Personal Injury Attorneys Working Hard to Fight For You in Jonesboro
“Accidents happen” is a phrase all too common for most of us. It is sometimes coupled with a shrug or a laugh. If you are a victim of an accident that left you with injuries, this phrase may not look the same to you as it once did. Accidents do happen and are very common. It isn’t something most of us plan for, however, so we aren’t necessarily prepared should we have an injury that can lead to loss of income and other issues.
At OMG Law Firm, we have several years of experience in dealing with personal injury claims. Let us help you navigate the aftermath and work towards getting a plan in place so you can heal from your injuries and get back to your life as quickly as possible. Contact our Jonesboro, AR offices today at 870-568-3870 to get started.
What Types of Cases Qualify as Personal Injury?
Some of the most common personal injury cases are related to car accidents, but this isn’t always the case. There are several other categories that personal injury can pertain to, like distracted driving accidents (caused by texting or talking on the phone while driving), truck or motorcycle accidents, as well as negligence or abuse in a nursing home, dog bites, and more. Wrongful death is another topic, where if a party is proven negligent and it resulted in a death, there can be compensation awarded to the family of the deceased.
What Types of Damages Exist in Arkansas Personal Injury Cases?
There are three types of damages that the state recognizes in the event of an accident.
Economic damages can include things like medical bills, loss of income due to the accident, costs to repair or replace personal property, and other monetary concerns.
Non-Economic damages refer to things like pain and suffering, loss of companionship or familial relationship, mental anguish, and other non-monetary areas.
Punitive damages are what courts will award to punish a party that is at fault for their actions in the accident. Punitive damages are partly in place to inhibit willful negligence or intentionally harmful actions from happening.
Can I still Get Compensation If I’m Partially At Fault?
There is a modified comparative fault rule that some states follow, and Arkansas is one of them. What this can mean for you is that if you are involved in a case where compensation is awarded but you are found at partial fault (as a percentage), then the total compensation awarded to you would be reduced by that determined percentage. So, for example, if there is $10,000 awarded as compensation and the courts found that you were partially at fault at 30%, you would be entitled to $7,000 of the total damages.
What Needs To Be Proven To Establish Liability?
There are a few items that need to be proven to establish liability in a personal injury case. It must be proven that the plaintiff has suffered damages that they can provide evidence for through medical bills, documentation of lost wages, or other proven monetary losses/expenses. It must also be proven that the defendant owed a duty to the plaintiff, that they breached their duty, and by doing so, caused injuries or other losses to the plaintiff. It also must be proven that the defendant’s behavior during the accident (whether action or inaction) was the cause for harm and that the defendant reasonably knew that their actions could result in injury to others.
Your personal injury attorney will work with you to review each of these aspects, and if it is found that they are all present, they will likely help you to pursue compensation.
How Long Do I Have to File?
The statute of limitations on personal injury cases in Arkansas is three years from when the injury was discovered. In some cases, the injuries take time to present or become troublesome. The date of the injury rather than the date of the incident is what is important, as you are given three years from the date of injury to file a case.
Is There a Maximum Dollar Amount of Compensation in Arkansas?
Many states have a cap on the maximum amount of compensation that can be awarded in personal injury cases. Arkansas doesn’t have caps on economic or non-economic damages, but there is a cap on punitive damages. Punitive damages are capped at $250,000 or three times the number of compensatory damages, whichever is greater, but not to exceed $1 million.
How Long Does a Personal Injury Case Take?
This is one of the main questions we get in regards to personal injury cases, and unfortunately, it’s also one of the tougher ones to answer. The short answer is about 1-3 years. Each situation brings a unique set of circumstances to the table, so it is difficult to give a black and white answer to the length of time each case will take.
Generally speaking, during the first year, a client will reach out to an attorney and begin to build their case through discovery which can take a considerable amount of time depending on the elements involved in the case. Investigations will occur, documents will be gathered, and this time can add up.
There may also be an attempt to settle out of court through mediation or other means, which can shorten the process. If a hearing is necessary, this can mean adding another year or more onto the length as the defense may appeal, making the time between filing a suit and the verdict more like 2-3 years.
Contact our Jonesboro, AR offices today at 870-568-3870 you are satisfied with moving forward, and we look forward to your call.