When you are injured in Fayetteville, it is natural to ask whether what happened qualifies as a personal injury under Arkansas law. A personal injury claim arises when someone is harmed because another person or company failed to act with reasonable care. That harm may involve broken bones, lasting pain, emotional distress, or financial losses. If negligence can be shown, you may be able to recover compensation for what you have endured.
Understanding what counts as a personal injury is an important first step. This guide will walk through how Arkansas law views these cases, the common situations that lead to claims, and what you should know before deciding whether to move forward.
How Arkansas Law Defines Personal Injury
Arkansas statutes do not use a single definition of personal injury. Instead, the law addresses it in different ways, from wrongful death provisions to rules on comparative fault and product liability. Taken together, these statutes show that a personal injury occurs when a duty of care is breached and that breach causes measurable harm.
Damages may include hospital bills, time missed from work, or long-term suffering. Whether your injury results from a car crash in Fayetteville or a dangerous product in your home, the principle is the same. When negligence causes harm, the injured person has a right to pursue recovery.
Common Types of Personal Injury Cases
Personal injury law covers a wide range of claims. Some of the most common in Arkansas include:
Motor Vehicle Accidents
Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians are frequent causes of serious injury. A 2025 report shows that Arkansas recorded 74 pedestrian fatalities and 11 bicyclist fatalities in the most recent year reported, with most of those deaths occurring in urban areas. Nationally, 7,314 pedestrians were killed in 2023. These numbers show how vulnerable people on foot or on bikes remain around traffic.
Medical Malpractice
Patients may bring claims when doctors or hospitals provide substandard care, such as surgical mistakes or unsafe prescriptions. Malpractice cases often hinge on expert testimony and detailed medical records, which means early documentation helps your claim move forward in the right way.
Product Liability
A defective product can injure a consumer if it was poorly designed, improperly manufactured, or sold without warnings. These cases often involve technical proof about how and why the product failed, and they may include multiple liable parties in the distribution chain.
Premises Liability
Property owners must keep their spaces reasonably safe. Slip and falls, unsafe conditions, and negligent security can all support claims when preventable hazards lead to injuries. Event settings and busy sidewalks are common locations for falls and collisions, especially when crowds and vehicles mix.
Nursing Home Abuse
Families can act when their loved ones are harmed by mistreatment or neglect in long-term care facilities. Claims can cover physical injuries, preventable falls, medication mistakes, and financial exploitation, among other harms.
Workplace Incidents
Many injuries go through workers’ compensation, yet third parties like contractors or equipment makers can still be held responsible. Arkansas employers reported a 1.9 per 100 full-time workers injury and illness incidence rate in private industry for 2023, which shows how frequently on-the-job harm occurs even outside heavy industry.
Although the details differ, these cases share a common thread: someone failed to act responsibly, and another person was left to deal with the consequences.
The Role of Negligence
Negligence is at the center of most personal injury claims. To prove it, you must show four things:
- The other party owed you a duty of care;
- That duty was breached;
- The breach caused your injury.
The injury resulted in damages such as medical bills, lost wages, or pain and suffering.
Arkansas uses a modified comparative fault system. Under this theory, you can still pursue compensation if you are found to be less than 50 percent responsible for the accident. However, the amount you recover will be reduced in proportion to your share of the blame, but you are not automatically prevented from bringing a claim.
Important Considerations Before Bringing a Personal Injury Claim
Before you move forward with a personal injury claim in Arkansas, there are a few things worth keeping in mind. The first issue to keep in mind are time limits. Arkansas law sets firm deadlines for filing a personal injury case, and once those dates pass, the courts will no longer hear your claim. Evidence is another crucial part of your personal injury claim. A clear memory helps, but medical charts, photographs, and witness accounts often make the difference between a weak case and a strong one. Finally, treat insurance negotiations carefully. Adjusters may sound supportive, but their focus is limiting payouts, not protecting your future. Recognizing these realities early puts you in a far better position to pursue the recovery you deserve.
Talk With Jason Hatfield About Your Rights
If you were injured in Fayetteville and are unsure whether your situation qualifies as a personal injury claim, you should not be left guessing. At the Law Office of Jason M. Hatfield, P.A., you will have an attorney who takes the time to listen, explains your choices, and works to protect your future. You do not need to take on the insurance company or the court system by yourself.
Call (479) 361-3575 today to set up a free consultation. The Law Office of Jason M. Hatfield, P.A. is committed to providing experienced, dedicated, and compassionate representation for Fayetteville residents.
