What is the Car Accident Statute of Limitations in Arkansas?

The Statute of Limitations is a state law that sets limits on the amount of time you have to bring a lawsuit to court. This legal rule varies by state and by cause of action.

For example, in Kentucky and Tennessee, the restriction for taking legal action in an accident is one year, while in Maine and North Dakota it’s six years, and in Oregon, it’s ten years.

For residents of Arkansas, you have three years from the date of the collision to file a lawsuit for negligence that causes a motor vehicle accident that causes injury or death. The statute of limitations will not affect your accident claim if you bring it to court before the three-year limit expires.

One reason statutes of limitations exist is to preserve valuable evidence in a case. Much of the testimony of eyewitnesses, as well as the physical evidence, is eroded after years have passed. It is important for this information and evidence to be preserved and used quickly in a court of law to establish liability.

Another reason statutes of limitations exist is to protect defendants from litigation years after an incident occurs.

With car accident claims, there are some factors that can impact the statute of limitations. As such, you may be surprised to learn that you have even less time than you realized after an injury crash. Or you may be delighted to realize that you have even more time to file your claim.

What factors affect the timeframe to file a lawsuit or claim?

For various reasons, some injured parties may not file their claim immediately – perhaps because they did not realize the extent of the injuries or damage. If you do not file your claim within the time limit, your legal claim is totally barred and your right to sue is lost forever.

Because it’s not worth it to lose this right altogether, leave yourself plenty of time to file a car accident lawsuit. You cannot rely on having three full years to file your claim. In many cases, you may have even less time. If you’re concerned your three-year limit might be approaching, talk to an Arkansas car accident lawyer about your options. Your Arkansas car accident lawyer can examine your case and keep you from missing these serious deadlines.

Although you do not want to miss the deadline for filing a claim, it is important not to rush to file a claim either. Your attorney will help you understand the implications of filing too early, as well as too late. You need to reach maximum medical improvement or have a medical treatment plan established before determining how much compensation you truly need.

An Arkansas car accident attorney will work within the time limit to determine the full scope of your injuries and your claim. They will meet with your medical team, as well as other experts to ensure that all damages are considered. They will gather the necessary evidence to build your case before that evidence is lost or destroyed.