Arkansas
Pre-Settlement Funding in Arkansas
If you have an active personal injury lawsuit in Arkansas, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.
Arkansas uses a modified comparative fault rule with a 50% bar and gives most plaintiffs three years to file, longer than several neighboring states.
Know the Law
Arkansas Personal Injury Law: What Affects Your Case
Arkansas's three-year filing window is longer than several neighboring states (including Louisiana's one year and Tennessee's one year), giving plaintiffs more time to build their case — but earlier filing is still generally advisable to preserve evidence.
| Fault Rule | Modified comparative fault with a 50% bar (Ark. Code § 16-64-122) — you cannot recover if you are 50% or more at fault for the accident. |
|---|---|
| Statute of Limitations | Generally 3 years from the date of injury for personal injury claims (Ark. Code § 16-56-105). |
| Damages Caps | No general statutory cap on compensatory damages in most personal injury cases. A prior statutory punitive damages cap was struck down by the Arkansas Supreme Court as unconstitutional (Bayer CropScience v. Schafer, 2014). |
| Liability Note | Arkansas applies several liability among multiple defendants in proportion to their assigned percentage of fault in most cases. |
Eligibility
Who Qualifies for Funding in Arkansas
Most active Arkansas personal injury cases with attorney representation can be reviewed for funding, including car accidents, trucking accidents, agricultural and industrial workplace third-party claims, and premises liability.
Why It Matters
Why Arkansas's 50% Bar Affects Case Value
As in several other modified-comparative-fault states, a plaintiff found 50% or more at fault in Arkansas recovers nothing. Cases with clear liability on the defendant's side, or where comparative fault is a minor factor, tend to be the strongest candidates for both litigation and funding review.
Because Arkansas does not impose a general statutory cap on compensatory damages, case value in clear-liability cases is generally driven by the actual scope of medical costs, lost income, and the severity of the injury, rather than a damages ceiling.
Continue Reading
Related Pages
Q&A
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Arkansas?
Generally three years from the date of injury, longer than the deadline in several neighboring states.
What happens if I was partly at fault for my Arkansas accident?
If you are found less than 50% at fault, your damages are reduced by your percentage of fault. If you are found 50% or more at fault, you cannot recover anything.
Does Arkansas cap damages in personal injury cases?
There is no general statutory cap on compensatory damages in most personal injury cases. A prior cap on punitive damages was struck down as unconstitutional by the Arkansas Supreme Court.
Can I get funding for a trucking accident case in Arkansas?
Yes. Commercial trucking and agricultural-industry accidents are common case types Caseflow Capital reviews for funding in Arkansas.
How fast can an Arkansas case be reviewed for funding?
Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.
Arkansas
Ready to Apply?
If you have an active personal injury case in Arkansas, apply with Caseflow Capital today — most reviews are completed within 24 hours.