Arkansas Personal Injury Settlement Calculator
Arkansas uses modified comparative negligence with the 51% bar — if you are 50% or less at fault, your damages are reduced proportionally. But if you are found 51% or more at fault, you recover nothing. Understanding where you fall on the fault spectrum is critical to your claim.
Arkansas's Modified Comparative Negligence (51% Bar) Rule
Arkansas follows modified comparative negligence with a 51% bar under Ark. Code § 16-64-122. The key distinction from pure comparative states is the fault cutoff: if you are assigned 51% or more of the fault, your right to recover is completely eliminated.
50% fault or less: You can recover — but your award is reduced by your fault percentage. $100,000 damages at 40% fault = $60,000 recovery.
51% fault or more: You recover $0, regardless of total damages. This makes fault disputes extremely high-stakes in Arkansas cases.
Because the 51% threshold is a hard cutoff, insurance adjusters will often try to push your fault to 51% or higher to deny your claim entirely. An attorney who can argue your actual fault percentage is essential in disputed cases.
Arkansas does not require PIP (Personal Injury Protection) coverage. This is a traditional at-fault state — you must demonstrate that the other driver's negligence caused your injuries and losses.
Statute of Limitations: 3 Years
| Case Type | Time Limit |
|---|---|
| Personal Injury | 3 years |
| Wrongful Death | 3 years |
| Property Damage | 5 years |
Average Settlements in Arkansas
Arkansas settlements tend toward the lower end of the national spectrum, reflecting conservative jury pools, lower average incomes, and a litigation climate that tends to favor defendants. Little Rock and Fayetteville are the most active markets for injury claims.
- Minor injuries: $5,000 - $18,000
- Moderate injuries (fractures, whiplash): $22,000 - $65,000
- Serious injuries (surgery, permanent): $100,000 - $400,000
- Catastrophic injuries: $400,000+
Top Cities in Arkansas
| City | Population | Settlement Trends |
|---|---|---|
| Little Rock | 202K | Moderate (state capital, largest city, moderate juries) |
| Fayetteville | 93K | Moderate (NW Arkansas, growing metro, university town) |
Arkansas Insurance Minimums
Arkansas requires drivers to carry the following minimum auto liability insurance coverage:
Required Minimum Coverage (Arkansas)
- Bodily Injury: $25,000 per person / $50,000 per accident
- Property Damage: $25,000 per accident
Arkansas requires 25/50/25 minimum auto liability. Uninsured motorist coverage is mandatory unless rejected in writing.
Settlement Amounts by Injury Type in Arkansas
Settlement values vary widely depending on how badly you were hurt. These ranges are based on typical outcomes in Arkansas courts and insurance negotiations. Your case could be higher or lower depending on the specifics.
| Injury Type | Typical Settlement Range | Multiplier Used |
|---|---|---|
| Whiplash / Soft Tissue | $6,000 - $20,000 | 1.5x - 2.5x |
| Fractures | $25,000 - $75,000 | 2x - 3.5x |
| Herniated Disc | $30,000 - $100,000 | 2.5x - 3.5x |
| Concussion / Mild TBI | $25,000 - $80,000 | 2x - 3x |
| Burns | $40,000 - $150,000 | 3x - 5x |
| Back / Spinal Injury | $70,000 - $350,000 | 3x - 5x |
| Knee / Shoulder Surgery | $40,000 - $120,000 | 2.5x - 4x |
| Wrongful Death | $400,000 - $2,000,000+ | N/A |
These numbers reflect cases where the other party was clearly at fault. If you share some blame, your recovery will be reduced by your percentage of fault under Arkansas's negligence rules.
Damages Caps in Arkansas
Arkansas does not cap compensatory damages in personal injury cases. However, punitive damages are limited to three times the compensatory damages or $250,000, whichever is greater. Medical malpractice has no separate damages cap.
Frequently Asked Questions
What is Arkansas's statute of limitations for personal injury?
Arkansas has a 3-year statute of limitations for personal injury claims (Ark. Code § 16-56-105). Wrongful death claims must also be filed within 3 years. Missing this deadline permanently bars your claim.
How does Arkansas's modified comparative negligence (51% bar) law work?
Arkansas uses modified comparative negligence with a 51% bar. If you are 50% or less at fault, your recovery is reduced by your fault percentage. If you are 51% or more at fault, you recover $0. For example, if you are 30% at fault and your damages are $100,000, you recover $70,000. But if you are 55% at fault, you recover nothing.
What is the average settlement in Arkansas?
Arkansas settlements range from $18,000 to $70,000 on average. Little Rock and Fayetteville tend to produce moderate settlements. Minor injuries: $5K-$18K. Moderate: $22K-$65K. Severe: $100K-$400K.
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