Barling, AR Personal Injury Lawyer

Few things are more challenging than putting your life back together after being injured by someone else. When this happens to you, our attorneys can help you get back on track by filing a claim for compensation.

It is always best to start your lawsuit as soon as possible since we will need to address several issues to win your case. One critical issue to any injury claim is determining how long you have to file, which is one of the first issues our team will help you overcome. In most cases, we can file the claim long before the deadline approaches. However, if you need more time or did not discover your injuries until just recently, we can argue that it is only fair that you be given more time to file your lawsuit. Our attorneys will also meet claims you contributed to your accident head-on, fighting it with the evidence we gather. Even if you were partially negligent, we can usually recover the damages the defendant specifically caused.

For a free case review with our personal injury lawyers, contact us at (479) 316-0438.

Common Issues in Barling, AR Personal Injury Lawsuits We Can Help Overcome

Unlike what is depicted in movies and TV, most personal injury lawsuits do not end in a dramatic climax in the courtroom. They are a process where common issues in any claim must be dealt with in a specific timeframe. Lawsuits must be filed within a specific amount of time, and evidence needs to be gathered to prove various elements of the case. Fortunately, our personal injury attorneys can overcome these issues and any other complexities that might arise in your claim. We can also assess whether your own negligence contributed to the accident and how it might impact settlement negotiations.

Filing Before the Statute of Limitations Runs

When our team meets with you and reviews your case, our first priority is determining how long you have to file a lawsuit. When another person injures you, the statute of limitations—the clock on your time to file a claim—begins counting down from that date. In Barling, you have three years from the date you are injured to file your lawsuit, according to Ark. Code. § 16-56-105.

If you contacted our lawyers soon after your accident, the deadline should not present too much of a problem. We can usually obtain enough relevant evidence, including police reports and medical records, to file the complaint well before the statute of limitations runs. We can gather the rest of the evidence in your case after the lawsuit is filed and the statute of limitations is no longer an issue.

However, your case could run into trouble if you wait too long to initiate it. Not all personal injury claims have the same filing deadline. For instance, victims of medical malpractice only have two years to file a lawsuit, as per § 16-114-203(a). This is very little time to prepare one of the more complex types of cases in personal injury law.

Identifying Exceptions to the Statute of Limitations

Fortunately, there are exceptions to the general rule, potentially giving you more time to file your claim. The most common exception is for child personal injury victims. Minors cannot file since they are not legal adults, so the statute of limitations on their claim would not begin to run until the victim turns 21. § 16-56-116(a) provides three years from their 21st birthday for victims to sue.

This exception also applies to those “insane” at the time of the accident. However, this outdated term does not imply its common meaning. It actually refers to mental or physical disabilities that prevent a victim from understanding and exercising their legal rights. Once a person’s disability is removed, they must file their claim within three years from that date.

Barling is not too far from the Oklahoma border, so it is possible that the person who injured you does not reside in the state. If a defendant tries to escape justice by leaving this jurisdiction, that time will not be held against you, according to § 16-56-120. In fact, they do not have to completely leave Arkansas to apply this exception. You will also have more time to file if the defendant conceals themselves in such a way that you cannot serve your lawsuit on them.

The statute of limitations will also be “tolled” if you cannot reasonably discover your injuries in time to file your claim. This typically occurs in medical malpractice cases where you might not be aware of how your doctor was negligent until the problem manifests itself or another healthcare provider correctly diagnoses you. Considering that you have less time to file medical malpractice claims in Barling, this exception could give you a much-needed lifeline to recover the compensation you deserve.

Assessing Comparative Negligence

In almost every personal injury claim, it is important not to shy away from analyzing any conduct on your part that could be considered negligent. The defendant’s attorneys and insurance company will certainly be looking for a way to lower your settlement. By assessing your own actions before negotiating a settlement, we can anticipate the other side’s arguments and how to fight them.

However, you should not let your negligence stop you from filing a lawsuit. Even plaintiffs who acted negligently can recover compensation under Arkansas’s “modified comparative negligence” rule. According to § 16-64-122(b)(1), victims can still recover damages if their level of fault is of a lesser degree than the person they are claiming damages from. If the victim’s degree of fault is less than the defendant’s, they will get compensation but diminished in proportion to the degree of fault.

Victims will only be denied compensation if their share of fault is equal to or greater than the other party’s, as per § 16-64-122(b)(2).

Negotiating a Settlement or Going to Trial

Most lawsuits in Barling end in a settlement after negotiations. In many cases, the first offer tends to be low, as the other side is attempting to determine what you will be willing to take. When our team gets a settlement offer, we will discuss how it covers your damages and whether it is worth accepting. If you find the number unsatisfactory, we can send a counteroffer.

This process often involves back-and-forth between our attorneys and the defendant’s attorneys until we arrive at an amount that both sides agree on. When it becomes clear to a defense attorney or insurance company that you will not settle for less than what you deserve, most of them will want to avoid the additional costs of a trial. However, you know your circumstances best, so the final decision to settle or go to trial will be yours.

Contact Our Barling, AR Personal Injury Lawyers to Get the Help You Need Today

Call us at (479) 316-0438 to speak with our personal injury attorneys and get your free case review today.