How Soon Can I File a Personal Injury Lawsuit in Little Rock?

After you suffer injury in an accident, it is important to know that there is a time limit in place to take legal action. Therefore, you must ensure that you file your personal injury lawsuit in Little Rock before the time limit passes.

If you suffered injuries in an accident and need compensation to help pay for your medical bills, lost income, property damage, and other expenses, why not get started on your suit with the assistance of an attorney today? You can begin the process of getting the justice you deserve as soon as you are ready.

What is the statute of limitations on personal injury cases in Little Rock?

According to Arkansas Code § 16-56-105, the statute of limitations is three years to file a personal injury lawsuit. As soon as your accident and injuries occur, the three-year clock begins ticking. Some of the accidents covered under this statute of limitations include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle and pedestrian accidents
• Nursing home negligence
• Premises liability
• Uber and Lyft accidents

A few other statutes of limitations you may need to know include:

• Product liability cases: Three years
• Medical malpractice cases: Two years
• Wrongful death: Three years

Why is it important to follow the statute of limitations?

Arkansas and other states have created specific statute of limitations in place to ensure that individuals have plenty of time to take action and receive fair compensation for their injuries. However, they also protect defendants from being unfairly sued for injuries or accidents that happened decades earlier. Therefore, it is very important to follow the statute of limitations.

If you continue to wait to file a lawsuit for your accident and injuries, your evidence begins to lose its value and strength. In addition, it can also be more difficult to get in touch with or find witnesses who saw your accident occur. Since the legal system can be complex and challenging, the statute of limitations ensures that you get the justice you deserve as quickly and efficiently as possible.

When should I file a lawsuit for my personal injury case?

If you are contemplating when to file a lawsuit for your personal injury case, the answer is as soon as possible. While you do have up to three years to pursue legal action for your personal injury case, you may be able to secure compensation quicker if you file your suit sooner.

What if I miss the deadline to file a lawsuit?

If you miss the deadline to file a lawsuit, your case will not be heard. You may decide to still try to file a lawsuit, but your attorney will likely explain that your case will be thrown out. The reason for this is because the insurance company or defense attorney can easily make the claim that you did not take the legal process seriously, your injuries were not severe, and you do not deserve to be compensated.

The only way that the judge or jury may still allow you to file a suit is if you can prove that you have an exception. One of the most common exceptions used is the minor exception. You may be able to use the minor exception if you can show that you were a child at the time of the accident. In this case, you will have three additional years after you turn 21 to file a lawsuit. Another common exception is the breach of warranty exception. This means if you are filing a product liability claim, you may have four years to file a lawsuit as long as you can show that there was a breach of warranty.

What is the discovery rule?

Arkansas has a discovery rule that may or may not apply to your case. This rule is usually for those who are unaware of their injuries at the time of their accident. Therefore, if it took a few weeks, or even months, for your symptoms to show up after a slip and fall or motor vehicle accident, you may be able to use the discovery rule to delay the statute of limitations.

At Bailey & Greer, our Little Rock personal injury attorneys are committed to helping all accident victims get the compensation they need and deserve to rebuild their lives. We will look over the facts and details of your claim, help you collect strong and convincing evidence, and ensure that you never miss a deadline. Please call our office or complete our contact form to schedule your free, no-obligation consultation today. Our firm has offices in Little Rock, Memphis, and Jackson, and we look forward to meeting you soon!