No Caps on Compensatory Damages in Arkansas Injury Cases

Some states limit how much an injury victim can recover, especially for pain and suffering. Arkansas is different — its constitution protects the full value of legitimate claims. Here is what that means for you.

Constitutional Protection

Article 5, Section 32 of the Arkansas Constitution states that no law shall limit the amount recovered for injuries to persons or property. This means there is no statutory cap on compensatory damages — the money that compensates you for medical bills, lost wages, pain and suffering, and other losses.

This is a significant advantage for seriously injured Arkansans. A catastrophic injury with lifelong costs is not artificially squeezed into an arbitrary limit.

The 2025 Change: Act 28

In 2025, Arkansas enacted Act 28, which affects how medical expenses are valued in injury cases — generally limiting recovery to amounts actually paid rather than the full amount billed. This is a meaningful shift that makes careful documentation and experienced legal guidance more important than ever.

An attorney who understands the current law can present your medical damages in the strongest, most accurate way under the updated rules.

What About Punitive Damages?

Compensatory damages are not capped, and Arkansas courts have struck down attempts to cap punitive damages as well. In cases involving especially reckless conduct — like drunk driving — punitive damages may be available to punish the wrongdoer, on top of full compensatory recovery.

This article is general information about Arkansas law, not legal advice for your specific situation. For advice about your claim, request a free case review.

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