Most people ask the same first question after a car wreck: Do I have a claim I can take to court? In Arkansas, you can file a lawsuit when another person or company’s carelessness caused your injuries, you can prove your losses, and the insurance process either falls short or stalls. Lawsuits are tools used to compel the other side to engage, exchange evidence, and pay what the law deems fair.
LeVar Law Injury & Accident Lawyers approach that decision with one clear promise: when you bring us an injury case, it’s not just your case, it’s our case. Our firm fights for the underdog, takes on cases that others will only settle, and keeps caseloads manageable so clients receive steady attention. That trial posture puts insurers on notice from day one. Our legal team is ready to tell you more.
Let’s cover some of the basics when it comes to filing a car accident lawsuit in Arkansas. If you’re still wondering if you should sue after a crash, contact our law offices today.
When a Car Accident Lawsuit Makes Sense in Arkansas
Filing suit becomes sensible when liability is disputed, injuries are serious, or the carrier refuses to make a reasonable offer. A civil case lets your car accident lawyer use subpoenas, depositions, and court orders to secure evidence the insurer would never produce voluntarily.
Arkansas provides injured individuals with a courthouse path that covers injuries and property damage. Compensation you can pursue includes medical bills, lost wages, and the human losses associated with pain, limitations, and life changes. The goal is simple: move your claim from “We’ll get back to you” to a timeline and a judge who can order results.
Examples of Car Accidents That Lead to a Lawsuit
Here are some collision scenarios in which it makes sense to file a lawsuit:
- You were hit in an intersection by a drunk driver who blew through a red light
- You were rear-ended by a driver who was texting behind the wheel
- You were run off the road by an aggressive driver
- You were sideswiped by a reckless driver who did not signal and was speeding
- You were hit by a large pickup truck because the driver failed to check his blind spot before changing lanes
- You accidentally rear-ended a vehicle because of faulty brake work/repairs
Regardless of what kind of crash you were in, its worth discussing possible legal action with the team at LeVar Law Injury & Accident Lawyers.
Filing Deadline: How Long You Have to File a Lawsuit
Arkansas law sets a three-year window for most injury and property damage lawsuits that stem from a crash. The clock usually starts on the date of the accident. Missing that window can end a case before it starts, even when fault is clear and injuries are serious. A car accident attorney will track this date from intake, so our strategy fits the calendar and no rights are lost.
Courts and commissions inside Arkansas frequently cite that same three-year rule when deciding whether a claim can proceed. That is one reason early legal review matters; it ties investigation and negotiation to an actual filing deadline, rather than wishful thinking.
Can I File a Lawsuit in Arkansas If I Was Partially at Fault?
Yes, as long as you are not primarily at fault for the accident. Arkansas operates under a modified comparative negligence system. This means that you can file a lawsuit as long as you are less than 50% at fault. Your compensation will be reduced by your share of liability.
For example, say that you were hit by another driver while making a left turn and were awarded $10,000, but the jury believes you were 20% at fault. Because of the modified comparative negligence system, you would still receive $8,000.
Auto Insurance May Affect Whether You Sue
Arkansas requires auto liability coverage and outlines first-party benefits, including medical, income loss, and death benefits, by statute. Those benefits are offered without regard to fault and can be rejected in writing. If coverage exists on your policy, it can help with early medical costs and wage gaps while your legal team fights the liability battle. Car accident lawyers treat these benefits as bridges, not endpoints, and coordinate them with the larger claim.
Insurers that pay first-party benefits often have a statutory right to reimbursement out of any later liability recovery. That matters when evaluating settlement numbers; giving back those benefits reduces the net amount you take home if your legal representative doesn’t negotiate effectively.
Our skilled Arkansas car accident attorneys will take that into account when building settlement proposals or preparing for trial.
Claims Involving Government Vehicles or Agencies
Crashes with state-owned vehicles or state employees on duty follow a different path. Many such claims are not filed in circuit court; they are filed with the Arkansas State Claims Commission, which has its own rules and procedures. A car accident lawyer will determine whether the state or one of its agencies is involved and route the claim through the Commission, ensuring it is heard in the proper forum and on the appropriate timetable.
Deadlines and filing content may be different, and materials filed with the Commission may become public records. That affects how medical information is handled and what supporting documents are submitted. The goal is to preserve your rights while protecting sensitive details and moving the claim toward a hearing or negotiated resolution.
Government Claims and Deadlines: A Closer Look
The Commission’s rules govern the filing, scheduling, and hearing of claims, as well as the types of claims the Commission can decide. A car accident lawyer will prepare filings that comply with these rules and will request hearings when evidence needs to be presented.
Lawsuits Involving Commercial Vehicles and Company Liability
When a driver is working for a company, the employer’s liability can come into play. This includes drivers delivering freight, running service calls, or transporting passengers. That opens additional coverage and claims of direct negligence against the business, such as negligent hiring or poor supervision. Your car accident attorney will trace the employment relationship, secure corporate safety records, and press for electronic data that tells the story of speed, braking, and hours on duty.
Unique Issues with Rideshare Vehicle Accidents
Rideshare collisions add another wrinkle. Arkansas legislation requires significant insurance when drivers are engaged in transporting passengers, which can change the available limits and the path to payment. Matching the trip status to the correct policy is a key early step in those cases.
What Counts as Damages in an Arkansas Car Crash Case?
Courts look at two broad categories when determining compensation in a personal injury case: economic losses you can count and non-economic losses you feel.
Economic losses include hospital charges, therapy, medications, medical devices, mileage to treatment, and time you could not work.
Non-economic losses address physical pain, loss of sleep, missed family moments, and the disruption that comes when routine tasks now take effort or help. Car accident attorneys also consider scarring, future procedures, and the impact of injuries on daily living.
How Our Attorneys Determine Car Accident Value Without Guesswork
Settlement talk should never be a hunch. A car accident lawyer will build value by collecting every bill, projecting future care with your physicians, documenting time off work, and translating restrictions into understandable terms. The availability of insurance coverage (both from the at-fault driver and from your own policy) also affects outcomes.
In serious cases, life-care planning and wage-loss projections can be developed from medical notes and employer records. A legal professional’s pain and suffering calculation is not a random number; it is grounded in what you have endured and what your doctors say you will face next month, next year, and beyond.
A Brief Overview of the Accident Claim Process
Most Arkansas claims start with a liability investigation and a demand package. A car accident attorney will gather police reports, photographs, medical records, and witness statements, then send a detailed demand to the insurer that explains the fault and documents the harm. If the insurer makes a fair offer, cases can often be resolved without the need to file a lawsuit. If not, litigation is the path.
Filing a suit moves the claim to the courthouse. The complaint is served, the defense answers are filed, and the case enters discovery, where both sides must exchange evidence. Your legal team will set depositions, request documents, and, when needed, ask the court to order the other side to turn over data. That process stops delays because a judge can intervene when one party refuses to cooperate.
Car Accident Litigation Timeline: What to Expect After Filing
After discovery, many Arkansas courts require mediation. A settlement can occur at this stage if both sides present realistic numbers. If not, a trial date will follow. Car accident lawyers will prepare you for testimony, work with treating physicians on medical proof, and use exhibits that make complex medical issues clear to a jury.
Trials vary in length depending on the number of witnesses and the challenges of the issues. Verdicts can include the full range of damages (past and future) supported by the evidence. Post-trial motions and appeals can follow, but a trial verdict often resets the negotiation posture in your favor.
Our Law Firm Tries Cases Other Firms Won’t
Insurers track which firms are likely to actually try cases. The car accident attorneys at LeVar Law Injury & Accident Lawyers file, conduct press discovery, and select juries when that is what the case requires. The firm will take a case to trial even when the dispute is a few thousand dollars because principle and precedent matter; that reputation improves negotiating power for every client who follows.
You will be assigned a dedicated case manager and two attorneys who will be devoted to your case. This team approach enables your car accident lawyer to move more efficiently, return calls promptly, and keep you informed throughout the process. That consistency builds trust and reduces surprises.
Suing When the Insurance Company Says “No”
Insurers deny claims for many reasons: they claim no one is at fault, they argue your injuries predate the crash, or they point to gaps in treatment. A car accident lawyer will build a record that answers those arguments with medical proof, calendars, employer statements, and testimony from people who know how your life changed. Filing suit replaces “no” with depositions under oath and the risk of a jury verdict that the insurer may not like.
When the at-fault driver carried low limits, your own policy can matter. Uninsured and underinsured motorist coverages apply when the other side’s insurance cannot cover the loss. A car accident attorney will read the policy, check whether first-party medical or wage benefits exist, and coordinate all layers to protect your net recovery.
Settlement vs. Trial: Which Is Better After a Car Accident?
The car accident attorneys at LeVar Law Injury & Accident Lawyers do not rush to settle for speed’s sake. Our firm has a long track record of taking cases all the way to court when that path serves the client, even in smaller disputes. That reputation pays back across the board, yielding better pre-trial offers for many clients who never have to step into a courtroom.
Trial readiness also uncovers details that can raise value: a supervisor’s email about cutting corners, a maintenance log that went missing, or a driver’s statement that contradicts the police narrative. The team treats those moments as turning points and uses them to reset negotiations or present a clean, compelling case to a jury.
Contact Our Arkansas Car Accident Lawyers to Discuss Filing a Lawsuit
At LeVar Law Injury & Accident Lawyers, our willingness to go the distance, even for disputes measured in thousands, sets the tone with insurers. Our firm will treat your case with the utmost care, press forward with compassion and determination, and keep the focus where it belongs: on helping you rebuild your life in a way that is fair and sustainable. For a free case review, contact our law firm online or call (888) 220-7068.
