Few things can be more stressful, overwhelming, and scary than being involved in a car accident. In addition to your accident and injuries, you may have to deal with additional problems if you were driving a rental car. After a crash in your personal vehicle, the claims process may seem straightforward. However, things may be very different when you crash while driving a rented car.
In general, the driver who is at fault is determined by the circumstances of what happened. This means looking at who violated traffic laws, who actually caused the crash, and which parties were innocent victims. From there, decisions about who actually pays for damages are decided based on whose insurance covers what injuries and vehicle damage and what the contract between you and the car rental company says. Typically, the at-fault driver’s insurance will pay for damages to a rental car, keeping you off the hook.
Our Fayetteville, AR car accident attorneys offer free case reviews to see if we can help with your car accident claim. Call us today at (479) 316-0438 to set up your free case review.
Who Is Liable for My Car Accident Involving a Rental Car in Arkansas?
Liability can be determined by carefully analyzing the circumstances of your case. It can also be proven by considering the events that led up to your crash and subsequent injuries. Typically, you can prove that another driver was liable by providing evidence that the driver was driving negligently.
To prove liability, you can file a personal injury lawsuit. Through your claim, you can provide evidence showing the other driver’s negligence. During a personal injury lawsuit, you have the burden of providing evidence to prove the defendant 1) owed you a duty of care that was 2) breached, 3) caused you harm, and 4) as a result of their negligence, caused you losses and damages. Your Arkansas car accident lawyer can help you provide the court with the evidence needed to prove liability after your crash.
What Should I Do After a Car Accident Involving a Rental in Arkansas?
Everything you do after your car crash in Arkansas can significantly impact any future claim. In cases involving a rental car, it may be difficult to understand how everything will play out. For this reason, it is essential to preserve all the evidence you can to help hold the liable parties accountable for your injuries and damage to the rental car. After a car accident, there are several things you should do.
Report the Crash to the Authorities
Your first priority should be your safety and the safety of those involved in your car accident. If you are able, call the emergency services and get checked by a healthcare professional. Additionally, you should report your accident to the police. Typically, a law enforcement officer will assess the crash and write a report based on their findings. This report can be useful in your insurance claim.
Gather Evidence
Gathering as much information from your crash as possible is critical. It is best to request all essential information from other parties involved, such as the other party’s name, address, phone number, and insurance information. Also, you should try your best to get photos or video of the crash scene, vehicle damage, and injuries. This evidence can show the extent of your accident, property damage, and injuries.
There may be instances where poor road and weather conditions may have played a role in your accident. If this is the case, make sure to document those conditions with as much detail as you can.
It is best to gather contact information for any potential witnesses to your accident, too. A witness can provide unique information about your crash and can help you support your claim.
Report the Crash to the Car Rental Agency
When renting a vehicle, the car rental agency may provide you with insurance options. These insurance policies may or may not provide full coverage for damage done to their vehicle. If you are not fully covered and had an accident, you may want to consider filing a lawsuit against the at-fault driver to cover the vehicle damage.
When Should I File a Car Accident Claim for a Rental Car Accident in Arkansas?
If you were severely injured in your car accident, you may need to go through expensive medical procedures and a lengthy recovery process. Your medical bills can grow exponentially in a matter of days. Under these circumstances, you may not know what to do or how to proceed knowing you have a significant debt to take care of. Fortunately, you have the option to file a car accident claim to cover these and other expenses.
In addition to getting compensation for the damage done to your rental, you may also get coverage for things such as your injuries, lost wages, medical bills, and pain and suffering.
However, there is a critical caveat you should consider. Under Arkansas law, you have a limited time to file your claim. This is known as the statute of limitations. This statute provides plaintiffs with a specific time to file their claims. This means you don’t have time to waste after your crash.
As a plaintiff, you have three years from the moment of your crash to file a personal injury claim. Many people think three years is enough time to get better and proceed with their claim. However, your Springdale car accident attorney will likely need time to prepare your case.
You should avoid any delays that may put your claim at risk. Filing your claim on time is essential, especially if your rental’s insurance didn’t cover the vehicle. If you miss filing your lawsuit on time, all expenses may come from your pocket. The sooner you act after your car accident in Arkansas, the better your chances of fighting for compensation.
Arkansas Car Accident Lawyer Handling Cases Involving Rentals
If you or a loved one was injured in a car accident involving a rental in Arkansas, we can help. Our Bella Vista car accident lawyers represent injured victims in car accidents and fight aggressively to get the compensation they need and deserve. Call us for a free case review. Our number is (479) 316-0438.
Being in a Springdale car accident could be a physically painful, frustrating, or life-altering ordeal. Many accident victims are under the wrong impression that filing a personal injury claim and obtaining financial compensation is a simple affair. Unfortunately, this is rarely the case.
Our experienced Springdale car accident attorneys know that many victims’ claims are denied because they lacked enough evidence to prove another driver was to blame. In some cases, an injured victim fails to document their injuries because they mistakenly believe they are minor. Two ways to prevent this from happening are talking with a competent attorney and obtaining the police accident report from your crash. The steps you have to take to obtain your report depend on who responded, the Springdale Police Department or the Arkansas State Police.
Our Springdale personal injury attorneys will work to build an injury case on your behalf. One of the most critical pieces of evidence available is the accident report. This document includes vital information that will serve as a foundation for our investigation. To discuss your injury claim or how to request a police report, call (479) 316-0438.
Requesting an Accident Report in Springdale, AR
After any accident, you should call the police and seek medical attention. Afterward, no matter how the crash occurred, it is advisable to obtain a copy of the accident report. How you request this document depends on the responding officer. If it was a local Springdale police officer, you will have to contact the Springdale Police Department. On the other hand, if a state trooper arrived at the crash scene, you will have to request a copy of the report from the Arkansas State Police. While similar, the details for each are different.
Springdale Police Department
There are three ways to request an accident report from the Springdale Police Department. No matter what method you choose, you will have to provide your name, driver’s license number, license plate number, the parties involved, your mailing address, email address, phone number, and the report number. You will also have to provide the location, time, and date of the accident. For more detailed information, you can visit the Springdale Police Department online.
- To request an accident report by phone, call (479) 751-4542. Be sure to have the above information available when you call.
- To request a report in person, go to the Springdale Police Department located at 201 Spring Street, Springdale, AR 72764
- You can also request a police accident report online.
Every copy of the accident report costs $15. Please include a money order or certified check payable to the “Springdale Police Department.”
Arkansas State Police
If the Arkansas State Police responded to your accident, the process is slightly different. You can request your accident report in person, by mail, or online.
To request your report by mail or in person, you must first complete the “Crash Report Request Packet.”
Once the packet is completed in full, you can either take it in person or mail it to:
- Arkansas State Police
- Att: Crash Records Section
- One State Police Plaza Drive
- Little, AR 72209
If you are mailing a request, be sure to include a self-addressed envelope, a copy of your ID, and a certified check or money order for $10 payable to “Arkansas State Police.”
The easiest way to get a copy of the Arkansas State Police Crash Report is online. These reports are typically available ten days after the accident and cost $10.
To obtain an accident report, you will have to provide the following information.
- The last name of at least one person involved in the accident
- The date and location of the crash
- The accident report number of the driver’s license of at least one driver involved in the accident
What is Included in a Springdale Accident Report?
The accident report provides our Arkansas car accident injury attorney with valuable information. The responding officer is the first person to investigate what occurred, making observations based on the accident scene and statements from witnesses and those involved in the crash. Additionally, the report will also include other vital information.
- The location, time, and date of the crash
- The weather and road conditions at the time of the accident
- The contact information of all individuals involved in the crash
- Insurance information for the relevant drivers
- Descriptions of the damage to the vehicles
- List of injured parties and injuries suffered
- Citations, if any were issued
- A diagram of the incident
- A preliminary conclusion of what caused the crash
The Important of an Accident Report After a Springdale Car Accident
For our Springdale car accident lawyers, the police report is a crucial piece of evidence. It includes important details and information about what occurred and who could be held liable. When building a personal injury claim arising from a car accident, the police report often serves as a starting point, including providing the responding officer’s observations and contact information of eyewitnesses.
If you believe there are mistakes in the report, contact our office. Factual errors, such as your name, license plate number, or the name of a passenger are usually easy to correct if you provide evidence of the mistake. However, if there are discrepancies that are based on subjective matters, it will be more difficult to challenge the report. In some cases, you might be able to provide an amendment to address your concerns.
Call Our Springdale, AR Car Accident Lawyers if You Have Questions Regarding Your Crash Report
Car accident cases are more complicated than most people think. Building a successful personal injury claim takes time, experience, and resources. A critical resource in nearly every case is the police accident report. If you have been in an accident or have questions about your legal rights, contact our Arkansas personal injury lawyers at (479) 316-0438.
Car accident victims in Arkansas have a right to hold the responsible party financially liable for their medical costs, lost income, and pain and suffering. When determining what party or parties should be held accountable, our experienced Fayetteville car accident lawyers will examine every possibility. While another driver might be the obvious defendant, the list of potentially liable parties does not end there. In some cases, a defect in a vehicle could have caused or contributed to an accident. For example, a tire blowout could result in a devastating accident and severe injuries.
If an accident because there is a defect in a tire, several parties could be held liable, including the vehicle owner, the tire manufacturer, a mechanic, or the store that sold the tire. When prosecuting a personal injury claim, you want to ensure that all possible liable parties are thoroughly investigated.
If you are injured in a crash that was caused by a faulty tire, you deserve to be compensated for your damages. Our Arkansas personal injury attorneys have the expertise and resources to fight for your rights. Contact our law offices to arrange a free consultation. Call (479) 316-0438 today.
Why Defective Tires Cause Arkansas Car Accidents
There are a number of types of tire defects that can result in an accident while driving. The most dangerous tire malfunction is probably a blowout. A blowout occurs when a tire bursts, quickly deflating. Below, we discuss some common tire defects.
Tread Separation
A dangerous condition occurs when a tire’s tread detaches from the tire’s body or casing. Typically, tread separation results from a manufacturing defect where the belting was not properly bonded to the tire’s casing. Tread separation often results in balance problems, making controlling the vehicle difficult.
Defective Materials
In some cases, there is a defect in the tire’s design or the materials used to produce the product. If a tire company uses low-grade materials to save money, the tire could be subject to damage and failure.
Over or Underinflated Tires
Improper inflation could result in tire failure. Underinflated tires are prone to overheat, causing the tire’s structure to degrade. When a tire degrades, it is likely to rupture or the treads could separate. Overinflated tires are more likely to a blowout. While the vehicle owner is generally tasked with maintaining proper tire pressure, over and underinflated tires could be installed on a vehicle without the driver’s knowledge.
Older Tires
Tires have an expiration date. If you purchase a used tire to save money, or if a tire was listed as “new” but was sitting on a shop’s shelf for months, the tire’s rubber could have degraded to the point of being dangerous.
Who is Liable for a Defective Tire in Arkansas?
One of the first questions a car accident victim will usually have is, “who could be held financially responsible?” When your car is rear-ended, the liable party is typically obvious. However, when a defective tire causes an accident, several parties could be held accountable.
The Tire Manufacturer
Our Arkansas car accident attorneys will investigate whether the tire manufacturer could be held accountable under a product liability claim. If the manufacturer used low-quality materials, failed to issue a prompt recall after learning of a defect, or provided insufficient safety information, it could be held liable.
Tire Seller
If a seller was aware that a tire was defective, it could be held liable for any injuries. In some cases, a tire seller will misrepresent the tire’s age or sell a worn tire that is unsafe. Even if a tire manufacturer distributed a defective product, a seller could be held partially at fault if it knew or suspected that the tire was defective.
Mechanic
Many drivers do not have the skill or knowledge of their mechanic. Therefore, a car owner will rely on the expertise of their mechanic. Some tire problems are not obvious to an untrained eye but should be apparent to a trained mechanic. If you are in an accident after having your car inspected by or worked on by a mechanic, they could be held liable if they failed to recommend that you replace your tires or mention the problem. A mechanic could also be held liable if they installed the wrong tires on your car or inflated them improperly.
Another Driver
Motorists in Arkansas owe other drivers, passengers, and pedestrians a duty to exercise reasonable caution when operating their vehicles. This duty includes ensuring that their cars are in safe working condition. When an owner ignores a recommendation to replace a tire or fails to perform reasonable maintenance on their car, they could be held liable for a tire defect.
Municipality Responsible for Road Maintenance
Tire failures are not always caused by a defect or neglect on the part of the driver. Poor road conditions could cause a brand new and properly inflated tire to blow out. If your accident happened because you hit unseen debris or pothole, you could have a claim against the municipality responsible for road maintenance.
Our Arkansas Personal Injury Attorneys Investigate All Possible Liable Parties
Tires are of vital importance to a driver’s safety. If a tire is defective, it could cause or contribute to a catastrophic accident. Our Fayetteville car accident lawyers could file a personal injury lawsuit against another driver and a product liability claim if a defective part contributed to the crash. You want to ensure that all possible parties are held financially responsible if you are hurt in a car crash. To discuss your case and who should be held liable, call (479) 316-0438.
Various incidents and accidents could cause a traumatic brain injury (TBI). Some common causes include falls and automotive vehicle accidents. Depending on the severity of the injury, a person could experience everything from a mild concussion to a permanent coma or death.
People who suffered a TBI often experience physical and cognitive difficulties. These complications could adversely affect an individual’s concentration ability or result in drastic mood swings or personality changes. Physically, a traumatic brain injury could impact a person’s motor skills, speech, and communication. If a person experiences significant limitations in their physical or mental capabilities, their ability to work could be permanently impaired. Fortunately, a person who suffered a TBI has the option of applying for disability benefits through the Social Security Administration (SSA).
No matter what your medical condition is, applying for Social Security Disability benefits is challenging. Having our knowledgeable Fayetteville, AR disability lawyers handle your application process will increase your chances of success. Contact our law offices at (479) 316-0438 to discuss the necessary steps to obtain the benefits you need.
Symptoms of a Traumatic Brain Injury in Arkansas
A TBI usually occurs when a person’s head is hit with such force that the brain suffers damage. A traumatic brain injury could also be caused by an object penetrating the skull and brain, such as a gunshot wound. The severity of a TBI will depend on the event and the person. In some situations, a person might only suffer a mild concussion while another individual will suffer permanent brain damage.
Some common brain injury symptoms include confusion, blurred vision, lightheadedness, severe headaches, fatigue, and mood changes. Some people might experience difficulties with their memory and concentration. Depending on the specific damage, other injured individuals could lose control of certain motor functions. While many people will improve over time, others will stay the same or gradually get worse.
Some symptoms of a brain injury will improve with time or treatment. However, even with speech, physical, or occupational therapy, an injured victim will not improve to the point where they are able to work again. In these cases, Social Security Disability benefits could help. One of our Arkansas disability attorneys could assist you with the process.
Social Security Disability Benefits for TBI in Arkansas
The SSA publishes a list of disabilities and their requirements as a guideline for their case specialists and doctors. Before 2016, traumatic brain injuries were listed under other types of medical conditions, such as epilepsy, stroke, organic mental disorders. However, now the SSA’s list of impairments includes a specific listing for traumatic brain injuries.
According to the SSA’s listing, a TBI is caused by a closed head injury, skull fracture, or penetration by a foreign object. To qualify for Social Security benefits for a TBI, your medical evidence must prove one of the conditions below.
You must not be able to control the movement of at least two of your extremities, for example, one arm and one leg, or both of either. This condition must persist for at least three months after your injury. Furthermore, you must demonstrate that you have difficulty standing up, balancing, or walking.
Otherwise, you must experience physical problems and limitations related to one of the conditions listed below.
- Your ability to think, remember, or apply information must be limited.
- You experience difficulties in interacting socially with other people, coworkers, or supervisors.
- Your injury limits your ability to finish tasks, either because of a loss of concentration or an inability to concentrate.
- You have difficulties in regulating your emotional response or controlling your behavior.
To qualify for disability benefits, the problems above must be considerably worse than moderate. However, there are not required to be extreme. Our experienced Fort Smith disability lawyers will help you gather the necessary medical evidence and documentation to support your claim.
Medical Evidence of a Traumatic Brain Injury
No matter your impairment or medical condition, you must provide the SSA with sufficient medical evidence to support your disability benefits claim. When applying for benefits because of a TBI, it is critical to provide medical records documenting your functional limitations.
While every traumatic brain injury is unique, there are some common types of medical documentation that is critical. Our Springdale disability lawyers have been helping individuals apply for benefits for decades and understand what the SSA is looking for. While this does not guarantee your claim will be approved, you will be presenting the best possible evidence.
For example, a history of emergency room visits or extended hospitalization related to your TBI is valuable evidence. Additionally, a written medical source statement from your treating physician that details your treatment, symptoms, and limitations could be very persuasive. Along with this statement, your doctor should include diagnostic test results to support the diagnosis. These tests should include MRIs, x-rays, and neuropsychological tests. In addition to a written statement from your doctor, statements from you, your family, coworkers, and your supervisor could also serve as compelling evidence. The key is to clearly demonstrate your limitations due to the TBI.
Contact Our Arkansas Social Security Disability Attorneys if a Brain Injury Has Impacted Your Ability to Work
Traumatic brain injuries are serious and often have life-altering consequences. If you have suffered a brain injury and are unable to work, you might qualify for monthly benefits through Social Security. The application process is not easy and approximately 65% of all applications are denied. To improve your chances of success, you should contact our experienced Harris Social Security Disability lawyers. Call (479) 316-0438 to schedule a free and confidential appointment.
Going through an accident can change your life forever. As a personal injury victim, you would naturally want to hold the liable parties accountable for your losses and fight for compensation. Fortunately, you can do this by filing a personal injury lawsuit. As you will learn through this article, this may be the best way to get fair, just compensation for your losses. However, you may wonder if there is a way you can file a personal injury twice after your accident in Arkansas. Our Fayetteville, AR personal injury attorney Ken Kieklak invites you to keep reading as we discuss this critical question.
Can I File a Personal Injury Lawsuit Twice in Arkansas?
Every day, thousands of people are injured in different types of accidents. It is not uncommon for injured victims to seek compensation from those liable for their accident. Typically, if you want to pursue compensation, you can file a personal injury claim in Arkansas. Through this process, you can hold the liable parties accountable for all of your losses. You can achieve this in two ways. First, you can file your claim and take your case to court, where a jury of your peers will determine whether your case has merit and how much it will be worth. Second, you can enter into a settlement negotiation with the other party. Either way, you are fighting for the compensation that reflects your losses and helps you recover after your accident.
However, you may wonder whether you can file a personal injury twice in Arkansas. When you settle your claim, you will likely be required to sign a release agreement where you agree to refrain from pursuing additional legal action against the party with whom you settled. Typically, this type of arrangement is legally-binding, which means you must abide by what the written contract says. However, what happens if you took your case to court the first time? Taking your case to court means you need to prove the elements of your claim (which we discuss further below), and the courts may have granted you compensation. In this case, once you have already been compensated for your losses, you may not sue the defendants again for the same reasons. Nevertheless, if there are other parties involved in your claim, you may sue them for the same reasons.
It is important to keep in mind that while a settlement bars you from taking the liable parties to court, there may be situations that can invalidate the settlement, giving you the chance to file a formal lawsuit:
Fraud
The general rule is thatyou cannot file a claim against the same party for the same accident once you have settled. However, there are exceptions to this rule. You may sue the at-fault party if you can prove they acted fraudulently when entering into the settlement negotiation. With your Arkansas personal injury attorney’s assistance, you can challenge the settlement contract’s legitimacy and prove whether fraud took place during settlement.
Coercion
When both parties enter into settlement negotiations, they should do so without being forced. Both contracting parties must be able to negotiate freely. Any kind of coercion can render the contract or settlement invalid. If there was coercion involved in your settlement, you can still file a personal injury lawsuit against the liable party after your accident.
Bad Faith
When settling a personal injury case in Arkansas, the contracting parties must act in good faith. Otherwise, the settlement process would not be fair, and you would have the right to sue. For example, if the other party’s insurance company refuses to settle for an amount resembling similar cases to yours – for no apparent reason – they would be acting in bad faith, thus giving you the right to pursue a lawsuit.
How Do I File a Personal Injury Lawsuit in Arkansas?
To file a personal injury claim in Arkansas, you must follow specific rules. As a plaintiff, you have to file your claim within the time frame known as the “statute of limitations.” The amount of time you will have to file your lawsuit with the court will depend on your specific circumstances. For example, if you were in a car accident, Arkansas’ statute of limitations provides you with three years from the moment of your accident to file your claim. If you miss this window, you may lose your chance of fighting for compensation. Our Springdale, AR personal injury attorneys can help you avoid missing your filing deadline.
Once you have met the statute of limitations requirements and filed your claim, the other party will be “served,” which means they will get a copy of your lawsuit against them. Once served, the court will schedule a date to hear your case. Once in court, you will get your chance to prove your case and fight for your compensation.
How Much Compensation Can I Get for My Personal Injury Claim in Arkansas?
As we mentioned, you may not be able to file a personal injury twice in Arkansas. This is the reason why having skilled, competent, and experienced legal representation is necessary. As a plaintiff, you have the burden of showing the other party’s negligence. Your ability to prove negligence will determine whether you can get compensation.
Every personal injury case is different, which is why determining the exact value of your claim before going to court may be challenging. The jury will be responsible for deciding how much your case is worth based on your case’s specific circumstances and the evidence you show. Typically, you will need to prove four main elements in your claim to get compensation. These elements are known as the duty of care, breach of duty, causation, and damages or losses.
Every single element in your claim must be supported by evidence. Once you have shown these elements’ existence, the court may grant you compensation for your losses, which may include your medical bills, lost wages, and pain and suffering. You may not be able to sue twice for the same personal injury. However, hiring an experienced Greenland, AR personal injury attorney can help you maximize your compensation.
Arkansas Personal Injury Attorneys Offering Free Consultations
If you or a loved one was injured in an accident in Arkansas, you need to hire an attorney immediately. Our Farmington, AR personal injury attorneys from the law offices of Ken Kieklak, Attorney at Law, can help you navigate Arkansas’ complex personal injury process. Thanks to decades of experience, we have developed the necessary skills to help you fight for the compensation you deserve. Call our law offices today and schedule your free, confidential consultation with Ken Kieklak. Our phone number is (479) 316-0438.
A severe injury can happen to anyone at any moment, without prior notice. The consequences of a severe injury can cause physical, emotional, and mental challenges that can affect you and your loved ones. It is not uncommon for personal injury victims to seek compensation for their losses. Many times, victims may decide to settle their case with the liable party thinking that they will get the compensation they deserve. As you will see in this article, it is possible to fight for compensation on your own. However, the most critical questions are whether you can get the best compensation on your own and if a settlement will provide you with compensation for your pain and suffering. Our Fayetteville, AR personal injury attorney Ken Kieklak explains.
Will I Get a Pain and Suffering Settlement Without a Lawyer’s Assistance in Arkansas?
People get hurt in accidents caused by other people every day. Unfortunately, many people are injured in car accidents, severe truck crashes, and slip and fall accidents – among other accidents – due to another party’s negligence. It is not strange for injured people to get compensation from those who caused their injuries. In an effort to maximize compensation, many personal injury victims decide to handle their case without a lawyer’s assistance. Nothing in the law requires you to have a Johnson, AR personal injury lawyer by your side to negotiate a settlement. However, you should pay careful consideration to the following elements.
How Bad Your Injuries Are
When fighting for compensation after a severe accident, it is essential to consider the extent of your injuries and their impact on your life. However, people who don’t have assistance from a skilled attorney may not pay close attention to essential details that may significantly impact their compensation or settlement. For instance, people may associate neck pain from a fender bender with a minor accident.
The liable party’s insurance company may also downplay your injury, especially if you don’t have a lawyer’s assistance. This can hurt your chances of getting adequate compensation. What you may have thought was simple neck pain could be a “whiplash” injury, which may entitle you to higher compensation. However, a skilled Washington County, AR personal injury attorney can analyze your situation and negotiate with the insurance company on your behalf so that you can maximize your settlement.
The Evidence Available
Evidence is critical when negotiating a settlement or fighting for compensation in court. The other party and their insurance company will do whatever it takes to collect evidence against your claim and pay little or no compensation. As the injured victim – and plaintiff – you have the burden of showing all the evidence supporting your claim. Some of the essential evidence you need to collect when negotiating a settlement include witness testimonies, police reports, and medical records.
Collecting the necessary evidence to support your settlement claim – or personal injury lawsuit – may require a lot of time and effort. This could be very challenging when nursing a severe injury, which may also prompt you to accept any offers made by the other party. However, with an experienced Arkansas personal injury attorney’s assistance, you can focus on recovering while taking care of all necessary evidence to support your claim.
Holding the Liable Party Accountable
Holding the liable party accountable for your injuries and losses is essential when negotiating a settlement or battling your case in court. To achieve this, you will need to have a proactive, incisive, and aggressive approach at every turn. It is essential to remember that just because you are a personal injury victim doesn’t mean the other party will wait for you to file a claim. Being proactive and holding the liable parties accountable for your losses can be challenging, especially if your injuries are severe. A skilled Arkansas personal injury lawyer can help you hold the liable parties accountable for your losses.
Settlements Vs. Personal Injury Claims in Arkansas
When fighting for compensation after an accident, you may have the choice to negotiate a settlement or take the liable parties to court. However, it is essential to understand how both work and which one would be better for you. Through a settlement process, you negotiate with the other party in order to get the compensation that can help you cover losses. However, settlements may not provide coverage for one of the most essential parts of your claim: your pain and suffering. Most insurance companies will provide coverage for what is known as economic damages. Economic damages are losses that can be easily determined. Common examples of these losses include property damage, medical bills, and lost wages. This means that you wouldn’t be able to get compensation for your pain and suffering.
However, a personal injury claim may allow you to fight for the compensation that includes your pain and suffering. In many cases, a personal injury victim may get a high compensation for their pain and suffering as a consequence of their accidents and injuries. However, to get this compensation, the court will require you to prove the defendant’s negligence. With your Rogers, AR personal injury lawyer’s assistance, you can show all your claim elements and persuade the court you need compensation.
The amount of compensation you can get from your personal injury lawsuit will depend on your case’s specific circumstances and whether you can successfully prove all of the required elements. It is always in your best interest to have skilled legal representation by your side at all times. Our Arkansas personal injury attorneys can help you with your settlement or lawsuit.
Personal Injury Lawyers Offering Free Consultations in Arkansas
If another person’s negligence in Arkansas injured you or a loved one, we can help. For decades, our Fayetteville, AR personal injury attorneys have helped thousands of individuals with their personal injury claims and compensation. We understand how challenging going through a recovery process can be. This is why we dedicate all of our effort and skill to hold the liable parties accountable for your losses and fight for the compensation you deserve and need. Facing the liable parties on your own may put your compensation at risk. Call Ken Kieklak, Attorney at Law, today and schedule your free, confidential consultation. Our phone number is (479) 316-0438.
Most personal injury victims will fight to get compensation after an accident. Insurance companies are aware of this, and they will always strive to solve the matter. To achieve this, insurance companies will come up with a settlement offer in an effort to solve matters outside the court – usually at a lower cost to them and lower damages for you. For many personal injury victims, the insurance company’s initial offer may seem generous and enticing. However, as you will learn throughout this article, there may be other ways to maximize your compensation. Can you sue after an insurance settlement in Arkansas? Should you settle? Fayetteville, AR personal injury attorney Ken Kieklak explains.
Am I Allowed to File a Lawsuit After a Settlement in Arkansas?
A settlement is a process through which the involved parties decide to settle in exchange for releasing the liable party from liability. Accepting a settlement offer – or payment – after an accidental injury requires you to sign a contract where you give up your right to file a lawsuit against the liable parties. Without this legal document, the other party will not be willing to settle your case.
However, what is the practical effect of signing and subsequently accepting a settlement offer? Typically, when you sign a settlement offer, you agree not to pursue further actions against the liable party for the same accident. Whatever money you agree to get is all you can expect to receive to cover your expenses and losses. Thus, as a general rule, you cannot file a lawsuit against the liable parties once you accept a settlement offer.
Before accepting an insurance settlement, you must analyze the other party’s proposition. Many times, insurance settlements fail to cover all the losses you’ve experienced. Things like non-economic damages (pain and suffering) are not calculated as part of your insurance settlement. It is critical to hire an experienced Fort Smith, AR personal injury attorney who understands how insurance settlements work and can help you maximize your compensation.
Can I Still Sue After an Insurance Settlement in Arkansas?
While the general rule is that you cannot file a lawsuit against the liable party once you have signed and accepted a settlement offer, there are still exceptions. Like any other contract, a settlement offer must be legally formed and fulfilled following the law. If a settlement agreement is not compliant with state law, it cannot be enforced, which may allow you to pursue compensation through a personal injury lawsuit.
The existence of fraud can allow you to file a lawsuit after a settlement. All parties in a contract must enter into their agreement without fraud or bad faith. If a party knowingly makes false statements to trick or deceive the other party before and during the contract creation, they would be committing fraud. In these circumstances, you can ignore what is written on the contract and proceed to file your personal injury lawsuit. However, proving fraud in a contract may be challenging to identify or deal with it, especially if you have never dealt with contractual fraud. It is always in your best interest to hire an experienced Arkansas personal injury lawyer who can help you with these legal matters.
There are circumstances where your accident involved more than one party. In these cases, it is important to understand that you may have a cause of action against those who were not part of your settlement agreement. Suppose you were involved in a truck accident in Arkansas. Truck accidents, like other types of vehicular crashes, can involve multiple parties. In this case, each of these parties is equally liable for the losses you experienced as a consequence of your crash.
It is possible that you entered into a settlement agreement with one of the parties, which would release them from liability in the future. Unless the language in your settlement expressly includes all involved parties in your case and releases them from future liability, you can still file a lawsuit and fight for compensation. In other words, if you settled your case with the truck driver in your accident, you can still file a lawsuit against any other parties involved that caused your accident and injuries. It is always best to hire a skilled Benton County, AR personal injury lawyer who can help you understand what you can do based on the circumstances of your case.
Should I Choose an Insurance Settlement or a Lawsuit in Arkansas?
After a car accident, you may want to pursue compensation. This is especially true for victims who need money to cover losses such as their medical expenses, lost wages, and property damage. Most of the time, this type of loss – economic damages – can be covered by an insurance company through a settlement. However, there is a caveat. Insurance companies may typically provide coverage for economic damages which do not include losses related to your pain and suffering, which can be a substantial portion of your compensation.
A personal injury claim may grant you the chance to recover compensation for non-economic losses, which include your pain and suffering. Many times, insurance companies will come up with a low-ball offer that may seem to take care of your most significant losses. However, they may be just a way for an insurance company to shake off liability while protecting their money. It is important to refrain from accepting any offers from the other party’s insurance before talking to an experienced Harris, AR personal injury attorney. With your lawyer’s assistance, you may have a better chance to maximize your compensation.
Arkansas Personal Injury Attorneys Offering Free Consultations
If you were involved in an accident and the other party’s insurance company is trying to settle your case, call us. It is essential to remember that the defendant’s insurance company does not work for you or looks to protect your interests. Our Fayetteville, AR personal injury attorneys can fight aggressively and strategically against the liable parties to get the compensation you deserve. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law, today at (479) 316-0438.
Truck accidents are frightening experiences. People involved in crashes involving large commercial vehicles are often seriously injured, scared, and confused. Accident victims should focus on their health and the health and welfare of any passengers in their vehicle immediately following an accident. If you are injured because of the recklessness of another party, you could seek compensation for your medical expenses and other damages. Below, Ken Kieklak, an experienced Arkansas truck accident attorney, looks at steps you could take to begin building a personal injury case following the crash.
Seek Medical Attention Immediately After an Arkansas Truck Accident
The health and welfare of yourself and anyone else in your vehicle should be your priority if you are involved in a truck accident. Unfortunately, many truck accidents result in catastrophic or fatal injuries. If you are unable to safely move, wait for emergency medical attention.
Luckily, many people walk away from the carnage of a truck accident with minor injuries. However, many of these same fortunate individuals make the mistake of not seeking a thorough medical examination after leaving the accident scene. It is not uncommon for people to realize they have sustained more severe injuries days or weeks after the accident. When someone is in an accident, they often experience an adrenaline rush that masks both pain and injuries. Even if it seems like an inconvenience, the best decision may be to leave a crash site in the back of an ambulance. These precautions not only help ensure your health and safety; they also could prove invaluable if you want to file a civil case. Documenting your injuries and linking them to the accident is essential when negotiating with an insurance company or taking a case to trial. An insurance company will be looking for ways to minimize what they are required to pay – you should not give them any reasons to deny your claim.
Medical treatment is usually more than one visit to your doctor. It is crucial to follow through with any treatments your doctor prescribes. Additional tests and examinations could be necessary to understand the full extent of your injuries. Furthermore, if you fail to comply with your doctor’s recommended treatment, it could be used against you during settlement negotiations or in court.
Call Local Law Enforcement After a Truck Accident in Arkansas
Once you have evaluated your injuries, you should call local law enforcement. The police will secure the crash site, contact medical emergency personnel, and conduct a preliminary investigation to determine what occurred. While you are waiting for the police to arrive, you should refrain from discussing what happened with other drivers involved in the accident. Under no circumstances should you apologize or admit to any percentage of fault.
When you speak with the police, just give them a factual and accurate account of what occurred. You should not exaggerate or add details that you do not recall. The police will speak with you, the truck driver, anyone else involved, and any witnesses that might have been present. After gathering information from the various parties, the police will begin to prepare an accident report. Do not leave the scene without requesting a copy or finding out how to obtain one. A police report could be a critical piece of evidence in a personal injury lawsuit. This is especially the case if a citation was issued against the truck driver and no evidence was included of you violating any traffic laws or regulations.
Exchange Information with Other Drivers in an Arkansas Truck Accident
Whenever you are involved in an accident, you need to gather information from the other driver or drivers involved. This includes their name, phone number, email address, and driver’s license number. You should also get the contact information of their insurance provider. Do not forget to get the name of the trucking company they work for and its insurance company. In many commercial truck crashes, it is possible to hold the trucking company liable in addition to the truck driver. Our Fayetteville, AR truck accident attorney will need this information to determine if the trucking company shares part of the blame.
Gather Evidence From the Scene of the Arkansas Truck Accident
Truck accidents happened quickly and sometimes involve multiple vehicles. Sometimes piecing together the chain of events that lead to the accident is challenging. Often, some of the best evidence available is immediately following an accident.
If you are capable, you should take many photographs of the accident site and the vehicles involved. Do not worry about taking too many pictures. Take various angles and include all damage each vehicle suffered. In some cases, an expert could determine what happened by where each vehicle came to rest and the specific type of damage each sustained. Do not forget to take pictures of the debris, road surface, and the surrounding area, including signs and local businesses. Our Bentonville, AR truck accident attorney will use these photographs to start building a personal injury case.
You should also question any witnesses who saw the crash. Get their names and contact information. If there allow you to, you should record their testimony. While witnesses might appear on the police report, there are times when an important witness will leave before the police arrive.
Call Our Experienced Arkansas Truck Accident Attorney for a Free Consultation
While your health and welfare should be the first thing your take care of, you should call our experienced Springdale, AR truck accident attorney as soon as possible. Trucking companies will have investigators out at the crash site within hours and they have attorneys working for them. Truck accident cases are complex and you need a knowledgeable lawyer at your side. Ken Kieklak, Attorney at Law, has been representing individuals injured in truck accidents for decades. Our office will work with the insurance companies involved, value your claim, and prepare your case for trial if necessary. To schedule a free appointment, call (479) 316-0438.
Every year, thousands of hard-working Arkansans suffer severe accidents at their workplace. Unfortunately, many of these injured workers have to go through a lengthy, painful recovery process. Fortunately, injured workers in Arkansas can get assistance from their workers’ compensation insurance. However, injured victims have to follow a set of requirements to get their compensation. Part of the workman’s comp process requires the injured worker to get a medical opinion from a physician appointed by their employer. You may wonder whether you can get a second medical opinion from another doctor to help support your claim. Our Fayetteville, AR work injury lawyer, Ken Kieklak, explains.
How Do I Get a Second Medical Opinion on My Workplace Injury in Arkansas?
If you were injured at work, you need to get medical assistance, regardless of the extent of your injury. In more severe workplace accidents, injured employees rely on their work insurance to help them during their recovery period. One of the requirements for workers’ compensation in Arkansas is getting medical assistance from an employer-provided physician. Typically, you will get a list of physicians that can take care of your injuries after a workplace accident.
However, are you able to get a second medical opinion on a personal injury case in Arkansas from a doctor of your choice? While it is true that under the workers’ compensation rules, you need to get medical services from your employer’s doctor, nothing stops you from getting evaluated by a doctor of your choice or another doctor you can trust for a second medical opinion. Getting a second medical opinion is critical and can help support your claim and establish transparency through the process.
However, you should not just go for a second medical opinion on your own. It is critical to inform your employer about your intention of seeking a second medical opinion. Once you have notified your employer, you can consult with your second doctor and provide their results to your employer. An experienced Sebastian County, AR workplace injury lawyer can also assist you through this time.
Why Do Injured Workers Seek a Second Medical Opinion for their Workplace Injury?
There are many reasons why an injured worker may want to seek a second medical opinion. As an injured worker, your main concern should be your safety and ensuring you can present your employer with an accurate, complete assessment of your injuries. Some of the reasons why injured workers would want to second medical opinions in Arkansas include:
Bias
There have been numerous cases where an injured worker has gone through doctors provided by their workman’s comp insurance, only to provide statements that are detrimental to the injured worker. For instance, an employer-appointed physician may render a report that may downplay an injured worker’s injury, forcing them to work, while in reality, they shouldn’t. In these cases, there is always the fear of bias.
In many cases, your employer and their insurer control who should treat your injury or workplace condition. For this reason, you might fear that your treating physician may be “playing for your employer’s team” instead of providing them with an accurate observation of your case.
Transparency
A second doctor’s expert opinion can help you corroborate the findings on your case or present evidence of conflicting results between a doctor who knows your medical records and one who probably does not. It is essential to understand that getting a second opinion on a personal injury case in Arkansas doesn’t have the purpose of antagonizing both parties. It has the purpose of supporting an injured worker’s claim to get a fair chance of getting compensation for their injuries.
Getting a second medical opinion for transparency is essential. This is a critical step, especially if you are seeking benefits. Through a second medical opinion, you can evaluate or determine the effectiveness of your treatment, original diagnosis, and other recommendations made by your first doctor.
Fear of Malpractice
While unfortunate, medical error occurs more frequently than you may think. Every year, thousands of patients are injured or misdiagnosed by negligent doctors. You may want to ask for a second medical opinion to make sure you are free from any dangers your first doctor may have missed.
It is critical to contact an experienced Arkansas workplace injury attorney who can help you make an informed decision on your second medical opinion.
How a Medical Opinion Impacts Compensation After Your Workplace Injury in Arkansas
Getting compensation after your workplace accident is possible. However, you must meet a specific set of requirements set forth. It is critical to report your injury to your employer. Typically, you have up to thirty days from the moment of your workplace accident to deliver a written report to your employer detailing the circumstances of your accident and injuries.
Part of your compensation process requires you to get medical assistance. As we mentioned, your employer will provide you with a list of physicians who can treat your injuries. While you can always get a second medical opinion – for the reasons we explained above – it is critical to comply with any and every appointment, test, or treatment your employer-appointed physician orders. Missing, ignoring, or otherwise delaying any orders from your first physician can delay your benefits or put them at risk.
Once you have reported your workplace accident and injuries, received medical treatment, and gotten your second medical opinion, you should deliver your claim paperwork to your employer. Once you provide your claim, your employer will send it to the Arkansas Workers’ Compensation Commission. The commission will evaluate your claim and determine whether they approve or deny your claim.
Arkansas Workplace Injury Attorney Offering Free Consultations
If you or a loved one was injured at their workplace in Arkansas, we can help. For decades, our Crawford County work injury attorney, Ken Kieklak, have represented thousands of injured workers in Arkansas. Thanks to our experience, we can help you fight aggressively and strategically to get the compensation you deserve for your injuries. We understand how difficult and challenging dealing with a workplace injury can be, especially if you are your household’s sole provider. For this reason, we work tirelessly to fight for the compensation you need and deserve. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law today (479) 316-0438.
Walmart relies on thousands of trucks to move their products around the country. Like any other vehicle on the road, trucks are at risk of being involved in an accident. The key difference is that due to their size and weight, Walmart trucks can cause extensive property damage, and severe, sometimes life-threatening injuries. After an accident involving one of America’s biggest retailers, you can be sure their legal team will be ready to fight off any claim. Thus, it is necessary to hire an experienced Fayetteville, AR truck accident attorney who can help you hold the liable parties accountable for your losses. Fayetteville, AR Walmart truck accident lawyer Ken Kieklak, Attorney at Law, invites you to keep reading as we discuss who do you sue after an accident with a Walmart truck in Arkansas.
Who Is At Fault in an Accident with a Walmart Truck in Arkansas?
Commercial trucks like Walmart’s are large, heavy vehicles used to haul tons-worth of cargo across Arkansas roads. Due to their size and weight, commercial trucks have the potential to cause severe, catastrophic accidents. You may identify the truck driver as the one responsible for your crash. However, before reaching a definite conclusion about who may be liable, it is best to consult with a Bentonville Walmart truck accident attorney.
In truck accidents – unlike passenger car crashes – there may be multiple parties you can hold liable in your personal injury lawsuit. To determine liability to its fullest after a truck accident, it is necessary to analyze all the circumstances of your case.
Suppose you identified the truck driver as the only liable party in your case. In this case, you may get compensation to cover some of your expenses; however, a truck driver’s insurance may not provide full compensation for your losses. This is where careful analysis comes into play.
In truck accidents, other parties like the truck driver’s employer, cargo loaders, and truck manufacturers may have also played a role in your crash. Unlike many other companies, Walmart owns its own fleet of trucks and uses them to make their deliveries and transport their cargo. For this reason, they may be held liable for the negligence of their truck drivers.
Additionally, Walmart must make sure all their trucks are safe to operate. Failure to check critical components such as their trucks’ tires and brakes can lead to otherwise preventable accidents, for which Walmart may be liable. On the same light, truck part manufacturers must make sure they design and manufacture products that are safe to use. This means they could also be held liable for their negligence during designing and manufacturing.
What Compensation Can I Get if I Was Hit by a Walmart Truck in Arkansas?
As an injured victim in a truck accident in Arkansas, you may be able to get compensation to cover all of your losses with the help of a Fayetteville, AR truck accident lawyer. Typically, there are three different types of compensation or “damages” you can get through a personal injury lawsuit: economic, non-economic, and punitive damages.
The purpose of a personal injury lawsuit is to put you back in the same position you were before you suffered your accident. Thus, during a personal injury claim, the court will consider your economic losses (medical bills, lost wages, property damage) and provide you with compensation to cover these losses. Economic damages can help you take care of losses that can be easily quantifiable and measurable.
However, your pain, suffering, and emotional trauma can also be covered through a personal injury lawsuit. Nevertheless, the court can find it challenging to assign value to these losses because they are more subjective. With your Arkansas personal injury lawyer, you can provide the court with a better understanding of your emotional trauma and how it impacted your life. This way, you can maximize your potential compensation.
The court grants punitive damages when the defendant’s actions or omissions are particularly wanton or reckless. This type of compensation is awarded to punish the defendant and dissuade others from acting the same way in the future. Your lawyer can help you raise the argument required to persuade the court this compensation should be considered.
Arkansas Comparative Negligence and the Statute of Limitations on Truck Accidents with Walmart Trucks
There are two essential aspects of your claim you need to consider before getting your compensation: Arkansas modified comparative negligence rules and the statute of limitations. We will discuss each of these elements separately:
Arkansas Modified Comparative Negligence
Under the modified comparative negligence rules, a plaintiff’s compensation may be reduced by their percentage of fault in an accident. For example, if you are awarded $100,000 and were found 10% liable for your crash, you can get $90,000. However, Arkansas also follows a fifty percent rule, which means that if you are found 50% or more liable for your accident, you may not recover compensation.
It is not strange for a defendant to argue that you were also at fault for your accident. They will likely try to convince the court that you had a lot to do with your truck accident to avoid paying you compensation. However, with our Arkansas truck accident attorney‘s assistance, you can fight these arguments and get the compensation you deserve.
Statute of Limitations in Truck Accidents
All plaintiffs in a civil claim, such as a personal injury lawsuit, have a limited time to submit their petition with the court. This is what is known as the statute of limitations. Essentially, you must file your claim within the time established by the statute, to have a chance at fighting for your compensation. Under Arkansas law, you have up to three years from the moment of your truck accident to file your claim. It is critical to act quickly and file your lawsuit as soon as possible. It would be best to remember that truck accidents can be complex and may require time to collect evidence and build a robust case. Our Arkansas truck accident lawyers can help you with this and other legal aspects of your personal injury claim.
Arkansas Truck Accident Lawyer Serving Victims Hit by a Walmart Truck
If you or a loved one was hit by a Walmart truck in Arkansas, we can help. Our Fayetteville, AR personal injury attorneys know what it takes to hold the liable parties accountable for your losses and fight for the compensation you deserve. Backed by years of experience, Ken Kieklak understands what you are going through and is ready to fight to get the compensation you need. Call our law offices today and schedule your free, confidential consultation. Our phone number is (479) 316-0438.