How this estimate is built
Your medical expenses and lost wages are your economic damages — the easy-to-document part. We then apply the multiplier method, the same approach insurers and attorneys use industry-wide, to estimate pain and suffering: your economic damages multiplied by a factor of 1.5 to 5, depending on how serious the injury actually was.
Arkansas's constitutional ban on damage caps
Arkansas is one of a small number of states whose constitution directly bars capping personal injury damages. Article 5, Section 32 of the Arkansas Constitution prohibits any law limiting the amount recoverable for causing injury or death. The Arkansas Supreme Court has enforced this directly: in Bayer CropScience LP v. Schafer, 2011 Ark. 518, the court struck down a statutory cap on punitive damages as unconstitutional under this very provision. Voters have twice been asked, in 2016 and 2018, to carve out an exception for medical-injury cases — neither effort succeeded, so the ban remains in full effect for an ordinary Arkansas personal injury claim.
The real risk: reaching 50% fault
Arkansas follows modified comparative fault under Ark. Code § 16-64-122: if your fault is less than the other party's, your recovery is reduced in proportion to your own share. But if your fault is equal to or greater than the other party's — the 50% mark itself included — you recover nothing at all. See our Arkansas comparative negligence calculator for the full rule.