Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

ARKANSAS

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years

Medical Malpractice

years from date of malpractice, with a 1 year discovery rule.  If discovery of a foreign object occurs after 2 years, plaintiff has 1 additional year to bring claim. Minors age 9 or younger have two years from date of malpractice or from 11th birthday, whichever is longer. Minors under the age of 11 have two years from discovery or 19th birthday, whichever is earlier.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

years for intentional infliction of emotional distress. 1 Year for other intentional torts.

Municipal Liability/Sovereign Immunity

Sovereign immunity applies except that political subdivisions of state are required to maintain liability insurance or self-insurance for motor vehicles.

Discovery Rule

Statute of Limitations runs from when injury is, or should have been, discovered.

Comparative Negligence

Modified comparative negligence in that plaintiff’s fault must be less than that of defendant’s in order to recover. Damages are reduced by plaintiff’s degree of fault.

Charitable Immunity

Charitable immunity exists but actions may be brought directly against insurance company insuring charity in certain circumstances.

Disabilities

Infant, insane, incompetent, or persons imprisoned outside of the state have 3 years after disability removed to pursue action. Infant SOL runs from 21 st birthday. Wrongful death, however, is only one year from date of death. Special rule – if tortfeasor is unknown, SOL can be tolled by filing complaint with appropriate court with affidavit stating tortfeasor is unknown.

Punitive Damages

Standard is whether the amount of the award “shocks the conscience” of the court. Plaintiff bears burden of proving defendant is liable of compensatory damages with clear and convincing evidence.

Caps:
Generally, punitive damages shall not be more than greater of $250,000 or three times amount of compensatory damages exceeding  $1,000,000. Limits adjusted for inflation at 3-year intervals beginning in 2006. Contingent on proof of recklessness or intentional malice.

No-Fault Insurance

Hybrid version

Consumer Fraud Complaint

Arkansas Office of the Attorney General, Consumer Protection

http://www.ag.arkansas.gov/consumers.html

(501)682-2007
(800)482-8982 (toll-free in Arkansas)