When someone is hurt because of another person’s negligence, the injured party may seek financial compensation by filing a personal injury lawsuit. There are several types of accidents that can cause personal injuries. For instance, victims of car accidents, slip and fall accidents, and defective product accidents can all suffer serious harm.
Defendants in personal injury cases are often represented by insurance companies who try to refute key elements of plaintiffs’ claims. Fortunately, if you suffered a harmful accident in Huntsville, AR, our legal team can help build your claim and fight for the payment available to you.
Seek guidance and support from our experienced personal injury lawyers by calling (479) 316-0438 today.
How to Recover Payment in a Huntsville, AR Personal Injury Lawsuit
Each personal injury claim is unique. There are several factors that can impact plaintiffs’ routes to compensation. However, there are certain actions that must be taken for every case to prevail. Our personal injury attorneys can help navigate each of the following steps for recovering payment in your personal injury case:
Evaluating Your Claim and Gathering Evidence
You must evaluate the strength of your case before proceeding with anything else. There are four key elements that must be present to recover monetary damages for your personal injury. First, you must show that the defendant had a duty of care that they failed to live up to. For example, motorists have a duty to obey traffic laws. You may assert that a driver breached their duty by speeding or running a red light.
Next, you will have to prove that your accident was caused by the defendant’s negligence. There are several types of evidence that may be used to prove fault for an accident. For example, surveillance footage may identify that a slip and fall accident was caused by a slippery floor. Furthermore, eyewitness testimony may establish that a car crash happened because a driver committed an illegal lane change.
Finally, you have to demonstrate that you suffered damages because of your accident. In some cases, defendants will try to argue that plaintiffs’ injuries were not caused by the accident at issue. Various forms of evidence like medical records and expert witness testimony may be used to establish the damages caused by your injury.
Filing Your Case
The next step of your personal injury lawsuit will involve formally filing your claim in court. According to Ark. Code. § 16-56-105, you will generally have three years from the date of your injury to file your case. Noncompliance with this deadline could cause you to miss out on important compensation. If you wait too long to file, then the defendant will likely move to have your case dismissed.
Furthermore, in addition to filing on time, there are multiple other requirements that should be satisfied when bringing your personal injury lawsuit to court. You must ensure that you file your case in the correct jurisdiction, pay any necessary filing costs, attach required supporting documents, serve all defendants, and avoid filing an incomplete claim. Failure to adhere to any of these conditions could mean you have to re-file your lawsuit. Therefore, you should try to bring your case to court as soon as possible. By doing so, you will have time to file again if necessary.
Negotiating with Defendants
Typically, defendants will attempt to settle personal injury claims before going to trial. If you accept a settlement offer, then the defendant in your case will pay a certain amount of damages to you in exchange for your claim being voluntarily dismissed.
There are advantages to reaching a settlement agreement before trial. For example, by settling early, you may save on expenses like administrative costs and expert witness fees. Furthermore, by settling early, you may receive monetary damages sooner.
Unfortunately, defendants regularly present settlement offers that do not reflect the true value of plaintiffs’ claims. Experienced legal representation can be highly valuable when negotiating for a fair offer. However, if an adequate settlement offer is not presented, you will have to go to trial to recover the full extent of payment you deserve.
Presenting Your Case at Trial
Finally, you may have to go to trial to recover fair compensation for your injury. At trial, you must present evidence that supports the key elements of your case and prove that it is more likely than not that your claim is true.
How Much is Your Personal Injury Claim Worth in Huntsville, AR?
There are a multitude of factors that may be analyzed when determining what your personal injury claim is worth. There are several forms of damages that may be compensated for. First, you may pursue payment for a wide range of economic losses stemming from your injury. Compensation for medical bills, lost wages, property damage, and other out-of-pocket expenses can be sought. These damages can usually be established using receipts and other financial records.
Furthermore, you may be awarded payment for non-economic damages like pain and suffering. However, these damages may be slightly harder to prove. You will likely have to produce expert witness testimony that establishes the value of these damages in your case.
What if You Share Fault for Your Personal Injury in Huntsville, AR?
If you share some of the blame for your personal injury, you can still recover payment for the harm you endured. However, the amount of compensation you are awarded can be limited.
Arkansas courts will follow rules of “modified comparative fault” when assigning damages for personal injury cases. This means that payment is apportioned based on parties’ percentages of fault. For instance, if you are 30% responsible for a harmful accident while the defendant is 70% at fault, then the defendant will be ordered to pay for 70% of damages related to the accident while you have to account for the remaining 30%.
However, if you are considered to be over 50% liable for your accident, then you will be unable to recover damages through a personal injury claim.
Personal Injury Victims in Huntsville, AR Can Call Our Lawyers for Assistance
Get help from our experienced personal injury attorneys by calling (479) 316-0438 for a free case review.