The Brad Hendricks Law Firm
Arkansas Car Accident Statute of Limitations
If you've been injured in a car accident in Arkansas, you have a limited amount of time to file a personal injury claim known as the Statute of Limitations. This deadline is critical, and if you miss it you will not be allowed to recover money for your injuries or damages.
The Statute of Limitations in Arkansas is three years from the date of your accident to file a lawsuit for negligence that causes a motor vehicle accident that resulted in injury or death. While three years is a long time compared to some other states which have a one-year Statute of Limitations, speaking with a car accident lawyer as soon as possible after your accident is vital.
Much of the evidence in your case starts to fade away in the weeks following your accident. Cars are moved to junk yards, accident scenes are cleaned up, and eyewitness stories can become blurry. In order to preserve as much evidence as possible, it's imperative that your accident attorney and their team get started with their investigation to gather evidence as soon as possible.
Sometimes car accident claims can take some time to get fully taken care of so cases that are close to their Statute of Limitations deadline may not be taken on by a law firm at all because there isn't enough time to fully investigate before the clock runs out.
The insurance companies will stall as long as possible in order for these statutes to run out. The personal injury lawyers at The Brad Hendricks Law Firm are here to help car crash victims receive compensation for their bodily injuries or even the wrongful death of a loved one.
There are other factors that affect the timeframe to file a suit as well:
Wrongful Death. In Arkansas, families have one year from the date of death to file a claim. So even if the accident occurred years ago, if the death resulted from the accident, you may have more time. Likewise, if the accident just occurred and your loved one passed away, you may have even less time.
Claims Against the Government. Many government entities have sovereign immunity and this affects the length of time you may have to file a claim.
Injury to a Minor. Minors may have more time to file an injury claim depending on their age.
Discovery Rule. In Arkansas, the statute of limitations does not start until you become aware of your injury. This may mean you have more time to file a claim than you realized.
Defendant Unavailable. The statute of limitations can be put on hold if the defendant is unavailable or hiding. This can give you more time to file your claim.
If you or a loved one has been injured in an accident, please reach out to the car accident attorneys at The Brad Hendricks Law Firm for a free case evaluation. We have experienced personal injury attorneys available to take your call 24 hours a day.