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A personal injury claim can be filed when you are injured due to another party’s failure to exercise ordinary care. For example, you could be hurt in a car wreck caused by someone failing to stop at a red light or in a commercial truck accident caused by the driver not leaving enough room as he switched lanes.
Whenever someone is not ordinarily careful in their behavior, and someone is hurt as a result, a personal injury claim is possible.
Liability refers to a person’s responsibility for causing your injuries and, therefore, their obligation to compensate you for those injuries. If someone has a duty to exercise ordinary care to keep people safe and they breach that duty, they are liable for any injuries that occur.
For example, when we drive, we have the duty to be attentive and careful on the road. If someone breaches that duty by texting while driving and their lack of attention causes them to rear-end you, they are liable for any damage to your car or any injuries that you suffer from the accident.
In Arkansas, someone is negligent when they either do something that a reasonably careful person would not have done or fail to do something that a reasonably careful person would have done. If a reasonably careful person could have foreseen that their actions were dangerous, they can be found negligent.
For example, it’s foreseeable that pulling out onto the highway into the path of an oncoming vehicle would pose a risk of harm. A reasonable, careful person would have checked to see that the path was clear before moving forward, making the action of driving into oncoming traffic negligent.
In Arkansas, you can claim both economic damages and non-economic damages. Economic damages are damages with a concrete dollar amount, such as medical bills, for example the cost of physical therapy, and lost wages if you were unable to work due to your accident.
Non-economic damages seek to compensate you for pain and suffering and the emotional impact of the accident. For example, you can seek non-economic damages for the physical pain of surgery and recovery, as well as for the ways that your injury affected your quality of life and your loved ones.
A settlement happens when you reach an agreement with the at-fault party or their insurance company for a dollar amount that you’ll accept as compensation for your damages. Settlements can happen before a lawsuit is filed, during mediation following a lawsuit, or at any time prior to trial.
You and your attorney can go to trial if liability is denied, settlement negotiations break down, or a dollar amount cannot be agreed on. At a trial, your attorney will present evidence of your injury, the other party’s liability, and the damages you are claiming to a jury.
The other party’s attorney will then make their case, and the jury deliberates and reaches a verdict. If the jury finds that the other party was at fault, they will decide on a dollar amount that you are owed.
“Burden of proof” describes the responsibility you and your attorney have to prove to a jury that the at-fault party was negligent, that their negligence caused your accident or injury, and that you suffered losses as a result.
Evidence used to supply this burden of proof can include photographic or video evidence of the accident scene, police reports, medical records, and hospital bills.
This is why getting help from a knowledgeable attorney is key. Your lawyer will understand which documents to gather to support your claim and how to prove the other party’s negligence and liability to a jury.
The statute of limitations is the amount of time you have to file a claim after a personal injury. In Arkansas, you have three years to the date of the accident to pursue your claim against the negligent party. Otherwise, you lose the right to seek damages.
Getting immediate legal help following an accident can help get the process of a claim moving and ensure that you meet this deadline. Once the three years have passed, no matter how severe your injuries, the opportunity to seek compensation is lost.
When you’re new to the legal process, and you’ve just suffered an injury, you need to be able to focus on getting the medical treatment you need without dealing with an insurance company that’s hoping to pay you the smallest amount possible for your injuries.
At our law firm, we step in on day one to advocate for you with insurance carriers, allowing you to get the space to heal and focus on recovery. Leave the conversations and negotiations to us.
If you get letters in the mail from insurance, the other party involved in the accident, and medical providers – you can forward that mail to our office. If you’re not sure if a letter or an email is important, we’ll look it over and help you make sure that we don’t miss any important steps or deadlines along the way.
Your job is to focus on recovery – allow us to focus on being your advocate.
Still Have Questions? Ready To Get Started? For more information on Personal Injury Claims In Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 253-2226 today.