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Statute of Limitations

Arkansas statute of limitations is state laws that regulate the time interval within which a lawsuit (civil or criminal) must be filed. The time period begins on the date the claim arises, e.g. the day of the slip and fall accident or the day the crime is committed, and once the statute of limitations expires, you cannot file a claim or be prosecuted for a crime. For example, if you suffered a personal injury in, say, a bicycle accident, you have three years to file a claim. If you do not file a claim in three years, no matter how bad you got injured, you will not get compensation. Similarly, if you committed a burglary, the state has three years to prosecute you. If they fail to do so (due to lack of evidence), you got away with it.
Arkansas statute of limitations are found in the Arkansas code; the civil limitations are in Title 16, whereas the criminal ones are in Title 5. Below we list the limitations of a few civil and criminal claims. First some civil claim limitations:
  • Written contract: 5 years
  • Fraud: 3 years
  • Medical malpractice: 2 years
  • Legal malpractice: 3 years
  • Personal injury: 3 years
  • Product liability: 3 years
  • Property damage: 3 years
  • Wrongful death: 3 years
Now, some examples for the criminal case:
  • Assault and battery: 1 to 6 years
  • Burglary: 3 years
  • Kidnapping: 3 to 6 years
  • Manslaughter: 3 years
  • Murder: no limit
  • Rape: 6 to 15 years
  • Robbery: 3 years
Personal injury refers to injuries such as amputation injurybrain injurybroken bonesburns and scarscatastrophic injurydog biteschild injurynursing home abusewrongful death or product liability. In Arkansas, a claim against a health care provider must be filed within 2 years of the date that the negligent act or omission occurred, or in case the provider leaves an object in a person. If the discovery of a foreign object occurs after 2 years, plaintiff has 1 additional year to bring a claim.
An important concept is the discovery rule, i.e. when the injury was discovered to start the clock. The definition is that the statute of limitations runs when the injury is discovered or should have been discovered. The second part means that if you “discovered” your injury a long time after the accident occurred, you should have known better to file sooner than that.
Arkansas statute of limitations is important rules to be familiar with because if you neglect to file a claim on time, and if you have a serious injury that may have caused disability, you will not be able to recover compensation for your damages. Little Rock Injury Law Firm is a firm believer of following proper procedures immediately after the injury: get yourself checked out and consult with an injury lawyer. Our firm works on a contingency basis, that is, it will not cost you anything to retain Isaac Law Firm in a personal injury matter. Please feel free to contact us if you have any question regarding the statutes or if you have an injury.
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