Arkansas' Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be filed within three years of the date of death.

Personal Injury Actions

A personal injury action must be filed within three years from the date of the injury.

Medical Malpractice Actions

In Arkansas, a claim against a health-care provider must be filed within two years of the date that the negligent act or omission occurred.

Medical Malpractice Actions Based on Foreign Object Left in Body

In cases where a health-care provider leaves an object in a person’s body and the person did not discover and could not discover the foreign object within the two-year limitations period, the action may be commenced within one year from the date of discovery of the foreign object, or one year from the date it should have been discovered, whichever is earlier.

Products Liability

A products liability action must be filed within three years of the date of the injury.

Special Rules for Minors

Except in cases of wrongful death, in Arkansas, a person under 21 has three years after his or her 21st birthday to file suit.

In cases where a minor who suffers a medical injury and is nine years of age or younger at the time of the injury, the minor has until the later of the minor’s 11th birthday or two years from the act to file suit. If, however, no medical injury is known and could not have been reasonably discovered prior to the minor’s 11th birthday, the minor has until two years after the injury is known or reasonably could have been discovered, or until the minor’s 19th birthday, whichever is earlier, to file suit.