Being the victim of a serious car accident can have a substantial impact on your life. For one, you may have to contend with excessive medical bills for medical treatment you needed after the accident. Additionally, you may be unable to return to work for a lengthy period of time, which may make it difficult to handle your living expenses. If you need legal assistance holding a negligent driver accountable for their actions, contact an experienced Greenland car accident lawyer today.
The Kieklak Law Firm is here to help you file a personal injury claim against the driver that caused your injuries. We understand the negative impact that a serious car accident could have on your life, and we are here to stand with you. To schedule a free legal consultation to discuss your claim, contact the Kieklak Law Firm at (479) 316-0438, or contact us online.
What to Do After a Car Accident in Greenland, Arkansas
If you are the victim of a car accident in Greenland, AR, you deserve to be compensated for your injuries and damage to your vehicle caused by a negligent driver. While a serious car crash can be traumatizing for everyone involved in the accident, it is important to gather evidence to assist a personal injury claim in the near future. The following is a list of actions to take if you are involved in a car accident.
Contact Law Enforcement and Emergency Services
The first action you should take after a Greenland car accident is to contact law enforcement and emergency services for yourself and any person that was injured due to the accident. Even if you believe that you only sustained a mild injury, you should receive medical attention to ensure that your injury was not more extensive. It is possible that you sustained an injury that will become aggravated as time passes.
Understanding the extent of your injuries is important as it could help you calculate the amount of damages you should request from the defendant. If you are incorrect about the severity of your injuries, you could request damages that may not cover your medical bills and other related expenses that may arise at a later time.
As law enforcement arrives to investigate the scene, you should request a copy of the police report once their investigation is concluded. While you may be unable to utilize a police report in your personal injury lawsuit, your insurance company may use the report to help determine liability for the accident.
Exchange Information with the Negligent Driver
If a driver is responsible for a car accident, they are legally required to share their information with the motorist or another party they struck. You should be sure to request the negligent driver’s name, license, address, contact information, and their insurance company. Additionally, document the type of vehicle the negligent motorist was driving and their license plate.
If you were hit by a commercial vehicle like an 18-wheeler, you should be sure to request the name of the employer that the driver works for. When a commercial vehicle accident occurs, the driver of the vehicle, and the driver’s employer may be held liable for the accident.
Document the Scene of the Accident
It is important to gather evidence regarding the accident that will likely be needed if you file a personal injury lawsuit. The following is a list of actions you should take to document the scene of the car accident thoroughly:
- Take photographs of your injuries and any injuries sustained by passengers in your vehicle
- Take photos of the damage to your vehicle and the damage to other vehicles involved in the accident
- Note any weather conditions that may have contributed to the accident like a severe snowstorm
- Document how the accident occurred (like if the other driver crossed the intersection during a red light)
Additionally, you should speak to any people that may have witnessed the accident. If these witnesses are willing to provide you with a statement, you should request their contact information.
Contact Your Insurance Company
Your insurance company should be informed about the accident as soon as possible. Be sure to provide the insurance company representative with all the details of how the accident occurred and the information you received from the negligent driver.
If you were contacted by a representative from the other driver’s insurance, you should avoid speaking at length with this representative without an attorney. The insurance claim adjuster will ask questions in an attempt to diminish your claim to avoid reimbursing you for any damages. For example, the insurance claim adjuster may insinuate that you were partly negligent for the accident and attempt to get to you to admit fault for the crash. Our firm can guide you through interactions with an insurance company or speak on your behalf.
Reasons to Hire a Greenland, AR Car Accident Lawyer
There are several reasons why you should consider hiring a Greenland car accident lawyer to handle your case. One of the main reasons to hire an experienced car accident lawyer is that they will understand the details of your specific case. Our firm will understand the local laws that apply to your case, and we have years of experience in litigating these types of cases.
You should also consider working with a car accident lawyer for the following reasons:
- Experience with Greenland court system
- The attorney will understand the value of your case
- The attorney has the time to deal with a lengthy
This is not an exhaustive list. We welcome the opportunity to speak with you about your case.
When to File Your Car Accident Lawsuit in Greenland, AR
Victims of a car accident should be aware that they only have a limited amount of time to pursue a lawsuit against the negligent motorist that caused the crash. A potential plaintiff should look to file their lawsuit as soon as possible in order to avoid the filing deadline set by the statute of limitations.
The statute of limitations places an often strict time limit on how long a potential plaintiff has to file a case with a court of law. The deadline imposed by the statute of limitations varies depending on the type of case that a victim wishes to file and the circumstances of the victim’s case. For example, car accident lawsuits may have a different deadline than product liability claims. Additionally, each state does not have uniform filing deadlines, so you should avoid assuming the filing date for a particular case.
If you are filing a car accident lawsuit in Arkansas, you will have three years from the date of the accident to file your case with the appropriate court. If you do not file your lawsuit within three years, the court could bar your claim entirely. This will typically happen if the defendant moves to dismiss the lawsuit due to the violation of the statute of limitations.
Missing your filing deadline for your car accident lawsuit is the last scenario you want to occur as a victim. If you are late in filing your case, there is no way to renew the statute of limitations. This means you will be stuck with the bill for vehicle repairs, medical expenses, and any other costs related to your car accident.
If you are unsure about the filing date for your potential car accident lawsuit, you should contact one of our experienced Greenland car accident lawyers today. The Kieklak Law Firm will ensure that your case is timely filed with the court so that you can pursue the damages you deserve for your injuries.
To learn more about pursuing a car accident lawsuit in Greenland, Arkansas, you should continue reading and speak with an experienced Greenland car accident attorney today.
Proving Negligence in a Greenland, Arkansas Car Accident Lawsuit
If you or a family member was injured in a car accident in Greenland, you would have to prove the defendant’s negligence in order to claim damages for your injuries and other losses. As a result, you will need extensive evidence that shows that the defendant’s actions led to your injuries.
There are various pieces of evidence that could be used to help prove negligence in a personal injury lawsuit. For example, if a victim has a witness that could testify that the defendant drove through a red light, this would be valuable evidence. Additionally, pictures of injuries and of the scene of the accident will also be vital in proving your case.
It is also important to note that a plaintiff will have to prove the following four elements if they wish to show how a defendant acted negligently in a car accident case:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care to the plaintiff (e.g., driving excessively over the speed limit)
- The plaintiff was injured as a result of the defendant’s actions
- The plaintiff sustained losses and injuries that could be compensated in a court of law
Damages Available for a Car Accident Lawsuit in Greenland, Arkansas
Once a plaintiff has proven that a defendant has acted negligently and caused the car accident, they could be awarded compensatory damages from the court. Compensatory damages are split into two categories: economic losses and noneconomic losses. An economic loss is one that is tied to a specific financial injury. A noneconomic loss is difficult to calculate because it deals with a number of subjective factors.
The following is a list of compensatory damages that could be awarded for a car accident lawsuit:
- Loss of wages or future loss of wages
- Medical expenses for treatment, surgery, rehabilitation, medication, and other related expenses
- Loss of consortium
- Emotional distress
- Pain and suffering
This is not an exhaustive list. There could be other types of damages that may be awarded depending on the circumstances of the case. For instance, if a defendant intentionally or recklessly caused the injury to a victim, the court may award punitive damages. Punitive damages are awarded as a punishment to the defendant for malicious or grievous acts.
Contact an Experienced Greenland Car Accident Injury Attorney to Handle Your Case
If you or a family member was the victim of a car accident, contact an experienced Greenland personal injury attorney today. Car accident attorney Ken Kieklak possesses over two decades of legal experience, and he would be proud to use that knowledge to provide you with the legal representation that you deserve. To schedule a free consultation to discuss your legal options, contact Fayetteville, AR personal injury attorney Ken Kieklak at (479) 316-0438. You could also contact the firm online to schedule your free legal consultation.