Elkins, AR Personal Injury Lawyer

Victims injured because of negligence can respond by bringing injury claims against at-fault parties. We can begin preparing your claim immediately in Elkins so that you do not risk missing the deadline.

Personal injury claims require considerable records and information, including victims’ hospital and employment records. This information can help our attorneys calculate victims’ damages from medical expenses and lost wages. We can also obtain any incident reports for the accident from law enforcement and review them for new information. Doing this soon after an incident is crucial, as victims generally have three years to sue negligent parties for personal injuries. To ensure you have enough physical evidence to support your claim, photograph the scene after the accident. We can search for additional evidence during our investigation, such as surveillance footage, and interview anyone who witnessed the accident in Elkins.

Call (479) 316-0438 today to set up a free case evaluation with our personal injury lawyers.

Compiling Records for Personal Injury Cases in Elkins, AR

When preparing compensation claims, our attorneys will obtain relevant documents that could support victims’ cases, such as their hospital records, income records, and any law enforcement reports for the accident.

Hospital Records

Victims’ hospital and medical records are some of the most important pieces of evidence in injury claims. Hospital records can show when you were injured, so go to the emergency room right after sustaining injuries. These records will outline your initial diagnosis, emergency care, and any subsequent surgeries or treatments you received. Our personal injury lawyers can help you obtain records from providers and hospitals as you get treatment to keep these documents organized.

We can compile your personal medical records and track medical bills throughout your physical recovery. This information will inform your compensation for medical damages.

Income Records

Income and employment records can let us calculate your lost income. Victims incur lost wages when they cannot go back to work after suffering personal injuries. This could happen depending on the victim’s injuries and workplace responsibilities. Some injuries permanently affect the work victims can do, reducing their earning capacities forever. In such situations, we may use a combination of medical and income records, like your previous tax returns or pay stubs, to support our request for lost wages, including income missed to date and future lost wages.

Incident Reports

Reporting and documenting personal injuries is important. Victims may do this by calling the police, which is often necessary for serious auto accidents. Though police reports may be inadmissible in injury lawsuits in Elkins, we can use these documents to learn additional information about the incident. For example, police reports contain the basic facts about an event, like its location, date, and time. Police officers might speak to eyewitnesses at the scene and include their information in the report, making it easier for our lawyers to learn their identities and contact them for interviews.

Time Restrictions on Filing Personal Injury Cases in Elkins, AR

The general statute of limitations for injury lawsuits in Arkansas is three years, according to Ark. Code. § 16-56-105. Paying attention to this deadline is crucial, as missing it could bar you from recovery from a negligent party.

Courts strictly enforce this filing deadline unless a case is eligible for an exception to the statute of limitations. The most common tolling exception is for delayed discovery. Not all injuries are immediately apparent. Internal injuries, soft tissue injuries, and others, such as those from medical malpractice, might lead to delayed discovery. In these situations, the clock would begin to count down on the date of discovery, not the date of the accident. When citing delayed discovery as an exception to the statute of limitations, we must show that the victim could not have reasonably discovered their injuries sooner.

It is important to note that medical malpractice lawsuits differ from most other personal injury cases regarding filing deadlines. Instead of having three years to sue, victims of medical malpractice have just two years to file lawsuits. Furthermore, in cases of delayed discovery due to foreign objects left behind in the body, which might happen during surgery, victims only have one year from the date of discovery to sue negligent hospitals or physicians, according to § 16-114-203(b).

Furthermore, since minor victims cannot bring claims themselves until they are adults, they have three years from turning 18 to sue for most personal injuries in Elkins.

The general three-year filing deadline applies to most injury lawsuits, including those for slip and falls, defective products, and car crashes.

Preserving the Scene After Sustaining Personal Injuries in Elkins, AR

Victims can preserve accident scenes by photographing and videoing them. You can use your phone to do this or ask first responders for help documenting the site.

After car accidents, victims should photograph damage to their vehicles and any debris on the road. For slip and falls, victims should photograph the reason for their fall. For example, if you tripped in a restaurant hallway because of poor lighting and a broken floorboard, you should photograph the area to document that.

Look around for any eyewitnesses. When serious accidents happen, eyewitnesses might stop and give victims aid. If they do, ask for their names and phone numbers, then give this information to our lawyers. Ensuring eyewitnesses’ statements remain accurate and intact is crucial, so we will seek to interview them as soon as possible.

As we investigate the incident, we can survey the site to determine if private surveillance systems are nearby or on the premises. If security cameras are nearby, we can obtain footage through a subpoena or informal request and review it to see if it is relevant to your case or shows the accident happening.

Call Us to Discuss Your Case in Elkins, AR Today

For a free case review from our personal injury lawyers, call (479) 316-0438 now.