Filing a personal injury (PI) lawsuit can be daunting, particularly if you’re unacquainted with the legal requirements.
However, it’s your best option if you’ve been harmed in a collision due to other’s carelessness. This way, you can collect compensation for your medical bills, lost wages, and other damages. Nonetheless, the legal process can be challenging, especially in Little Rock, Arkansas (AR), as specific laws and regulations govern personal injury cases.
According to City-Data, Little Rock saw 40 fatal car accidents in 2020, compared to 31 in 2021. Moreover, in 2020, 21 pedestrians were involved in these accidents, and casualties were the highest at 43. Similarly, in 2021, the fatalities dropped to 31, and so did the number of involved pedestrians (15). By August 2022, there were 22 car accident casualties, including 11 pedestrians.
These statistics highlight the importance of understanding local laws and seeking proper legal advice if involved in an accident. This blog post will provide essential information you should consider before filing a personal injury lawsuit in Little Rock, AR.
Understanding Personal Injury Law in Arkansas
Personal injury (PI) law covers various situations: car accidents, slips and falls at stores, medical malpractice, and more. Each type of case has its set of rules and requirements. Knowing these specifics can help you understand what to expect and how to prepare.
Statute of Limitations
In Arkansas, you have limited time to file a PI lawsuit. This is called the statute of limitations. For most PI claims, it is three years from the date of the accident. Moreover, the state also adheres to the discovery rule.
Failure to meet this limitation means you lose your right to sue, so act promptly. Exceptions to the statute of limitations may be allowed in special situations, such as cases concerning juveniles, fraud, or concealment.
Comparative Fault Rules in Arkansas
The state of Arkansas operates under a modified comparative fault rule. It means your compensation can be based on the extent of your wrongdoing.
For example, if you were 10% to blame, your compensation would be lowered by 10%. Similarly, you won’t receive compensation if you are more than or equal to 50% at fault. Understanding this topic is vital, as it can make your case.
Collecting Evidence and Preparing Your Case
After an accident, every detail matters. Take photos and videos of the scene, get witnesses’ contact information, and keep track of your medical treatment and expenses.
These facts will be invaluable in proving your case. Sometimes, accidents are complex. Partnering with a personal injury lawyer could tilt the decision of your claim in your favor. A Little Rock car accident lawyer will know the Arkansas law and the local court system.
Keith Law Group believes a PI lawyer can walk you through the process, help collect evidence, and settle with insurance companies. Moreover, legal support relieves stress and maximizes your odds of a desired outcome.
What to Expect During the Legal Procedure
The process for personal injury cases consists of multiple phases:
- Filing the Complaint: This document outlines your case and is submitted to the court.
- Discovery: Both sides gather evidence and interrogate witnesses.
- Mediation: An external third party helps both sides settle.
- Trial: If mediation proves unsuccessful, the battle goes to court.
Understanding these procedures can help you know what to expect and how to prepare.
Evaluating Your Damages
Your injuries may cost more than you think. Damages in such cases can be economic or non-economic.
Economic damages cover medical fees and lost earnings. Non-economic damages cover emotional distress. Various parameters, such as the nature of your injury and its impact on your life, influence the amount of compensation.
Arkansas law allows you to seek compensation for all these damages. However, it’s important to understand how Arkansas calculates these amounts, as there might be limits on certain types of compensation. A qualified lawyer can help evaluate and prove these damages.
Common Mistakes to Avoid
To strengthen your case, avoid these common mistakes:
- Not seeking emergency medical treatment: Even if you seem fine, get examined by a doctor. Some injuries aren’t immediately apparent.
- Giving recorded statements to insurance companies Without Legal Advice: Insurance companies may use your words against you.
- Sharing the accident on social media: Anything you post will be considered evidence in your case.
Being mindful of these downsides can help protect your rights and improve your odds of success.
Choosing the Best PI Attorney
A competent lawyer can be a massive asset to your case. Look for someone with a solid background in PI law, a strong track record in Arkansas, and clear communication skills.
Additionally, look for a lawyer who specializes in the type of accident you had, whether it’s a car crash, a slip, and fall, or something else. During your free consultation, evaluate the attorney’s communication skills, responsiveness, and ability to explain the legal process.
Frequently Asked Questions
Q1. How Long Does a Personal Injury Lawsuit Take in Little Rock?
The duration can vary. It can take a few months for simple cases and well over a year for complex ones involving trials. Factors like the severity of your injuries and the intent of both sides to negotiate can also affect the timeline.
Q2. Can I File a Personal Injury Lawsuit Without a Lawyer in Arkansas?
Yes, you can, but it’s not advisable. PI law is complex. A skilled lawyer can help facilitate the process, collect evidence, and obtain a fair settlement.
Q3. Can I File a Personal Injury Lawsuit for Emotional Distress?
Yes, emotional distress, such as anxiety, depression, or PTSD resulting from the accident, falls under non-economic damages in Arkansas. However, you must provide evidence of distress, such as medical records or therapist’s notes.
In conclusion, filing a lawsuit in Little Rock, AR, can be intimidating. Understanding your rights, gathering strong evidence, and finding legal counsel is key to a favorable resolution.
These details will help you make smart decisions and reach the desired outcome for your case. Remember to seek professional help early to get the compensation you deserve.
