Posted on Friday, November 1st, 2024 at 9:00 am
When you suffer injuries in an accident, understanding the time limits for filing a claim can be important if you want to receive compensation for your injuries. Knowing how long after an accident you can sue helps protect your rights and lets you make the best decisions about pursuing a claim.
Understanding the Statute of Limitations in Arkansas
The statute of limitations sets a time limit for filing a lawsuit after an accident. How long after an accident can you sue? In Arkansas, the general time limit for initiating a lawsuit after an accident is three years from the date of the incident. This time limit helps to make sure that injury claims are made while evidence is still fresh and available. Acting within this period is essential to protect your right to claim compensation. Once this deadline passes, you typically lose the chance to file a lawsuit and pursue the necessary compensation.
Types of Accidents Covered by the Statute of Limitations
Several different accident types can lead to personal injury claims. The Arkansas statute of limitations generally applies to:
- Motor Vehicle Accidents – Road accidents are one of the most common causes of personal injury cases whenever another driver’s actions cause injuries.
- Slip and Fall Incidents – These often happen in stores, on sidewalks, or on someone else’s poorly maintained or unsafe property.
- Workplace Accidents – In rare cases, injuries resulting from accidents or circumstances on the job may also fall within the scope of personal injury law.
- Medical Malpractice – Some injury cases arise because a medical professional’s error causes harm to a patient.
The three-year deadline applies in most cases, but there may be specific variations depending on the type of accident.
Exceptions to the Statute of Limitations
Certain situations may allow extra time to file a lawsuit. Here are some scenarios where the statute of limitations could be extended:
- Minors and Incapacitated Individuals – If the person injured in the accident was mentally incapacitated or a minor at the time of the accident, the time limitations may be “tolled” or paused. For minors, the time limit often starts when they turn 18. For those mentally incapacitated at the time of the accident, it begins when they recover.
- Discovery of Injury – In cases where the injury is not immediately noticeable, the statute of limitations may start from the date you discover the injury. For instance, some injuries, like internal injuries, may only appear months or even years after the accident.
- Government Claims – When an accident involves a government agency, such as a city bus or a public school, shorter timelines and specific procedures may apply. Although you have up to three years to file an injury claim, government claims often require filing notices much sooner, sometimes within a few months of the incident.
The Importance of Acting Quickly After an Accident
Taking quick action after an accident can affect how your case progresses. How long after an accident can you sue? In Arkansas, you typically have three years from the date of the accident to file a lawsuit. The benefits of acting within this time frame include:
- Preservation of Evidence – Important evidence, like photos of the accident scene or damaged property, can be lost or altered over time. Gathering evidence right away strengthens your case.
- Witness Availability – Witnesses may have clearer memories right after an accident, but their memories can fade as time goes on, or they may become difficult to contact.
- Legal Preparation – Building a strong injury case takes time. Starting early on gives you the best likelihood of success if the case goes to court.
What to Expect When Filing a Lawsuit
If you decide to file a lawsuit in Arkansas, here’s what you can generally expect:
- Initial Consultation – Many people start by consulting a Fort Smith personal injury attorney. This meeting lets you share details of your injury case and discuss your legal rights and options.
- Investigation and Filing – During this stage, the attorney will gather evidence and prepare your case, then file a formal complaint in court.
- Negotiation and Settlement – Many cases settle before going to trial. Negotiations with the insurance company or responsible party may yield a fair settlement for your pain and suffering and other losses and expenses. Preparing for a trial, however, shows you’re serious and may result in better offers.
Filing within the statutory deadline is essential. If you miss it, the court can dismiss your case, and you lose the right to sue for the accident.
Contact an Arkansas Personal Injury Lawyer at McCutchen Napurano - The Law Firm
Suffering injuries in an accident can be stressful and costly. However, you can protect your rights and seek fair compensation for your losses and expenses. If you’re dealing with injuries and expenses after an accident and need guidance, contact a Fort Smith personal injury attorney at McCutchen Napurano - The Law Firm by calling (479) 783-0036 for a free consultation. We’re here to help you understand your options and take steps to protect your rights.
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