Mansfield, AR Personal Injury Lawyer
Although personal injuries are common in Mansfield, many victims are unsure whether they should file a lawsuit. While it can seem overwhelming, our attorneys can alleviate your stress by addressing the issues in your case.
The most pressing concern is how long you have to file your lawsuit. Our team will quickly determine the time limit in your case and gather evidence so we can file it as soon as possible. We will continue collecting evidence throughout the process, allowing us to accurately assess your damages and determine specifically how the defendant caused your injuries. We will keep you informed of every development in your claim and review settlement offers to confirm they cover your damages. If they do not, our team will have your lawsuit ready to be argued in court.
For a free case assessment with our personal injury attorneys, contact us today at (479) 316-0438.
How Our Mansfield, AR Personal Injury Lawyers Will Address the Issues in Your Claim
Personal injury victims often have numerous concerns about filing a lawsuit in Mansfield. Some are unsure if they have a valid claim or do not know where to begin proving fault. Many will worry about how to assess their damages and whether they are settling their case for the right amount of compensation. Our personal injury lawyers can help put these fears to rest by reviewing your case and explaining how we will pursue compensation on your behalf. We will be able to gather evidence that would be difficult to get on your own and negotiate a settlement that covers your losses while you rest and recover from your injuries in Mansfield.
Assessing Your Claim and Filing It
Filing a lawsuit is a big step, so it is natural to be a little apprehensive, considering the work involved. However, you should not let that stop you from pursuing your claim. if another person caused your injuries, you very likely have a viable claim.
At our first meeting, we will discuss the accident you were injured in to determine the facts of your case. By obtaining the basic facts, we can determine what went wrong in the incident and which parties are responsible. In many cases, victims will have a good idea of who injured them.
For example, if you were injured by another driver when they ran a red light, it will be quite clear what caused your injuries. However, negligence is not always obvious, and you might not even discover the injuries until later. If you were the victim of malpractice, we would likely need to investigate further to determine exactly how the malpractice was caused and which healthcare providers are implicated in it. Perhaps you slipped and fell in a restaurant. Our team might discover multiple parties were responsible for the safety of the property and can be sued.
Another determination we will make when we first meet is how long you have to file your lawsuit in Mansfield. For most personal injury claims, Ark. Code. § 16-56-105 gives victims three years from the accident date to file their claims. However, you will only have two years to make your claim if medical malpractice was the cause of your injuries, according to § 16-114-203(a).
Of course, we highly recommend that you initiate your case as soon as your injuries allow so the “statute of limitations” will not be an issue. If you file after this, you will be barred from recovering damages. Still, we can see if an exception to this rule applies to your situation if the filing deadline is about to pass.
Determining the Lenth of Your Claim
While personal injuries are common, every case is distinctive, so how long yours will take to conclude will often depend on several variables. Typically, the most controlling factor will be the severity of your injuries. If you suffered serious personal injuries, you will likely need considerable medical treatment, which can take months before an accurate assessment of your damages can be done.
The length of the case will also depend on the defendant’s attitude. If they refuse to take responsibility or their attorneys push back on our demands, it can draw out negotiations and lead to having the case tried by the court.
Gathering Evidence of Your Injuries and Accident
Gathering evidence is a pivotal issue in any personal injury claim. Without evidence of your injuries or the accident actually happening, you will be hard-pressed to recover the damages you suffered. Evidence will often come from many different sources, even for more straightforward claims.
We will usually start building your case by collecting your medical records. This often serves as the bulk of the evidence in a case since your medical records show the types of injuries you suffered and link those injuries with your current accident. Getting medical treatment quickly after your accident is essential. You can be sure that insurance companies and defense attorneys will be comparing the date of your accident with the date you first received treatment.
We will then gather evidence to fill in the rest of the blanks in your case. We can use police reports, eyewitness testimony, and even surveillance footage if we can get it to establish your damages and the defendant’s liability. During litigation, the defendant will also be required to turn over any relevant evidence in their possession to our team.
Assessing the Value of Your Damages
Once we have collected the evidence in your case, we can do a thorough assessment of your damages. As we obtain medical records, we will also organize the bills to estimate your economic damages accurately. We will also determine how much income you lost if your injuries kept you out of work. You might also have property damage that needs to be included in the final calculation. If it is clear you will incur future medical costs or lose earning capacity in your professional life, experts can help us derive a number of your future losses, allowing you to settle your claim without having to wait until you are fully healed.
By having an accurate sum of your economic damages, we can better assess your non-economic damages. Most injury victims have pain and suffering even after making a full recovery. If your injuries cause humiliation or you have lingering anxiety following the accident, we will make sure those damages are included in the value of your claim.
When the process goes well, a case will settle before going to trial. However, if your offer does not cover all your damages, we will take your claim before the court.
Our Mansfield, AR Personal Injury Lawyers Are Here to Fight for You
Call us at (479) 316-0438 to speak with our personal injury lawyers and receive your free case review.