The accident could have occurred while you were driving, walking, cycling, at work or in a mall shopping or even at home or in a nursing home. No matter where the accident happened or how it happened, you can rest assured that we have plenty of experience and expertise in terms of dealing with such accident cases and we will be able to help you file the necessary civil lawsuits to ensure that you can seek and receive damages.
Civil lawsuits
Civil lawsuits are a tool offered to victims in Arkansas courtesy of Arkansas state law as a means of holding the negligent persons or parties liable and have them pay for the damages which you have had to incur.
The civil lawsuit may be a personal injury lawsuit, a property damage lawsuit, or a wrongful death lawsuit. It all depends on the particulars of the accident itself:
- How did the accident happen?
- What was the effect?
- What sort of damages resulted?
- Was someone injured?
- Did it result in the death of anyone?
- Was any property such as a car or a house destroyed or damaged in the accident?
Why you need an Arkansas accident lawyer?
There are many challenges associated with an accident lawsuit. The auto accident laws are extensive and complex, and may prove to be too much for a lay person to interpret and apply in the right way. Filing of the lawsuit involves a lot of legal intricacies which need to be followed. Furthermore, once the lawsuit is filed, it is also the plaintiff’s responsibility to prove the claims within the lawsuit.
Proving the lawsuit requires tact, evidence, presentation skills, reasoning, critical thinking, and so forth. Our legal counselors under the finer aspects of the law and will be able to navigate you through all of these challenges so that you end up receiving the compensation that you deserve.
USAttorneys.com can be your salvation, the answer to your prayers. If you have any issues, contact us and we will get back to you shortly or you can use our interactive map to call up an attorney directly. Legal help is right around the digital corner!
USAttorneys.com was designed with you in mind and only looks to help those who are in search of legal advice and aid find it. We feature some of the best Arkansas accident lawyers in the field who are going to work to your benefit and see to it that your injuries are compensated for, no matter how serious they may be. And no matter what type of injury you may have suffered from, our legal counsel will gladly represent you.
Premise Liability in Arkansas
The Arkansas Judicial Department recognizes that when someone does fall on another person’s property, that there may be a case of premise liability and the owner of that land and/or building may be held responsible when someone gets hurt at their expense. Some examples of premise liability claims include:
- Defective conditions on the premises.
- Inadequate building security that has led to an injury.
- Inadequate maintenance of the premises.
- Someone has become affected by toxic fumes or chemicals while on another’s premises.
Now, one thing to keep in mind is that just because you fell on someone else’s property doesn’t exactly mean they were negligent and you can file an injury lawsuit against them and expect to win your case.
What Laws Should I Be Aware of?
The state of Arkansas recognizes four general classifications of persons who enter onto someone else’s property. You have:
- Adult trespassers would be considered someone who enters onto the property of another without consent given or during times when visitors aren’t permitted.
- Invitees are defined as “a person who enters onto the property of another at the express or implied invitation of the property owner”
- Licensees “is a person who is privileged to enter or remain upon land by virtue of the possessor’s consent
- Children
This is one of the most important aspects of a case and what a judge is going to look at when you elect to file a slip and fall lawsuit. You need to be aware of your class and what you would be considered, whether it is a licensee or an invitee. The determination of this can either make or break your case.
Therefore, if you have been affected by a slip and fall, we urge you to consult with an accident lawyer in SC recommended on your site.. They can assess the details of your case and help identify whether you have a viable claim or lawsuit on your hands.
What types of accidents require the benefit of legal counsel in Arkansas?
Latest Centers for Disease Control data reveals accidents as the 5th leading cause of death in Arkansas. When an accident victim is left with property damage and personal injury that leads to negative lifestyle changes and expensive medical bills, hiring legal counsel is the best course of action. An experienced attorney will know how to research federal and state laws that will support a claim for negligence. In many cases, insurance companies will try to get accident victims to sign settlement agreements early on so they can close out a claim before fault is concretely established. Consult with an attorney as soon as possible after an accident so they can do a review of your case, hire investigators to gather information from the accident scene, review all pertinent police reports, witness testimony and medical reports. This documentation will assist in the determination of fault.
Individuals have no way of preparing for accidental events that may lead to injury, long term disability, or wrongful death resulting from someone else’s negligent acts. Arkansas law provides for compensation after accidents, covering auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries. A victim can pursue legal action for economic and non-economic damages to cover unexpected losses.
Motor vehicle.
There were 472 fatal crashes in Arkansas in 2018, resulting in 516 deaths. Arkansas Code Annotated section 16-56-105 sets the statute of limitations for most personal injury cases and car accident lawsuits at three years to file a case in court for damage claims. Under Arkansas’ modified comparative negligence laws, an injured party is allowed to recover damages, even if they are partially at fault, but fault must be proven and compensation for the damages will be adjusted in accordance percentages assigned to each party. When a pedestrian, cyclist, or driver of any type of motor vehicle is injured by a negligent driver in Arkansas, they have a right to pursue compensation for their losses. The majority of financial responsibility resulting from accidents is passed on to the responsible driver’s insurer.
Negligent driver actions, including speeding, distracted driving, or drunk driving, carry criminal components that will have to be addressed first. When charges are upheld for the criminal proceeding, it may strengthen the civil action. A lawyer’s involvement may speed this process along due to the added complexities.
Personal injury.
In an Arkansas personal injury lawsuit, a victim can recover damages against any party who was more at faut that they were in an accident, but negligence will need to be proven and compensation will be based on percentages of fault assigned to each party under comparative negligence laws. The recovery of damages rests on proof that the other individual, or entity was the cause of the injury and owed a duty of care to the victim.
Premises liability.
If an individual is injured as a result of poor conditions on someone’s property, improper maintenance and upkeep, or has some negative interaction with occupants and/or animals on the premises, a property owner’s responsibility to provide a duty of care will need to be proven, based on the reason the victim was visiting the property, and is generally covered under a homeowners’ insurance policy. For example, an invitee may be owed a duty of care, but a trespasser may not be owed that same duty.
Medical malpractice.
Arkansas does not place a cap on the amount of damages recoverable in a medical malpractice action. Article 2, § 31 of the Arkansas Constitution prohibits the enactment of any law limiting the damages recovered for personal injury, or death. Medical malpractice occurs when an individual is injured while under the care of a health care provider. The statute of limitations is two years from the date of injury, or knowledge of the date of injury, to file a medical malpractice suit, with some exceptions that an attorney can explain.
Workers’ compensation.
Workplace injuries often result in serious economic hardship for a worker and their family because of a loss of income, unexpected medical bills, interruptions to daily routines, physical pain, and/or resultant disabilities. Worker’s compensation is in place to support injured workers and a skilled attorney may be of assistance in filing a claim with the Arkansas Workers’ Compensation Commission. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself. Accurate records of injuries, medical treatment and worker’s salary will be necessary for this type of action.
Wrongful death.
A wrongful death legal action can be filed by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from property damage and accident injuries in Arkansas?
Compensatory damages are meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
Arkansas courts removed the limits on punitive damages, when it can be proven that an individual’s actions were found to be reckless, intentional, egregious, and harmful.
Legal action after an accident.
An Arkansas accident victim can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement.
