When you’ve suffered a brain injury after a car accident, the road to recovery can be physically and emotionally overwhelming.
However, as you concentrate on your recovery, a legal timeline is rapidly approaching. If the clock expires, you may forfeit your entitlement to the necessary compensation for medical expenses, missed earnings, and continuous care.
In Arkansas, like in many states, there are specific deadlines for filing personal injury lawsuits. These legal time limits are known as the statute of limitations, and they play a critical role in your ability to take legal action.
Understanding them could make the difference between justice and a missed opportunity.
Why Brain Injury Lawsuits Are Time Sensitive
Brain injuries don’t always show up right away. Some symptoms take days or even weeks to manifest—like chronic headaches, dizziness, memory loss, personality changes, or trouble focusing. But despite these delays in detection, the legal system doesn’t always wait for your symptoms to catch up.
Filing a lawsuit involves gathering medical documentation, police reports, and witness statements. The longer you wait, the harder it becomes to locate critical evidence or verify the cause of your condition.
Insurance companies may also take advantage of this delay, arguing that your injuries were unrelated or less severe than they truly are.
The takeaway? Don’t wait until your symptoms are unbearable to start asking legal questions.
The Statute of Limitations in Arkansas
In Arkansas, the statute of limitations for personal injury lawsuits—including brain injuries from car accidents—is generally three years from the date of the incident.
It means you must file a lawsuit within three years of the accident that caused the injury, or you risk forfeiting your right to seek damages.
However, there are important nuances:
- If the injured person is a minor (under 18), the clock may be paused until they reach adulthood.
- If the injury leads to a period of mental incapacity, additional time may be granted to allow recovery.
- If the at-fault party leaves the state or intentionally hides their identity, the timeline could also be extended.
Still, these exceptions are rare and must be proven in court. Your safest route is to act as soon as possible.
The Danger of Delayed Symptoms
Traumatic brain injuries (TBIs) can be deceptive. Unlike a broken bone or open wound, a brain injury often develops silently.
You may feel “off” for a while and brush it off as stress, fatigue, or emotional trauma.
But signs of a serious TBI may include:
- Trouble concentrating or processing information
- Chronic migraines or vertigo
- Mood swings or irritability
- Sensitivity to light or sound
- Memory lapses
These symptoms often surface gradually, which is why many victims don’t associate them with the accident until weeks later.
That’s why getting medical attention immediately after a car crash is critical.
Not only does it protect your health, but it also creates a documented link between the crash and your condition—an essential part of any successful lawsuit.
Why Early Legal Action Gives You the Advantage
Filing a lawsuit sooner rather than later has clear benefits. Here’s why:
- Evidence is fresher. Surveillance footage, skid marks, and witness memories fade with time. Early action helps preserve this information.
- Medical records are complete. If you delay treatment, insurance companies may argue your injuries aren’t related to the crash.
- You control the timeline. Filing early gives your attorney time to build a strong case, gather expert testimony, and negotiate a fair settlement without rushing.
Delays can hurt your credibility and your compensation. You don’t need to have “all the answers” about your injuries before speaking to a lawyer. What matters is taking that first step.
What If You Think You’ve Missed the Deadline?
If it’s been a while since your accident and you’re only now realizing the seriousness of your brain injury, don’t panic. There may still be legal options, depending on the specific facts of your case.
Start by contacting a personal injury attorney immediately. They can review your medical timeline, accident report, and any correspondence with insurance companies to determine if exceptions might apply. For example:
- If your symptoms didn’t manifest until much later, it could affect the “discovery” date.
- If you were incapacitated, the clock may have paused.
- If fraud or concealment played a role, your attorney can argue for a time extension.
Even if you believe the statute has expired, get a professional opinion before ruling anything out.
Speak to a Car Accident Professional
A traumatic brain injury can change everything—from your career to your family life, your emotions to your sense of identity.
But while your recovery may take time, the window to pursue legal compensation is far less forgiving.
Don’t risk losing the resources you need to heal, pay for treatment, and rebuild your life. Knowing your deadlines and acting quickly is not just smart—it could be life-changing.
If you or a loved one has suffered a brain injury after a car crash in Arkansas, don’t wait. The earlier you act, the stronger your case will be.
At Davis Legal, we help injury victims understand their rights, navigate the legal system, and recover the compensation they deserve.
Schedule a free consultation today. We’ll help you file on time, fight smart, and focus on healing.
