If you were injured in a car accident in Arkansas, you may wonder how you will be able to cover your medical expenses. Your medical bills can grow exponentially, especially if you spend several days in the hospital and go through expensive medical procedures. However, you don’t have to worry about thinking you are responsible for these expenses. With the assistance of a Fayetteville, AR car accident lawyer, you can fight for the compensation that covers your medical bills and other losses, including your lost wages, property damage, and pain and suffering. Ken Kieklak, Attorney at Law, invites you to keep reading as we explain how your medical bills can be paid after a car accident in Arkansas.
How Can I Get My Medical Expenses Covered in Arkansas After a Car Accident?
Unfortunately, many car accidents in Arkansas lead to catastrophic injuries such as traumatic brain injuries, spinal cord injuries, and amputations. These injuries are not only challenging and painful, but they are also expensive. The hospital you are taken to after your crash will take care of all of your injuries and provide you with the assistance you may require, but they will also charge for their services. Your expenses can amount to thousands of dollars in a matter of days.
Even if you have medical insurance, it may not be enough to cover the entirety of your medical debt. However, no matter what your situation is, you should not have to pay all your expenses out of your pocket. There are ways to get compensation, especially if another person caused your accident and injuries.
There are different ways you can fight to cover your medical expenses after a car accident in Arkansas.
Filing a Claim Against the At-Fault Party’s Insurance
You can file an accident claim against the at-fault party’s insurance. This way, you can negotiate a settlement with the insurance company. Another thing you can do is file a claim with your insurance carrier. If you file a claim with your insurance, they will try to settle with you, and then they will contact the other party’s insurance carrier to collect from them.
However, dealing with insurance companies is often a hassle. An insurer may try to delay the process, come up with complex formulas to give you the least compensation, or just make an offer that may cover a small portion of your bills. What’s even more critical, they may leave things like your pain and suffering out of their policy.
In Arkansas, all motorists are required to carry minimum vehicle insurance. The state requires all drivers to carry insurance covering $25,000 for bodily injury or death of a person during an accident. Additionally, your insurance should cover $50,000 for bodily injury or deaths of everyone involved in an accident and $25,000 to cover property damage. However, your insurance may not be enough to cover all of your losses.
Filing a Personal Injury Claim
The best option available for fair compensation may be to file a personal injury lawsuit against the liable parties. Taking the responsible parties to court can give you a better chance of getting the compensation you deserve. You can fight to get compensation for all of your losses, including medical bills, lost wages, and pain and suffering.
Arkansas is an “at-fault” state in terms of compensation for victims of bodily injury and property damage. In other words, under the at-fault system, the person who caused your injuries is the one who should respond to your losses. Unlike other states where you’d have to turn to your insurance regardless of who caused your car accident, you can sue the at-fault party directly in Arkansas.
What Damages Must I Prove in My Car Accident Lawsuit to Get Medical Bills Covered in Arkansas?
Before getting compensation to cover your medical expenses, you need to prove your case in court. This means proving the defendant’s negligence and fault. To prove fault through your personal injury claim in Arkansas, the court will evaluate the circumstances of your car accident. It is essential to provide all evidence supporting your claim to get compensation for your losses, including your medical bills.
To determine fault or liability in your personal injury claim, you will need to show the defendant’s negligence. You can achieve this by showing the defendant’s liability through the preponderance of the evidence. The court will expect you to prove four essential elements.
First, you need to show the defendant owed you a legal duty to drive safely. The legal duty – or a duty of care – refers to common sense actions expected from a reasonable, prudent person, such as driving safely and following traffic law. Next, you will have to show the defendant breached their duty by engaging in negligent conduct. After the second element, you will need to show a link between the defendant’s actions and your injuries. Lastly, you will need to show the court you suffered losses, such as your medical expenses.
Once you have shown all the required elements in your claim, the court may grant you compensation for your medical bills and other losses such as property damage, lost wages, and pain and suffering.
It is critical to understand that Arkansas adopted the “Modified Comparative Fault” rule. Under this legal theory, your compensation can decrease if you were partially responsible for your accident. If you were found 10% responsible for your accident, your compensation will decrease by that percentage. Additionally, if you are found 50% or more responsible for your loss, you may not get compensation. The total amount of compensation to cover your medical bills may be affected by this statute. Thus, it is critical to hire a skilled Arkansas car accident attorney who can help you understand what you may expect from your case.
Contact Our Car Accident Attorney for a Free Consultation in Arkansas
If you got injured in a car accident in Arkansas, we can help. Our Fayetteville, AR personal injury attorney, Ken Kieklak, understands how challenging dealing with your medical bills can be when all you want is to get better. We are here to help you fight for the compensation you need and deserve. Over the years, we have developed the necessary skills to hold the liable parties accountable for your losses and taking them to court. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law today at (479) 316-0438.