Answer To Frequently Asked Questions About Personal Injury Claims In Arkansas
Do I have a personal injury claim?
In order to prevail in a personal injury claim in Arkansas, injured parties much show that the negligent actions of another person or entity caused them harm. If it was a medical professional, victims must show that he or she failed to provide reasonable care under the circumstances. If the negligent party was another driver, the injured party must show that the driver’s actions were the cause of the collision. Since each cases differs, consulting with a legal professional who can provide specific guidance on your case is advised.
How long do I have to file a personal injury lawsuit in Arkansas?
In Arkansas, personal injury victims have three years from the date of the injury to initiate the legal process to recover compensation. This statute of limitations period, as it’s known, also applies to loved ones who wish to file wrongful death claims. A failure to file a claim within this timeframe could bar injured parties or their family members from any recovery.
What if I am partially responsible for the accident?
In Arkansas personal injury cases, the principle of “contributory negligence” is applied. This means that damages will be reduced in proportion to your fault in the accident. For example, if a victim is 40% at fault, he or she can only recover 60% of the awarded damages. If, however, the victim’s fault is determined to be greater than the defendant, the law in Arkansas does not allow any recovery for damages.
How much is my case worth?
The value of a personal injury case is dependent on a wide range of contributing factors, including the nature and severity of the injury that a victim has sustained, as well as the extent of the subsequent pain and suffering that they have been forced to endure. Other variables like incurred medical expenses and lost earnings will also be taken into account, but each case is often very different. Many times, an insurance company will prompt a victim to settle for a lesser amount of compensation in order to avoid going to trial, but if one is willing to stick it out through the necessary legal process, they may be able to recover much more than initially offered.
Do I need to hire a lawyer to recover compensation for my injuries?
Individuals do not have to hire a lawyer if they wish to pursue a claim for damages in, for example, an auto accident. However, without any knowledge of the law or procedures involved with the legal process, injured parties may not receive all available damages for their circumstance, or any damages at all. An attorney with knowledge in this area of law – and one with experience working with insurance companies – can make sure your rights are protected and proper steps are taken to secure the most favorable outcome for your situation.
For more information about how a lawyer from Benton Gann, Attorney at Law can help, schedule a consultation today.