If you have been injured in a car accident, you do not have an infinite amount of time to file a lawsuit. Every state, including Arkansas, has a specific deadline for filing an injury lawsuit, which is referred to as the statute of limitations.
The statute of limitations for car accident cases only allows three years to file a claim. That is why it is important to consult with our team as soon as possible to determine what the deadline is in your case. Failing to file before the deadline can result in the loss of your legal right to seek compensation for your injuries. In some circumstances, an exception might apply that would give you additional time, but these cases are rare. It is always best to start your case as soon after the accident as you can while the evidence and your recollection are still fresh.
Call us at (479) 316-0438 to get your free case evaluation with our Arkansas car accident lawyers.
What is the Time Limit to Filing a Legal Claim After a Car Accident in Arkansas?
If you have been involved in a car accident in Arkansas, it is important to know that there is a time limit for filing a lawsuit related to the accident. This time limit is referred to as the “statute of limitations.” It is a rule that sets the maximum time limit within which a lawsuit can be filed in Arkansas. While the term might sound intimidating, it is a straightforward concept that you need to be familiar with.
The statute of limitations for car accident lawsuits in Arkansas is typically three years from the date of the injury, according to Ark. Code. § 16-56-105. This means that you have up to three years to file a lawsuit to recover damages for your injuries. However, this time limit might be different depending on the type of injuries you suffered. Therefore, it is important to consult with our Arkansas car accident attorney, who can help you understand your legal rights and obligations. We know how to gather evidence to speed the process up.
If you fail to file your lawsuit within the time limit prescribed by the statute of limitations, you might lose your right to recover damages for your injuries. The rule of the statute of limitations becomes important as the deadline approaches or passes. The consequences of not filing a lawsuit before the deadline can be significant, including the loss of your right to recover damages.
It is crucial to understand that each state has its own laws regarding the statute of limitations, and Arkansas is no exception. Therefore, it is important to become familiar with Arkansas’s specific rules to ensure that you do not miss the deadline for filing your lawsuit.
Are There Exceptions to Arkansas’s Time Limit to File a Car Accident Claim?
Some valid exceptions to this rule might allow victims to have more time to file their cases. These exceptions are rare, though, and car accident victims should not assume that they will apply to their cases. To help you understand better, here are the accepted exceptions to the statute of limitations rule in Arkansas:
Minor Car Accident Victims
One important exception to this rule is if the victim was a child at the time of the accident. If so, the statute of limitations might be extended. Specifically, if a victim was under the age of 21 at the time of their accident, they will have three years after turning 21 to file a lawsuit. This means that they will have a total of four years from the date of their accident to file a lawsuit rather than just three. Keep in mind that this exception only applies to victims who were children at the time of their injuries. For all other cases, the standard statute of limitations of three years will apply.
Product Liability Claims
If the lawsuit is based on a breach of warranty claim, the statute of limitations is extended to four years from the date of the injury or the discovery of the injury. For instance, if your brakes malfunction and cause an accident, the manufacturer of the vehicle, or the brake manufacturer itself, could be held liable for the damages caused by the defective product.
Injury Discovered at a Later Date
Arkansas adheres to the “discovery rule,” which is followed by many other states as well. The rule is applied in cases where the victims of an injury are unaware that they have been injured because of someone else’s negligence.
A person who has suffered injuries because of the mistake of a doctor following a car accident, for instance, might not even realize it until later. Therefore, the statute of limitations in such cases is extended to accommodate the undiscovered injuries. According to this rule, you will have the time specified under the law, which starts from the date when your injuries were discovered. However, if it was reasonable for you to discover your injuries earlier, the date when you should have known could be considered instead.
Claims Against a Government Agency
When it comes to suing a local or state government agency in Arkansas, there are certain things that you should take into consideration. One of the most important things to keep in mind is that government agencies have something called “sovereign immunity” from most lawsuits. This means that they cannot be sued in most cases, which can make the process of seeking compensation for injuries or damages that you have suffered quite tricky.
However, there are certain exceptions to this rule. For example, municipal agencies can be sued for injuries that they carry liability insurance for, such as car accidents. This means that if you have suffered an injury or damages in one of these situations, you might be able to file a lawsuit against the agency in question.
It is also worth noting that the statute of limitations when suing a government agency will be the same as in most car accident cases. This means that you will usually have the same amount of time to file your lawsuit after the incident in question has occurred. However, you must file a notice of claim explaining your case to the agency you intend to sue before filing your lawsuit.
This notice of claim must be filed within a certain amount of time after the incident in question has occurred, and it must include specific information about your case and what you are seeking in terms of compensation. Failing to file this notice of claim can result in your lawsuit being dismissed, so it is critical that you take this step if you intend to sue a government agency in Arkansas. The time limit to file a notice varies from agency to agency.
Our Arkansas Car Accident Lawyers Can Help File Your Claim Before Time Runs Out
For a free case review with our Arkansas car accident attorneys, contact us today at (479) 316-0438.