Being injured in a car accident causes upheaval. As you grapple with injuries, vehicle damage, and emotional distress, the last thing on your mind might be legal deadlines. However, understanding the time limits for filing a car accident claim in Arkansas is crucial to protecting your rights and securing fair compensation. 

Statutory Deadline

In Arkansas, the statute of limitations sets the maximum time to initiate legal action related to your accident. Once this period expires, you generally lose your right to pursue compensation through the court system.

Personal Injury Claims

For most car accident cases involving personal injuries, Arkansas law gives you three years from the accident date to file a lawsuit. This deadline applies to claims seeking compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Other injury-related damages

While three years might seem like a generous timeframe, building a strong case requires extensive preparation. Gathering evidence, consulting with medical experts, and negotiating with insurance companies all take time. Waiting until the last minute to start this process can seriously hinder your chances of success.

Property Damage Claims

If your claim focuses solely on property damage – such as repairs to your vehicle or replacement of personal belongings damaged in the crash – you also have three years from the accident date to file a lawsuit. This deadline applies even if you’re not seeking compensation for personal injuries.

Wrongful Death Claims

Tragically, some car accidents result in fatalities. The deceased person’s personal representative or heirs may pursue a wrongful death claim in these cases. For these claims, the three-year clock starts on the date of death, which may differ from the accident date if the victim survived for a period before succumbing to their injuries.

Exceptions to the Rule

While the three-year limit applies in most cases, certain circumstances can alter this timeline:

• Claims against government entities: If your accident involved a government vehicle or was caused by road conditions that were the government’s responsibility, you may face shorter deadlines. These claims often require filing a notice of claim within months of the incident.
• Minors and incapacitated individuals: The statute of limitations may be “tolled” (paused) for minors until they reach age 18 or for individuals deemed mentally incapacitated. Once the tolling period ends, the standard three-year period begins.
• Discovery rule: In rare cases where injuries aren’t immediately apparent, the court may apply the “discovery rule,” starting the countdown when you reasonably should have discovered your injury.

Insurance Company Deadlines

While the statute of limitations governs your ability to file a lawsuit, insurance companies often impose deadlines for filing claims. These deadlines can be much shorter – sometimes as brief as a few days or weeks after the accident. Failing to meet these deadlines can complicate your ability to recover compensation from insurers.

The Importance of Prompt Action

Even though you have up to three years to file a lawsuit, taking swift action after your accident offers several advantages:

• Preserving evidence: Crucial evidence like skid marks, vehicle damage, and witness memories can fade or disappear over time.
• Accurate medical documentation: Seeking prompt medical attention creates a clear link between the accident and your injuries.
• Stronger negotiating position: Insurance companies may take your claim more seriously if you act quickly and decisively.
• Avoiding complications: The longer you wait, the more likely you will encounter issues like lost documentation or difficulty locating witnesses.

Our Hot Springs Car Accident Lawyer Can Help

If you or a loved one suffered injuries in a car accident in Arkansas, don’t let valuable time slip away. Rochelle McCullough, LLP will take on your claim, handle all the legal details, and fight for the compensation you deserve. Our experienced attorneys understand the nuances of Arkansas car accident laws and will work tirelessly to protect your interests. Contact Rochelle McCullough, LLP, today for a consultation to discuss your case and explore your legal options before time runs out.

We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.