Russellville, AR Personal Injury Lawyer
Getting injured is never part of anyone’s plan. Most of the time, even during accidents, people either are not injured or their injuries are minor and unobtrusive. However, sometimes people get serious injuries from accidents that require medical attention.
You should not have to deal with costly medical bills and a long recovery period because someone else was negligent. If you got hurt near Russellville, you can likely file a lawsuit against the party responsible for your injuries. Personal injury claims can be filed for various incidents, including car accidents, motorcycle accidents, truck accidents, and slip and fall accidents, among others. To find success in your case you will need evidence, which is why our attorneys encourage victims to begin the investigation process immediately after an accident in Russellville.
Call our Russellville, AR personal injury lawyers at (479) 316-0438 for a free case review.
Should I File a Personal Injury Lawsuit in Russellville, AR?
After an accident, you may wonder whether it is worth filing a personal injury lawsuit at all for your injuries. In short, if you have incurred damages due to another person’s negligence, filing a lawsuit may be prudent.
In almost all states, you need to prove that the accident is the defendant’s fault before their insurance will compensate you for your injuries. If you do not take legal action, there is a chance you could have to pay for your medical treatment yourself, which could lead to your own insurance costs going up or other financial stress.
Victims may be unsure whether or not to file personal injury claims because of who the negligent party is. For example, you might feel uncomfortable pursuing litigation if you tripped and fell on a neighbor’s property due to their negligence. Or, if you were injured because of a defective product, you might think that there is no use going up against a powerful product manufacturer. In reality, you have the right to compensation for any injuries caused by negligence. While filing a lawsuit might seem like a challenging and daunting process, our personal injury lawyers can walk you through it so you know what to expect and feel comfortable recovering the compensation you deserve in Russellville.
Common Reasons for Personal Injury Lawsuits in Russellville, AR
Injuries can result from all sorts of accidents in Russellville. While it might seem unimportant how you got injured in comparison to the extent of your injuries, that could not be further from the truth. The kind of accident you were in is going to inform how our personal injury lawyers build your case. Different circumstances require different legal strategies to be successful in court.
Car Accidents
Car accidents are a common cause of injuries around Russellville. Car accidents can result in serious injuries, ranging from broken bones to bruises to brain injuries like concussions.
Sometimes, it can take a while after a car accident for a victim’s injuries to appear. For example, whiplash is an injury to the neck and shoulder area caused by a hard impact. It might take a few days or even a week for whiplash to manifest after a car accident. If you were in a motor vehicle accident and felt discomfort after a couple of days, you should get medical attention right away. It is best to go from the accident site directly to the hospital. That way, doctors can fully assess you and diagnose injuries you might not have recognized yourself. The sooner you seek medical attention after any type of accident, the more convincing your medical evidence may be.
Truck Accidents
Truck accidents can be incredibly devastating because of the potential damage big-rig vehicles can cause in accidents involving passenger cars. They almost invariably result in life-altering injuries for drivers of other motor vehicles. Moreover, truck accidents are capable of injuring multiple people in different vehicles because large trucks are likely to hit multiple cars.
In a truck accident lawsuit, the driver might not be the only party you are able to sue. If their employer negligently hired the driver or the driver was negligent while on the job, the driver’s employer is likely liable for the driver’s conduct that led to your injuries. The only requirements are that the truck driver was an employee of the company you are suing and was doing something related to their job when they injured you. For example, if a truck driver injures you while delivering a package, that makes their employer liable. However, a truck driver going to their friend’s house does not make their employer liable because going to a friend’s house is not related to the truck driver’s job. Furthermore, if the truck driver was operating as an independent contractor, you may be unable to sue the trucking company, even if the truck driver was working at the time of the accident in Russellville.
Motorcycle Accidents
Even with excellent protective equipment, serious injuries like brain damage and bruising can happen in a motorcycle accident. The fact that riding a motorcycle, even with protective gear, leaves you more vulnerable to injury than the driver of a car does not mean that you cannot sue for motorcycle accident-related injuries in court. After all, pedestrians can sue for injuries in motor vehicle accidents, and they are even less protected than motorcycle riders. Many motorcycle accidents that superficially appear to be the motorcyclist’s fault are, in fact, caused by other factors. For example, aggressive drivers could compel a motorcyclist to take evasive action and crash as a result. Often, car and truck drivers pay little to no mind to motorcyclists on the road, leading to accidents.
Manufacturing problems with a motorcycle could also lead to a motorcycle accident through no fault of the motorcyclist. For example, if the tires were made of substandard materials and popped or the brakes were improperly installed, the motorcyclist can sue the manufacturer of those parts for their injuries.
In Arkansas, anyone under the age of 21 must wear a motorcycle helmet. Those older than 21 do not legally have to wear a motorcycle helmet. That said, failing to wear a helmet might lead to more serious injuries in a crash, such as traumatic brain injuries. Furthermore, if you are legally required to wear a helmet and fail to, and your injuries were more severe because you did not have on a helmet, Arkansas’s comparative fault laws might apply to your case, reducing your awarded damages.
Slip and Fall Accidents
Despite many people’s initial impressions, a slip and fall can seriously injure you. If you fall and land on an arm or leg in a way that the limb is not supposed to bend, you could suffer a serious fracture. Compound fractures, where the bone pierces the skin, often require surgery before being put in a cast to heal. Additionally, landing on the wrong part of your body in a slip and fall can cause nerve damage. You could lose partial or full range of motion in a body part from slipping and falling down.
Common causes of slip and fall accidents include unattended wet floors, rickety stairs, poorly lit stairwells, or uneven, cracked sidewalks.
Because slip and fall accidents fall under premises liability law, you can sue the property owner whose negligence led to your injuries. For example, if you tripped over uneven floors in a store and there was nothing to indicate the danger, you might be able to sue the store owner. The same can be said for slip and fall accidents that occur in homes or other properties of others.
Medical Malpractice
A medical malpractice claim is a more particular type of personal injury lawsuit. In a medical malpractice lawsuit, the victim alleges that a medical professional’s negligent conduct caused their injuries. This could be because of a botched surgery, an incorrect prescription, misdiagnosis, or another injury related to negligent medical treatment. These cases often require topical knowledge and medical understanding from witnesses, experts, and attorneys.
An important part of a medical malpractice lawsuit is retaining an expert to testify on what the expected standard of medical care is for the conduct in your case. While credible expert testimony from a doctor with relevant experience and training is important to many kinds of lawsuits, it is especially important in medical malpractice cases in Russellville. Medical malpractice lawsuits are complex and specialized. Discuss your case with our lawyers to determine the best next steps to take for your situation.
Evidence Used in Russellville, AR Personal Injury Claims
There is a wide variety of evidence used in personal injury claims in Russellville. This includes photographs, witness statements, medical records, and surveillance footage. Because some evidence might become harder to obtain the longer a victim waits to investigate an incident, it is important to be proactive and begin the process of collecting evidence as soon as possible.
Photographs
There are several things victims should photograph following an accident that causes them injury in Russellville. The first is their injuries. Take pictures of your immediate injuries at the scene. This can help prove that you sustained your specific injuries during the accident in question and not because of some other incident.
If you can, photograph the cause of your injuries. This might be the negligent driver’s car in relation to your vehicle or a poorly lit stairwell. Photographing the accident scene can give our lawyers a clearer idea of the circumstances of the incident.
If you were unable to take pictures yourself, it is possible that eyewitnesses or first responders did so. We can get in touch with individuals who were present during or after your accident to obtain possible photos to be used in your claim in Russellville.
Witness Statements
Witness statements are often essential for personal injury claims in Russellville. Victims should talk to eyewitnesses after being injured. Get their names and phone numbers and give that information to our attorneys. We can contact eyewitnesses to obtain their statements.
Statements from other witnesses, such as expert witnesses, can also be valuable to personal injury claims. Expert witnesses can provide a better explanation of a victim’s physical injuries or apply their expertise to a case, strengthening a victim’s claim.
Medical Records
In a personal injury lawsuit, a victim’s medical records are of the utmost importance. Medical records will establish your injuries and required treatment. Because of that, begin cultivating medical evidence immediately after an incident takes place. Heed the advice and instructions of the medical professionals treating you. This means getting all the necessary treatment for your injuries, including any surgeries or physical therapy. Keep all appointments with specialists as you heal. If you have gaps in your medical treatment, there might be room for a defendant to undermine your claim.
Surveillance Footage
Sometimes, video footage of an accident is available. Because video footage might be destroyed or deleted, it is important to obtain it as soon as possible after an accident takes place. If you were injured on the defendant’s property, our attorneys can subpoena video footage from their surveillance cameras or obtain it using other methods. We can also speak to local homeowners or business owners to see if they might have surveillance cameras that could have filmed your accident. Depending on what the footage shows, surveillance footage can be compelling evidence of a defendant’s negligence, allowing you to meet the burden of proof and recover the compensatory damages you deserve in Russellville.
Call Our Russellville Personal Injury Attorneys for Help
Our personal injury lawyers are ready to talk about your case when you call (479) 316-0438.