Morrilton, AR Car Accident Lawyer
Car accidents often leave victims with damages they do not know how to begin to cover their losses. Our attorneys can help you get compensation for your damages in a lawsuit against the other driver.
Starting your case quickly is important to beat the deadline in Morrilton. Our team will gather enough evidence to get your claim filed with the court, and then we can turn toward investigating the claim for a settlement. Many types of evidence can help prove your case. We can get accident reports from the police to assess liability and speak to witnesses to determine if their testimony will support your statements. We can also use any photos or videos you took to argue the severity of the accident and the damage caused.
For a free case review with our car accident lawyers, call us at (479) 316-0438.
Understanding the Filing Deadlines for a Car Accident Lawsuit in Morrilton, AR
You only have so much time after a car accident to file a lawsuit, so understanding how the statute of limitations works in Morrilton is critical. If this rule is violated, you will have no legal means to recover the compensation you will need for your recovery. From the moment you are injured, Ark. Code. § 16-56-105 dictates that you will have three years from that point to file your claim with the court.
That said, our car accident lawyers can help if the deadly is getting close or has already passed. The law recognizes that certain situations prevent victims from exercising their legal rights. For instance, children do not have the capacity to file a lawsuit. If an injured child’s parents do not file on their behalf, they will not have any time counted against them until turning 21, according to § 16-56-116(a). After their 21st birthday, they have three years to file a lawsuit.
This exception also applies to those who are “insane” during the time they should file a lawsuit. The wording in the law is outdated but presently refers to a physical or mental disability that prevents the victim from filing a claim. These individuals have three years to file a claim after the disability is removed.
Some car accident victims cannot file a lawsuit in time because the driver lied about their identity to avoid litigation or fled Morrilton or Arkansas completely. Under § 16-56-120, the time the defendant prevents the victims from filing a claim will not count against the statute of limitations. Never assume these exceptions automatically apply, though. You still want to start your case quickly so you do not run the risk of having your case dismissed.
Gathering Evidence After Filing Your Car Accident Lawsuit in Morrilton, AR
Even before your lawsuit is filed, you might have some evidence. For instance, you might have had the presence of mind to take photos on the scene and keep copies of your hospital records. However, we do not expect accident victims to have all the evidence they need to prove their claims. That is what our team will do after taking your case. We can collect police reports, witness statements, and have experts assess your damages so you prove liability and recover the value of your losses.
Accident Reports
You should always report your accident to the police as soon as you can after it happens. It is important to have local law enforcement investigate the scene and speak to witnesses. If the other driver says something incriminating to the police, it should be in the accident report. We can help you get a copy of the report and use the information in it to help prove liability. The crash report will also have the investigating officer’s observations of the scene and the wreckage, as well as photos if they took them. If witnesses provide statements, we can identify them in the report and contact them after your claim starts.
Keep in mind that police reports cannot be used as evidence during a trial. However, they help lead our team to other types of evidence and are quite useful during insurance negotiations. If liability is clear in the accident report, the insurance company might see it is not worth fighting your case. We can help you get a copy of your report if you are unsure how to obtain one.
Photos and Videos
You can also preserve evidence by taking photos and videos with your phone. Photograph the damage to the vehicles, as this can show the severity of the impact and give an idea of the speeds involved. The placement of the vehicles can also show how the crash happened, so photograph where they came to rest. If you have visible injuries, be sure to photograph those as well before they are treated and bandaged up. If your injuries prevent you from doing this, ask a police officer, paramedic, or witness for help.
Our team will also go out to the scene to investigate. With the low costs of security cameras these days, many residents and businesses have installed some type of surveillance system. If your case gets started soon enough, we might be able to recover some footage of your accident if we can request it before it is erased.
Witness Testimony
Witness testimony can give a case the ammunition it needs to win. Many car crash claims boil down to one driver’s word against the other’s. If there are no other witnesses, we will need other evidence to determine whose version of events is more accurate. If multiple witnesses are describing the same negligence on the other driver’s part, it will help your case settle.
We might also enlist the help of expert witnesses. For instance, a medical expert can testify about serious injuries and their long-term impacts. Occupational experts can assess your lost earning capacity if you are permanently out of work.
Contact Our Morrilton, AR Car Accident Lawyers for Help Getting Compensation Today
Call us at (479) 316-0438 to speak with our car accident attorneys today and get your free case assessment.