Anybody who has experienced a personal injury in Arkansas may be eligible for compensation by filing an Arkansas personal injury claim. There are many different types of accidents when personal injuries may often take place such as the following:
- auto accidents;
- slip and falls;
- motor cycle accidents;
- truck accidents.
As long as there is sufficient evidence available that proves another person or entity was at fault which both caused the accident and your injury you should be in the position to file a personal injury claim in Arkansas. This claim covers the financial suffering caused by the injury.
In Arkansas you should expect to receive the full cost of medical treatment, the cost of repairs to your motor vehicle (if applicable), any lost wages because you can’t work and an amount that covers the pain and suffering you have endured which often adds up to more than the value of your medical treatment. However, you may need some Arkansas personal injury help to ensure you receive the personal injury compensation you deserve.
How Do I File a Claim in Arkansas?
Before making the final decision to file a personal injury claim you need to have gathered enough evidence to support your claim which proves you weren’t to blame for the accident. You will also have to consider the Arkansas statute of limitations which is the time the state gives you to file a personal injury claim.
In Arkansas, anyone who has been the victim of an injury is given 3 years from the date of the incident to file a lawsuit against the person or entity who caused the accident that resulted in your injury. The time limit for claims that are due to medical malpractice injuries is two years. Also there is a time limit to file a claim against an Arizona government entity which is five years.
How Do I Prove Negligence in Arkansas?
Proving negligence in any personal injury claim normally depends on the evidence you have available. These are several forms of evidence that may be useful when supporting a personal injury claim which are:
- your physician’s report showing the diagnosis and potential recovery time;
- an accident report provided by the police;
- eye witnesses oral and written reports;
- receipts for medical treatment;
- photos taken off nearby surveillance cameras, if possible;
- photos taken at the scene of the injury.
Negligence Laws in Arkansas
Arkansas uses a “modified comparative fault” rule in cases where there is proof that an injured person shares some blame for the cause of his or her injuries. Arkansas’s modified comparative fault rule decreases your compensation if you are less than 50% responsible for the accident.
If it is found you are more than 50% at fault you are not permitted to demand any compensation from at-fault party. Often the insurer will try to use comparative fault when undertaking settlement negotiations.
What Kind of Compensation Can I Receive in Arkansas?
There are two main components in a personal injury claim which are economic and non-economic damages. Economic damages can be counted in cash terms and are the amount of money the injured person has either lost due to the injury or is having to pay out due to the injury.
Economic damages could include any or all of the following:
- The cost of medical treatment;
- Damage to property;
- Loss of wages;
- Lost earning capacity.
Non-economic damages could include any of the following:
- Disfigurement due to the injury;
- Emotional distress;
- Inconvenience when participating in everyday activities;
- Loss of enjoyment in life;
- Pain and suffering;
- Physical impairment (such as loss of the use of a limb or organ),
Arkansas differs from some other states as it has no caps on damages in injury cases. This is because Article 5, Section 32 of the Arkansas state constitution prohibits caps.
How Do I Get Personal Injury Help in Arkansas?
What is likely to have the most effect on winning a successful personal injury claim is being certain the evidence offered proves without a reasonable doubt who or what caused your accident and injury. It is important to get personal injury help in Arkansas and a personal injury attorney can work on your behalf to win a favorable personal injury claim.
The attorney can go through all the evidence and provide all the personal injury help in Arkansas by putting in the effort required to get the personal injury compensation you are eligible to receive. Fill out the Free Case Evaluation on this page to get connected with an independent, participating attorney that subscribes to the website.
