While many of us think that serious personal injuries are something that will happen to someone other than us, the unfortunate fact about life is that a catastrophic injury can happen to anyone. While certain activities and risks can increase the likelihood of such an injury, the simple fact remains that a serious injury can happen to anyone at any time. In many instances, the negligence, carelessness or recklessness of another person can contribute to or cause your injury. When you suffer a serious injury or injuries due to another person’s actions, you should not have to pay for the consequences of another’s actions with your hard-earned money. Rather, you may be entitled to be “made whole” through damages obtained in personal injury lawsuit. Our experienced Bella Vista, AR personal injury lawyers can work with you at each and every step of the litigation process.
An unexpected injury could set a domino effect of negative consequences into motion. Many people are not equipped to deal with substantial medical bills or have enough vacation and sick time to weather months of physical rehabilitation. High bills and lost income could spell “financial crisis.” While you might have insurance, it likely will not fully compensate you for the harm you suffered and the money you lost.
At GDK Law, our team of attorneys and staff are dedicated to helping injured victims fight for the compensation they deserve. Our law firm has the resources and knowledge to litigate your claim in court or negotiate a settlement with an insurance company. To discuss the details of your case, call our law offices at (479) 316-0438.
What Kind of Damages Can Be Available When Suing For a Personal Injury in Bella Vista?
The types and amounts of damages you may be entitled to are dependent upon the injury you suffered, the facts and circumstances surrounding that injury, and the damages you have experienced. Generally speaking, in a viable personal injury action, the main category of available damages are compensatory damages. Compensatory damages are awarded to compensate you for the damages and injury you experienced. These can include:
- Your pain and suffering
- Wages lost due to injury
- Reduced future earning potential because of the injury
- Damage to property
- Hospital bills
- Bill for medical devices
- Physical therapy bills
Depending on the circumstances, other damages may be available. In circumstances where the conduct was intentional or wanton, punitive damages may be imposed.
Is There a Time Limit on Filing My Claim?
Yes, as with nearly all other legal actions there is a prescribed time limit to bring your suit. This is known as a statute of limitations. Statutes of limitations encourage parties to resolve their disputes in a timely manner before memories fade and evidence may be lost or destroyed. In Arkansas, the general rule is that your personal injury claim must be filed within three years of the incident or accident unless an exception applies. If you suspect that you may have a claim, you should not rely on potential exceptions to the rule and should speak with an attorney as soon as possible so that you claim does not become time-barred.
Types of Personal Injury Cases Our Bella Vista, AR Attorneys Handle
Personal injury law encompasses a broad range of cases. Our law offices have been helping residents of Bella Vista and the surrounding areas for over two decades. Every client’s story is different and every case presents its own unique set of challenges. While there are some common factors in most injury claims, the type of case will influence our legal strategy. Below are some of the types of cases our law firm handles.
Automotive Vehicle Accidents
If you have ever been in a car accident, someone has probably suggested talking to a lawyer. This advice is absolutely correct. Injuries in automotive vehicle accidents are often severe – leaving the victim with substantial medical bills and lost time at work. If you were hurt in an accident caused by another person, our Bella Vista personal injury will fight to hold the responsible party liable. Whether you were in a car, truck, bus, or motorcycle accident, our experienced lawyers have the resources to protect your rights. We also handle injury claims for pedestrians who were hit by a car or other vehicle.
Slip and Fall Accidents
There are likely more slip and fall injury claims filed than any other type of personal injury lawsuit. People lose their footing all the time. Sometimes, a fall could result in serious injuries, including concussions or fractures. If you fell because the property owner or manager permitted a dangerous condition to exist or failed to maintain their property, they should be held financially accountable for the harm you suffered.
Medical malpractice claims are often the most difficult and complex personal injury cases. Because a positive outcome is never guaranteed, you need a skilled attorney to prove that the negligence of a medical professional caused your negative result. Medical malpractice is not limited to doctors. Nurses, technicians, radiologists, anesthesiologists, pharmacists, and other healthcare professionals could be held liable if their conduct results in harm, adverse complications, or death.
When you purchase a product, you have a reasonable expectation that it will serve its intended purpose. If it does not work properly, you usually have the option of returning it for a refund. However, some defective products do more than just not work – they cause unexpected injuries. If a product has a design defect, was poorly manufactured, or lacked sufficient warning labels, the manufacturer could be held legally liable if anyone was harmed. In some cases, a product liability claim could be combined with another claim. For example, a defective airbag could contribute to an accident victim’s injuries if a drunk driver struck their vehicle.
The types of cases above have one thing in common – the accident or injury directly resulted from another person or party’s negligent conduct. However, you could have a viable personal injury claim against a person for their intentional actions. If another person physically attacks you, you have every right to pursue criminal charges to have them punished. In addition to criminal charges, you are also permitted to file a personal injury lawsuit against the perpetrator. Because the burden of proof is sufficiently lower in a civil case, you might be able to hold someone financially liable even if they escape conviction.
What Types of Personal Injuries Do You Handle?
Our Bella Vista personal injury lawyers are experienced in handling an array of personal injury cases. We can handle slip and falls, premises liability accidents, car and truck accidents, motorcycle accidents, injuries due to defective products and many other circumstances that caused an injury. Additionally, we can work with you if your personal injury accident produced an injury such as:
- Loss of arm, leg or another limb
- Broken or fractured bones
- Internal injuries from a defective medical device
- Loss of sight or hearing due to injury
- Traumatic brain injury (TBI)
- Neck injury
- Spine injury
- Back injury
- Third-degree burns
- Mistaken amputation of body part or another injury due to a medical mistake
Any of the above injuries can occur in a broad array of circumstances. For example, a falling object from the shelves of a retail store could cause a traumatic brain injury if it strikes a shopper or work in the head. The same falling object could also result in a broken foot if it were to fall differently or if the individual was able to partially avoid the impact.
Should You File a Lawsuit or Settle Your Bella Vista Injury Claim?
Filing a lawsuit might seem like a considerable amount of effort and time. Some accident victims are willing to accept the first settlement offer an insurance company makes because it provides an immediate financial windfall. However, if your injuries are worse than you expected or you are out of work longer than anticipated, you cannot seek additional compensation if you accept a settlement offer. Insurance companies are not working to maximize your claim – they are in the business of reducing their liability and expenses.
However, if you would rather pursue a settlement, you should still have our experienced Bella Vista personal injury lawyers evaluate the value of your case. If you do not know what your claim is worth, you have no way of determining if an offer is adequate. Valuing your claim is only one of the benefits of hiring an attorney. Our office will also handle any communication with the insurance company. Insurance adjusters will come across as friendly, concerned, and helpful. However, they are working to limit their company’s liability. A sympathetic question could be posed to elicit a response that could be used against you. By having one of our skilled lawyers handling the negotiation, you could be assured that you have a knowledgeable professional advocating for your rights.
In some cases, filing a personal injury lawsuit is necessary to get an insurance company to offer a fair settlement. When you file a complaint in court, the insurance company knows you are serious. The outcome of a lawsuit is hard to predict. However, if the evidence is on your side, an insurance company might want to avoid the legal costs involved with a trial and the uncertainty of a jury verdict.
Arkansas Personal Injury Lawyers Handling Your Injury Claims in Bella Vista
For more than 20 years, our Bella Vista personal injury lawyers have fought for hard-working Arkansans injured by another person. If you have been seriously hurt because of another person’s negligence, our team of attorneys can fight to hold them financially responsible for your injuries. To schedule your free and confidential personal injury consultation, call (479) 316-0438 or contact us online.