injury or accrual of cause of action, under Ark. Code Ann. § 16-56-105(3).
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Arkansas law sets a hard deadline of 3 years to file a personal injury lawsuit. The controlling statute is Ark. Code Ann. § 16-56-105(3), and the clock generally starts on Date of injury or accrual of cause of action. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Arkansas Deadlines for Related Claims
When the Clock Starts
In Arkansas, the limitations period for personal injury lawsuits generally begins on Date of injury or accrual of cause of action. Arkansas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice required before suit against state entities; Arkansas Claims Commission has jurisdiction over state tort claims
- Damage caps: No statutory cap on compensatory damages for general personal injury
Modified comparative fault — plaintiff barred if 50% or more at fault (Ark. Code Ann. § 16-64-122). No free official online source — Justia accepted as primary per schema rules for Arkansas.
Source: Ark. Code Ann. § 16-56-105(3), official Arkansas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Arkansas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Arkansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Arkansas | 3 years | Ark. Code Ann. § 16-56-105(3) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Louisiana | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Arkansas?
You have 3 years from Date of injury or accrual of cause of action, under Ark. Code Ann. § 16-56-105(3).
Can I still sue after 3 years in Arkansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Arkansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice required before suit against state entities; Arkansas Claims Commission has jurisdiction over state tort claims
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Sources
- Official Ark. Code Ann. § 16-56-105 — Actions with limitation of three years (Justia)
- Corroborating Arkansas Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating Ark. Code Ann. § 16-56-105 (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arkansas attorney.