Arkansas Suing an Abuser for Money

You may have a right to seek justice from the abuser through the court system where you live. When people are injured by others, they are permitted to seek what the law refers to as “damages,” in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser.

Note: If you are a victim of stalking as defined by law, you can sue the stalker for money damages, reasonable attorney’s fees, and court costs. You must prove that the stalker committed a course of conduct that would place a reasonable person under emotional distress or in fear for his/her safety or for another person’s safety.¹ You can sue him/her whether or not the stalker was arrested, charged or convicted of the crime of stalking.² You must file the lawsuit within a year or less after the most recent act of stalking committed against you.³

Normally, to sue someone for damages, a person may likely need the help of a lawyer. Some lawyers will take a case like this for a “contingent fee.” That means the lawyer doesn’t get paid unless you win in court, and then s/he takes some percent, usually a third, of whatever damages the judge orders. Sometimes the judge will order the defendant to pay for your attorney’s fees.

If your damages are $5,000 or less, you can file on your own in small claims court.⁴ Small claims court is a less formal type of court. You may talk to the clerk of court for help in filing a lawsuit in small claims court. Under Arkansas law, attorneys are not allowed to represent either party in small claims court.⁵ If you want to sue for more, you will have to file under the civil court docket and may need the help of a lawyer. For additional information on Arkansas Small Claims court your can visit this page published by the Arkansas Attorney General.

If you need help in finding a lawyer who can take your case for a contingent fee, you can contact the National Crime Victim Bar Association, which offers lawyer referrals to crime victims seeking to sue offenders.  

¹ Ark. Code § 16-127-102(a)
² Ark. Code § 16-127-102(c)
³ Ark. Code § 16-127-102(e)
⁴ Ark. Sup. Ct. R. ADMIN Order 18(3), (4)
⁵ Ark. Sup. Ct. R. ADMIN Order 18(4)(a)