A car accident can happen in the blink of an eye. You’re in pain and your medical bills are piling up. Now what? For many, after their initial medical issues are dealt with, the next step is to pursue a personal injury lawsuit against the responsible party.
Whether or not you can bring forth a personal injury lawsuit after a car accident in Little Rock, Arkansas is governed by a combination of state laws and local regulations. Here are some key aspects of personal injury laws that pertain to Little Rock car accidents:
Statute of Limitations: In Arkansas, the statute of limitations for most personal injury lawsuits is generally three years from the date of the injury or discovery of the injury. This rule applies to car accidents as well. In most cases, you have three years to file a lawsuit seeking compensation for your injuries. Failing to file within this time frame can result in the loss of your right to seek compensation.
Comparative Fault: Arkansas is one of the many states that follow a modified comparative fault system. This means that if you are found partially at fault for a car accident, your compensation will be reduced by the percentage of your fault. Perhaps they were speeding and hit you, but you didn’t have your headlights on. However, if you are determined to be 50% or more at fault, you may be barred from recovering any compensation. Arkansas is not one of the states where you can seek compensation if you mainly caused the accident.
Caps on Damages: Arkansas places caps on non-economic damages in medical malpractice cases. Non-economic damages in medical malpractice cases are capped at $500,000. This would cover things like emotional distress. There are generally no caps on non-economic damages in other personal injury cases, which pays for medical costs and damage to your vehicle.
Insurance Laws: Arkansas is an at-fault state for car accidents, meaning that the at-fault driver’s insurance is primarily responsible for covering the injured party’s damages. Arkansas law requires all drivers to carry liability insurance. This may seem like good news, but it also means one if not two insurance companies will be involved in this situation. They most often try to pay out as little as possible. This is just one of the many reasons you’ll want to bring on legal representation. Just because you weren’t at fault doesn’t mean you’ll get a fair deal without someone fighting for your rights.
The specific details of your case may impact how these laws apply to you. If you’ve suffered an injury after a car accident in Little Rock, it’s advisable to consult with an experienced personal injury attorney who is knowledgeable about the latest car accident laws and can provide guidance tailored to your circumstances. In order to find one, contact 1-800-Injured. We are a medical and legal referral network and connect our clients with experienced professionals who can help them with their unique personal injury needs. Contact us right away to move your car accident case forward.