Marion County, AR Personal Injury Lawyer

When another person’s negligent act injures you, you can respond by preparing and filing a personal injury lawsuit against them in Marion County.

One of the most important things to understand about personal injury lawsuits is that victims may only file them during the three years following an accident. In addition to preparing a case capable of proving liability, our lawyers can negotiate a fair settlement on your behalf or help you take your lawsuit to trial. Victims can seek compensation after any accident due to negligence, including car accidents and slip and falls, among others. Common injuries due to negligence include brain injuries, fractures, burns, and back injuries, all of which might require considerable medical treatment. Victims’ damages rarely end there, with many also incurring lost wages and intangible losses due to negligence, which are also compensable in personal injury lawsuits.

For a free and confidential case assessment from our personal injury lawyers, call us today at (479) 316-0438.

The Basics of Personal Injury Claims in Marion County, AR

When approaching a personal injury lawsuit, there are a few basic aspects to iron out, such as the statute of limitations and how it applies to your case. Before bringing your case, learning the burden of proof, what it takes to satisfy, and the pros and cons of settling versus going to court is also important.

The Statute of Limitations and Exceptions

Under Ark. Code. § 16-56-105, Arkansas’ statute of limitations for personal injury lawsuits is three years from the accrual date. Generally speaking, the accrual date is the same as the date of injury. However, sometimes, victims might not discover injuries immediately, delaying the accrual date and extending the window to file. There are additional exceptions for those injured under 21 years old, and our personal injury lawyers can confirm if your case qualifies for any tolling exception to the general statute of limitations. If you do not file your lawsuit by the deadline, you will lose your chance to recover damages entirely. Our attorneys can prioritize preparing your case soon after an accident occurs, so there is no risk of missing the statute of limitations.

The Burden of Proof for Lawsuits

When victims file personal injury lawsuits in Marion County, the burden of proof falls on them as plaintiffs. It is the plaintiff’s burden to prove that it is more likely than not that the defendant’s negligence caused their injuries. This requires our lawyers to satisfy four essential elements, starting with the fact that the defendant owed you a duty of care. We can identify the duty present during the accident based on its circumstances. For example, if you were hurt in a car accident, the at-fault driver would have owed you a duty to follow traffic rules.

Next, we must show how the defendant breached their duty of care by being negligent or reckless. In car accidents, drivers might breach their duty by speeding. Property owners might breach their duty in slip and fall accidents by failing to warn visitors of a known hazard, like a loose railing.

The third element is causation, which links the defendant’s actions to the plaintiff’s injuries. Proving negligence without proving causation will not result in compensatory damages for injury victims. Eyewitnesses who testify that they saw the defendant causing the accident and the victim’s immediate injuries can help prove causation.

The final step is proving the victim incurred real damages from the accident. Our lawyers will carefully monitor victims’ medical expenses, missed wages, and other losses while we prepare their claims. Your financial recovery will be based on your exact losses, which is why tracking them closely is vital.

Settling vs. Going to Trial

Whether or not injury claims are settled or go to court is completely case-dependent. Some defendants may respond positively to settlement negotiations, while others might want to proceed with trials instead of offering fair amounts to victims out of court. Knowing your lawsuit’s true value is most important when entering settlement negotiations. You could accept an unfair offer if you underestimate any of your losses. This would end your case, potentially leaving you without enough compensation to cover all losses from an accident, such as future medical expenses.

Settling a case out of court does not guarantee a fast recovery, and going to trial does not guarantee a fair one. Our attorneys can help you determine whether or not to go to court after exhausting all negotiation tactics and assessing if your claim can meet the standard of proof. Strong preparation in the initial stages of building your case can lead to a faster recovery, as our lawyers may have more evidence to leverage over the defendant during settlement negotiations.

Even after a trial begins, the defendant may send further settlement offers, which might be higher than previous proposals.

Filing a Personal Injury Lawsuit for a Car Accident in Marion County, AR

Motor vehicle accidents are some of the most common causes of personal injuries and subsequent lawsuits in Marion County. Victims might suffer severe head injuries, disfiguring facial injuries, and disabling back injuries that leave them in serious need of compensatory damages.

Arkansas is a fault state for car accidents, meaning victims can sue negligent drivers, regardless of the severity of their injuries. However, they must incur damages that warrant compensation, and our lawyers can assess your injuries and losses to determine if you should file a lawsuit.

After an accident, even a minor fender-bender, you should get evaluated by medical professionals. Whiplash is one of the most common car accident injuries, but it is not always immediately obvious after a crash. Victims might feel relieved their injuries are not more severe, causing them to write off discomfort and delay medical attention. Victims’ injuries might worsen if this happens, and holding the negligent driver responsible for all medical damages might be more challenging.

Victims should always report car accidents to law enforcement, no matter how serious property damage or injuries appear. When officers from the Marion County Sheriff’s Office arrive, tell them what happened, that you are hurt, and if you need urgent medical attention from paramedics. Getting the resulting police report in the following days will be important, as our personal injury lawyers may use this report when preparing your case and investigating potential evidence sources, like eyewitnesses.

In addition to seeking compensation for car accidents, victims may also sue after being injured as pedestrians, bicyclists, or motorcyclists in Arkansas.

Determining Liability for Injuries Sustained in Slip and Fall Accidents in Marion County, AR

Property owners, from residential homeowners to business owners, owe visitors a duty of care. This duty involves maintaining a reasonably safe environment, free from hazards that could cause harm.

Slip and falls in commercial establishments, like restaurants, retail shops, malls, movie theaters, and cafes, are typically the owner’s fault. Even if a staff member failed to clean up a spilled drink, making you slip and fall, their boss may be financially liable. Confirming this could maximize your recovery after an accident, which is paramount.

The same logic applies to slip and falls and other accidents due to negligent home ownership. For example, if you visit someone’s home and are hurt because of a hazard on their property, like a poorly secured piece of furniture or uneven flooring, they could be liable for your medical expenses and other damages.

Slip and falls are some of the most common causes of personal injuries in the workplace. Generally speaking, victims who are hurt on the job can only file Workers’ Compensation claims in Arkansas, and our lawyers can help them take the necessary steps to get benefits.

Take pictures before leaving the scene of a slip and fall or other accident on someone else’s property. If you leave without documenting the area, crucial evidence might be lost. Soon after the incident, our lawyers can preserve security camera footage from the at-fault party, which could also be at risk of being destroyed as time passes.

Common Personal Injuries and Their Associated Costs in Marion County, AR

Serious personal injuries from negligence include brain injuries, broken bones, burns, and spinal cord injuries. All of these injuries may require in-depth medical treatment over several months or years and might lead to harmful lost wages for victims. These damages, as well as a victim’s intangible losses, are compensable in Arkansas personal injury lawsuits.

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can be significantly disabling for victims in all areas of their lives. Not only can a TBI affect a victim’s ability to work at the same earning capacity as before, they might have to undergo expensive and arduous treatments. This might include assessments and care from neurologists and physical therapists.

Brain injuries are common during motor vehicle accidents, especially when victims are struck as pedestrians or bicyclists. Wearing a helmet on a bike or motorcycle can reduce the risk of victims sustaining TBIs during accidents but does not completely eliminate it. TBIs are some of the most common birth injuries due to medical malpractice, and parents of affected children may file lawsuits for compensatory damages.

Broken Bones

Sprains and fractures are common during slipping, tripping, falling accidents and car crashes. Victims might sustain broken bones during any falls, no matter the height. Hand and wrist fractures often happen when victims brace themselves for impact with the ground during a falling accident. Broken bones require a variety of treatments, including rest, pain management medications, and physical therapy. These costs can add up quickly, and our lawyers can keep track of all hospital bills you incur throughout your physical recovery.

Burns

Explosions and fires might happen during motor vehicle collisions or construction site accidents, causing serious burn injuries to victims. The emotional distress that often accompanies burn injuries is severe, as victims might be permanently disfigured from an accident. Then, there is the physical pain associated with burns, which is also great. In addition to quantifying your economic damages from personal injuries, our lawyers will also estimate your non-economic damages so that you better understand your deserved recovery before filing.

Similar to burns, road rash is common during car accidents involving pedestrians, motorcyclists, and bicyclists. When struck by moving vehicles, victims might be pushed against the ground, causing their exposed skin to come into contact with the pavement and resulting in road rash.

Spinal Cord Injuries

Spinal cord injuries can be permanently debilitating, leaving some victims paralyzed. Because these injuries are so devastating, they often require emergency surgery and extended hospital stays. Victims may have to relearn how to do daily tasks or go through years-long physical therapy. Spinal cord injury victims are prone to developing depression and experiencing considerable pain and suffering. To prove you deserve non-economic damages, our lawyers can use your medical records to show the severity of your injury. We may also use expert statements, such as from treating physicians and mental health professionals, to underscore your emotional distress since an accident. After suffering spinal cord damage, victims may need care for many years to come, also entitling them to compensation for future medical expenses.

Call Our Marion County, AR Lawyers About Your Injury Case Today

To schedule a free and confidential analysis of your case, call our personal injury lawyers now at (479) 316-0438.