A Refresher on Civil and Personal Injury Law in Arkansas for 2024

A Refresher on Civil and Personal Injury Law in Arkansas for 2024

As the winter chill settles over Arkansas and a new year begins, fellow Arkansans may find themselves confronting unexpected challenges in the realm of civil and personal injury cases. Whether it’s a workplace accident, a slip and fall incident, or any other personal injury matter, understanding your rights and legal options is crucial.

We’ll go over the basics so you can get to know your statute of limitations, your rights, what qualifies as a civil case, and some news in the state. 

What’s New in Arkansas?

In a pivotal move, the Arkansas House Committee on Judiciary approved Senate Bill 282, thanks to Sen. Missy Irvin, R-Mountain View.

SB 282, which gained unanimous support, enables civil action against entities or individuals who “knew or should have known” of trafficking instances.  This legislation also empowers victims of human trafficking to bring civil cases against those involved in their exploitation. 

The proposed law offers victims a legal path without criminal law standards, also safeguarding hotels and motels against insurance exclusion based on intentional conduct.

Navigating the Evolving Legal Landscape of Civil Cases

In 2024, the complexities of civil cases can be overwhelming for many. Whether you’re the plaintiff seeking compensation or the defendant responding to a claim, the legal process can seem daunting. 

Personal injury claims arise when someone is harmed due to the negligence or intentional actions of another party. In Arkansas, these cases encompass a wide range of incidents, from motor vehicle accidents to premises liability issues.

Legal Considerations and Your Rights

When faced with a civil or personal injury matter, it’s crucial to understand your rights under current Arkansas law. Seeking legal advice promptly can help you assess the strength of your case, identify potential damages, and determine the appropriate course of action.

Statute of Limitations

In Arkansas, understanding the statutes of limitations is crucial when pursuing personal injury cases. The general rule prescribes a three-year window to file a lawsuit after the date of injury (Ark. Code § 16-56-105). 

However, special cases, such as intentional misconduct, have a one-year limitation, while medical malpractice suits must be filed within two years (Ark. Code § 16-56-104 and § 16-114-203). 

Wrongful death cases allow a three-year period from the date of death, with exceptions for certain convictions. Product liability cases follow a three-year limit from the injury or death date (Ark. Code § 16-62-102 and § 16-116-203). 

Exceptions exist for minors, situations preventing lawsuit commencement, and the discovery rule, granting additional time if unaware of the injury immediately. 

Working Towards a Resolution

Resolving civil and personal injury matters often involves negotiation, mediation, or, in some cases, litigation. Choosing the right approach depends on the specifics of your case and your desired outcome. 

Hickey & Hull is here to guide you through the process, providing support and expertise to help you navigate the complexities of the legal system.

Cooperation and Communication

Effective communication with your attorney is key. Keep them informed about the details of your case, any changes in circumstances, and be an active participant in the decision-making process. Your collaboration ensures a more informed and tailored legal strategy.

Mediation and Alternative Dispute Resolution

In some instances, alternative dispute resolution methods, such as mediation, can be employed to reach a resolution outside of the courtroom. This can save time, reduce stress, and allow both parties to have a say in the outcome.

Let Hickey & Hull Be Your Legal Ally

Whether it’s assessing liability, calculating damages, or negotiating a settlement, having legal guidance can make a significant difference in the outcome of your case.

At Hickey & Hull Law Partners, we are here to be your legal ally, providing the guidance and representation you need to pursue a favorable resolution.Chat, fill out our online form, or contact us today for a free consultation. Our River Valley office number is 479.434.2414, and our Northwest Arkansas number is 479.802.6560.