A car accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial strains.
While dealing with medical bills, car repairs, and insurance claims, many accident victims in Arkansas don’t realize that they have a limited time to take legal action. If you’ve been injured in a car accident due to someone else’s negligence, you may be entitled to compensation—but you must act within the legal deadline.
The statute of limitations in Arkansas sets strict time limits on when you can file a lawsuit, and missing this deadline could mean losing your right to recover damages.
In this article, we’ll break down how long you have to file a lawsuit after a car accident in Arkansas, exceptions to the rule, and why acting quickly is in your best interest.
Understanding the Statute of Limitations for Car Accident Claims in Arkansas
What’s the statute of limitations?
The statute of limitations is the legal time limit for filing a lawsuit. Each state has its own laws determining how long an accident victim has to take legal action, and Arkansas is no exception.
This deadline is crucial because if you file your lawsuit after the statute of limitations expires, the court will likely dismiss your case, leaving you with no legal recourse to recover compensation.
How Long Do You Have to File a Car Accident Claim in Arkansas?
Under Arkansas law (Ark. Code Ann. § 16-56-105), the time limits for filing different types of car accident claims are:
- Personal Injury Lawsuit: 3 years from the date of the accident.
- Property Damage Lawsuit: 3 years from the date of the accident.
- Wrongful Death Lawsuit: 3 years from the date of the victim’s passing (if someone dies due to the accident).
This means that if you were injured in a car accident on January 1, 2023, you would have until January 1, 2026, to file a personal injury lawsuit.
While three years may seem like a long time, waiting too long can seriously hurt your case.
Insurance companies may use delay tactics to weaken your claim, lose evidence, or fade memories.
Exceptions That Could Extend or Shorten the Filing Deadline
Although the three-year rule applies in most cases, there are some important exceptions that may extend or shorten the deadline.
Circumstances that may extend the statute of limitations
- Injuries Discovered Later: Some car accident injuries, such as brain injuries or internal trauma, may not be immediately apparent. If an injury is discovered weeks or months later, the filing deadline may be extended.
- Minors Involved: If the injured person was under 18 at the time of the accident, the statute of limitations may not begin until they turn 18. This means a minor could have until age 21 to file a lawsuit.
- Defendant Leaves the State: If the at-fault driver leaves Arkansas after the accident and before a lawsuit is filed, the statute of limitations may be paused until they return.
Situations that may shorten the filing window
- Claims Against the Government: If your accident involved a city, county, or state vehicle, you must file a formal claim with the appropriate government agency within 180 days of the incident.
- Insurance Policy Deadlines: While the statute of limitations determines when you can file a lawsuit, most insurance companies require claims to be filed much sooner, sometimes within days or weeks after the accident.
Understanding these exceptions is critical. If you’re unsure whether you still have time to file a claim, Davis Legal can review your case and provide clear legal guidance.
Statute of Limitations in Tennessee
In Tennessee, the statute of limitations for legal actions arising from car accidents varies depending on the nature of the claim:
Personal Injury Claims:
- Time Frame: Individuals have one year from the date of the car accident to file a personal injury lawsuit.
Exceptions
- Minors: If the injured party is under 18, the statute of limitations typically doesn’t begin until they turn 18. This means they have until their 19th birthday to file a claim.
- Mental Incapacity: If the victim is mentally incapacitated at the time of the accident, the clock may not start until they regain capacity.
Property Damage Claims:
- Time Frame: Claims solely for property damage, such as vehicle repairs, must be filed within three years from the date of the accident.
Wrongful Death Claims:
- Time Frame: If a car accident results in a fatality, the deceased’s family or representative has one year from the date of death to initiate a wrongful death lawsuit.
It’s crucial to adhere to these deadlines. Filing a lawsuit after the statute of limitations has expired typically results in dismissal, forfeiting the right to seek compensation. Given the complexity and potential exceptions in these cases, consulting with a legal professional promptly after an accident is advisable to ensure compliance with all legal requirements.
Why acting quickly is essential for your claim.
Even though Arkansas law gives three years to file a lawsuit, waiting too long can weaken your case. The sooner you act, the stronger your claim will be.
The Risks of Waiting Too Long
- • The court may dismiss your case if you file after the deadline, depriving you of your right to compensation.
- Evidence may disappear—accident reports, surveillance footage, and witness statements become harder to obtain as time passes.
- Insurance companies may delay payouts—Insurers often drag out the claims process, hoping victims will give up or accept a low settlement.
The Benefits of Filing Early
- Stronger evidence collection—The earlier you take legal action, the easier it is to gather police reports, medical records, and witness testimony.
- Better insurance negotiations—Filing a claim before deadlines gives you leverage when negotiating a fair settlement.
- • Start the legal process early to avoid rushing or making decisions under pressure.
By taking immediate action, you increase your chances of maximizing your compensation and protecting your rights.
How to Start the Legal Process for a Car Accident Claim in Arkansas
Key Steps to Take After a Car Accident
If you’ve been in a car accident in Arkansas, here’s what you should do immediately:
- Seek medical attention—Check for hidden injuries even if you feel fine.
- Report the accident—Call the police and obtain a copy of the accident report.
- Gather evidence—take photos, collect witness contact info, and document everything.
- Contact an experienced car accident lawyer – Legal guidance is crucial to protect your lawyer.
How a Lawyer Can Help You Meet Deadlines
- Ensure all paperwork is filed on time.
- Negotiate with insurance companies to prevent lowball settlement offers.
- Collect and preserve key evidence to strengthen your case.
At Davis Legal, we have years of experience helping Arkansas accident victims file claims before time runs out. Let us handle the legal process while you focus on your recovery.
Filing a car accident claim in Arkansas isn’t something you can afford to put off. The three-year statute of limitations may seem generous, but waiting too long can put your compensation—and your future—at risk.
If you or a loved one was injured in a car accident, don’t wait until it’s too late. Acting now can make the difference between winning a fair settlement and losing your right to sue.
Contact Davis Legal Before Time Runs Out
At Davis Legal, we are committed to helping car accident victims in Arkansas get the compensation they deserve.
We understand how confusing the legal process can be, and we’re here to guide you every step of the way.
Contact us today at 662-617-9028 for a free case evaluation—No upfront costs, no obligations.
Don’t risk missing your chance for compensation—contact us today and let’s fight for your rights!
