Going through a personal injury accident is never easy. Many cases can lead to devastating, life-altering injuries. As an injured victim, it is normal to try to hold the liable parties accountable for your losses and fight for compensation. Soon after an accident, an injured victim is faced with two options. First, they can choose to settle their case by negotiating with the liable party’s insurance company. Second, they can try to file a personal injury lawsuit and litigate their case in court. How much should an injury settlement offer be for? Is it better to settle your case or take it to court? Fayetteville, AR personal injury attorney Ken Kieklak explains.
How Much Compensation Can I Get from an Insurer for My Personal Injury in Arkansas?
As an injured victim, you have the right to pursue compensation after your slip and fall accident, car crash, and any other event that led to your accidental injuries. Typically, you have the option to settle your case or take the liable parties to court. In most cases, an insurance company would prefer to settle your case outside of court in exchange for a signed document stipulating you release them from further liability. In practical terms, settling your case gives you the chance to get compensation for your losses. However, there is a critical caveat you should consider. Insurance companies will only provide coverage for losses they can quantify. In other words, the insurance company can try to settle for economic damages, which include things such as your medical expenses, lost wages, and property damage.
However, by settling, you often won’t be able to get compensation for your pain and suffering, which are recoverable in a personal injury lawsuit. Determining which choice may work best for you will depend on the specific circumstances of your case. Every personal injury case is different, and the value of each case can change dramatically. For instance, the compensation available for a slip and fall accident may vary significantly from a severe truck accident compensation. In determining how much your case is worth, the insurance company – or the court, if you decide to file a lawsuit – will look at the facts of your case and decide how much compensation you can obtain. Our personal injury lawyers can help you learn and navigate how to file a personal injury lawsuit in Arkansas.
Should I Settle My Case or File a Personal Injury Lawsuit in Arkansas?
When you are injured in an accident caused by another party, not much time will pass before you get a call from the liable party’s insurance company. Insurers have two primary objectives when making contact with an accident victim: managing risks and protecting their assets. Keep in mind that the other party’s insurer does not work for you, and they will likely try to spend as little money as possible when settling. Insurance companies will always begin by providing you with an initial offer. At first glance, this offer may seem generous, especially if you are dealing with medical bills and other costs. However, most of the time, these offers represent a fraction of what you otherwise would get in court.
The one thing most companies would like to avoid is taking their case to court. Litigating your case represents a loss of time and resources they would love to avoid. In exchange, they would provide you with a low-ball offer and settle your case outside the court.
However, you have the chance to take your case to court by filing a personal injury lawsuit. Through this claim, you can fight for the compensation that better reflects your losses and helps cover your expenses. One of the reasons why filing a lawsuit may be beneficial in that it allows you to get compensation for non-economic damages that include your pain and suffering, which you wouldn’t get through a settlement. No matter how small or big your case may seem, it is always in your best interest to get assistance from a knowledgeable Arkansas personal injury attorney who can guide you and help you understand what to expect from your case.
How Much Compensation Can I Get from a Personal Injury Claim in Arkansas?
Compared to a settlement, a personal injury lawsuit allows you to fight for better compensation. However, you must first meet specific requirements set forth by the law and the court. In every personal injury claim in Arkansas, the plaintiff has the burden of showing the defendant’s negligence. Proving negligence will require you to show the existence of four main elements. The first element you will need to show is called the legal duty. The legal duty is nothing more than the obligation we all have to act as a prudent, reasonable person. For instance, all property owners have a legal duty to keep their premises free from any dangers.
The second element requires you to prove the defendant breached their legal duty. You can achieve this by providing evidence demonstrating the defendant’s breach. For example, you can provide evidence showing the property owner failed to correct cracked, uneven floors on their property, which led to your accident and injuries.
The third – and probably the most challenging – element to prove in your claim is called causation. Causation requires you to establish a link between the defendant’s negligent actions and your losses. Our Arkansas personal injury attorneys can help you with this matter. Finally, you will need to show you suffered losses that justify the concession of a remedy. Common examples of losses include your medical expenses, lost wages, and pain and suffering. Our Johnson, AR personal injury attorneys can help you get the compensation you need for your losses.
Arkansas Personal Injury Attorneys Offering Free Consultations
If you or a loved one was injured due to another person’s negligence in Arkansas, we can help. Our Fayetteville, AR personal injury lawyers know how overwhelming and challenging fighting for compensation can be and can help you increase your personal injury settlement in Arkansas. That is why we dedicate our efforts and resources to fighting aggressively and strategically in your name. You don’t have to go through this trying time alone. Let our experience, skill, and dedication work for you while you focus on recovering. To learn more about all of our legal services in a free, confidential consultation, call Ken Kieklak, Attorney at Law, today at (479) 316-0438.