Clarksville, AR Personal Injury Lawyer

Clarksville, AR Personal Injury Lawyer

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    Personal injuries can occur in many different ways in Clarksville. If you have been injured by another person, our firm can help by filing a lawsuit to hold them accountable.

    It is likely that your injuries are the result of another’s negligence. However, you can also file a lawsuit if someone intentionally harmed you. How your injuries occurred is important because it will typically determine how long you have to file a claim. Some causes give you a few years to file, while others might only allow you a year to file your lawsuit. Our attorneys can review your case to determine your filing deadline. We will gather evidence quickly so your case is prepared before the time limit passes. We can also see if an exception applies to your case that would allow you more time to prepare it.

    For a free case review with our personal injury lawyers, contact us today at (479) 316-0438.

    How Long Do I Have to File a Personal Injury Lawsuit in Clarksville, AR?

    How long you have to file a personal injury lawsuit depends on how you sustained your injuries in Clarksville. This is known as the “statute of limitations.”

    Most people file a lawsuit because another person negligently injured them. Other victims file claims because they were intentionally harmed. Both are civil violations known as “torts” and can be punished by awarding you damages from the defendant. However, you will only have a limited amount of time to file your lawsuit, no matter what type of injury you suffered.

    If you do not file your case before your specific deadline passes, you will be barred from pursuing compensation. Our personal injury attorneys can immediately start gathering evidence on your behalf so your case is filed as soon as possible. Fortunately, several exceptions could extend the deadline. Our team can see if one applies to your circumstances, but it is best not to delay. The following explains how long you will have to file your lawsuit in Clarksville:

    Lawsuits Claiming Negligence

    The majority of personal injury lawsuits claim negligence as a basis for demanding compensation. It is much more common for someone to be injured by accident rather than an intentional act. For instance, countless claims are filed against negligent drivers each day for car accidents they cause. Many other cases involve victims suing property owners for injuries they sustained on the owner’s property, like slip and fall accidents.

    If you are suing the defendant because they injured you through an act of negligence, you will have three years from the date of the accident to file your lawsuit, according to Ark. Code § 16-56-105.

    This also applies if a defective product injures you. If a product or part was ill-designed or negligently manufactured, you have three years to sue those responsible. While these cases are complex, our lawyers can help determine who should be held liable for the defect.

    Ark. Code § 16-62-102(c)(1) also provides only three years to file a wrongful death claim, which starts on the date of death. If you lost a loved one to someone else’s negligence, you might have a right to bring a claim on their behalf if they would have had the right to sue if they lived. It is a short amount of time to gather evidence in these difficult cases, but our team can organize your case quickly.

    Lawsuits Claiming Intentional Harm

    Intentional harm is another source of many personal injury lawsuits in Clarksville. If someone intends to harm you, like an assault and battery, you can file a claim against them in civil court. This is in addition to any criminal charges filed against the defendant. A criminal prosecution does not prevent you from filing a civil claim for the same offense.

    If you were intentionally harmed, you only have one year to file a claim against the offender under Ark. Code § 16-56-104. Assault and battery are obvious examples of intentional harm, but you could also sue if someone falsely imprisoned you who did not have a right. Our team can help file your claim no matter the harm you suffered and potentially use the evidence of the defendant’s criminal conviction in your civil lawsuit.

    Lawsuits Claiming Medical Malpractice

    While it seems like you have more time to file a lawsuit for medical malpractice, Ark. Code § 16-114-203(a) only gives medical injury victims two years to file their claims against their negligent healthcare providers. This is an extremely limited amount of time to gather evidence and witness testimony, especially if doctors, nurses, and other specialists were all implicated.

    Fortunately, there are a few exceptions to this strict deadline. If you only just discovered your malpractice, such as when a foreign object is left in you after surgery, the “discovery” rule found in Ark. Code § 16-114-203(b) would give you one year from the day you discovered your injuries to file a claim, regardless of how much time passed before your discovery.

    Medical malpractice victims nine years old or younger might also have additional time for their parents to file a lawsuit on their behalf, as per Ark. Code § 16-114-203(c)(1). In these cases, victims will have until the child’s 11th birthday or two years after the malpractice to file a lawsuit, whichever is later. Ark. Code § 16-114-203(c)(2) extends the discovery rule to these cases, giving minors two years from the date of discovery or their 19th birthday to file a claim, whichever is earlier.

    Lawsuits Involving Minors or a Disability

    Minors, in general, are exempted from the statute of limitations in addition to the exceptions mentioned above, according to Ark. Code § 16-56-116(a). The law gives those under 21 years old at the time of the accident three years to file a lawsuit after turning 21.

    The same rule applies to plaintiffs claiming a disability as the reason for not filing their claim. If you have a valid disability that prevents you from filing, like a mental health condition that prevents you from possessing legal competency, you will have three years after the disability is removed to file your lawsuit.

    Cases Where the Defendant Has Prevented You from Filing a Lawsuit

    It is only fair that the statute of limitations does not apply to your case if the defendant is making it impossible for you to file a lawsuit against them. Ark. Code § 16-56-120 will stop the clock from tolling if the defendant leaves Clarksville, the state, or conceals themselves in any way that prevents them from being sued. The clock will start again once the defendant returns and can be served. Our lawyers can help track down a defendant who does not want to be found and make them answer for your injuries.

    Our Clarksville, AR Personal Injury Lawyers Can Get Your Lawsuit Started Today

    Call us today at (479) 316-0438 to speak with our personal injury attorneys and receive your free case evaluation.