Personal Injury Law in Arkansas

Were you hurt due to another’s negligence in Arkansas? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Arkansas can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Arkansas relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Arkansas

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Arkansas

The Arkansas Department of Health reports the most common cause of an ER visit is chest pains and headaches. Average ER stays are in-between 4-7 hours per a visit across the state. This is most likely due to the fact that Arkansas has a higher number of heart and lung issues than most states, due to conditions like heavy smoking and diabetes. In addition, the most likely groups to encounter an unintentional injury were seniors, and people aged 20-24.

Steps in a Personal Injury Lawsuit in Arkansas

Once you determine that you wish to proceed forward with a personal injury action in Arkansas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

The court process in Arkansas is as simple as filing a suit with the court, and proving negligence. In the case of workers comp claims, it should be noted that often you have to file a personal injury suit to recover any economic damages sustained.

Arkansas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Most personal injury claims in Arkansas stem from auto accidents. Typically in Arkansas the average cost of an injury payout in the case of a car accident was about  $52,000, according to the Arkansas Department of Transportation. However, payouts vary depending on cause and severity on an accident, and there are less limitations on settlement payouts outside of auto accident related claims.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in AR, that means you risk not receiving any compensation at all.

Damage Awards in Arkansas

If your Arkansas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Arkansas has no cap on personal injury settlements. However, this changes if you are found to be partly at fault for the accident that caused your injury. If that is the case, you could see your payout adjusted accordingly.

Statute of Limitations in Arkansas Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

For personal injury settlements in Arkansas, the statute of limitations is three years. This means you have three years from the date of your accident to file a suit. There are more specific kinds of suits related to personal injury, such as medical malpractice suits, where the statute of limitation is only two years.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Arkansas Lawyer

Pursue a personal injury claim in Arkansas against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Arkansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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