Highfill, AR Personal Injury Lawyer

When another person negligently injures someone, it often results in heavy financial and other losses that the victim should not bear. Fortunately, our lawyers can help you get compensation for the damages the defendant caused.

Our team knows that each case presents its own challenges but can help you preserve the evidence needed to prove the elements of your claim. Some of the evidence will be used to prove the defendant’s liability, while other pieces will prove your damages. You will typically testify to your firsthand account of the accident, including the defendant’s conduct and how the accident and injuries have impacted your life. Witnesses can also testify about the negligence that they saw, if available. Our attorneys will also discuss all the healthcare providers who treated you so that we have a comprehensive and accurate record of your financial losses. If you missed work since your accident, employment records can be obtained to show lost income damages.

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

What You Must Prove to Recover Compensation in a Highfill, AR Personal Injury Lawsuit

Numerous factors, both large and small, must be proved to recover compensation in a lawsuit for personal injuries. While our personal injury attorneys will explain civil law and how it applies to your case in detail when we work with you, what you must prove for your claim to be successful comes down to the defendant’s liability and your damages. By proving liability, you show that the defendant had a duty to use reasonable care and breached it when they caused your accident. Proving damages will show the court that you suffered real and consequential losses as a result of the defendant’s negligence. What evidence you will need to prove each component depends on your type of claim, but our team will know where to find it and gather it for you.

Proof of Liability

Many pieces of evidence can help prove the defendant’s liability, often working together to paint a complete picture of their negligence. For instance, incident and accident reports can explain the event in great detail, provide us with the defendant’s and eyewitnesses’ information, and often include pictures of the scene. If it makes sense to call the police, like after a car accident, you should be sure to do so. Even if your accident is not a police emergency, such as slipping and falling in a store, you should still report it so that our team can get the company incident report and any other communications about the accident.

Witness testimony often has a crucial impact on determining liability. Many victims do not have an opportunity to see exactly how the defendant injured them and cannot provide the details needed to prove the issue. However, eyewitnesses see the accident from a different view and can fill the gaps in your testimony.

We can also use pictures you take while on the scene. For instance, if you slipped in a cold puddle of coffee, a picture can help prove that the defendant let it sit there longer than reasonable.

Proof of Damages

You need proof of your “damages” to get compensation. You will typically generate much of this evidence by the steps you take after the accident, like getting medical treatment. EMS, emergency room, and continued care records will show what you need to pay to treat your injuries immediately and after. If you do not get care or skip appointments, you will not be able to justify your losses even if you do prove the defendant acted negligently.

Employment records also prove damages if you cannot work because of your injuries. For example, pay stubs can be used as proof of the daily wages you would have received had you not been injured. If your injuries reduce your future earning potential, we can use expert reports to prove the professional losses you are likely to sustain.

Damages that Can Be Recovered in a Highfill, AR Personal Injury Lawsuit

If we can trace a financial loss back to the defendant’s negligence, we will include it in your claim. Your economic damages can typically be divided between the financial losses you have now and the damages you will likely sustain in the future.

For example, you will likely already have emergency room and other medical bills by the time you start your claim. Lost wages will also increase if your injuries have kept you from work since the accident. We can assess these costs by collecting and reviewing your medical bills,  insurance records, and out-of-pocket invoices to ensure each expense is accounted for.

However, many personal injury victims have future economic costs that they have not yet paid but will be required to pay as part of their treatment. For instance, your doctor prescribes surgery but schedules it for a year out because you need time to complete physical therapy. In most cases, we will not wait for that time. Instead, we will consult your doctors and other experts to estimate your future expenses accurately and negotiate for them in your settlement, allowing you to get the compensation you need sooner.

The defendant should also compensate you for the pain and suffering you have endured. These damages are non-economic because they do not correspond to out-of-pocket expenses. Instead, they are intended to compensate for the subjective emotional challenges and pain caused by the accident. If your quality of life is noticeably reduced because your injuries prevent you from enjoying prior activities and hobbies, it should be reflected in your compensation. You, family, and friends can testify how the accident has impacted you to prove these damages. It is also a good idea to document your pain and suffering, like noting your daily experiences in a journal.

Reach Out to Our Personal Injury Lawyers in Highfill, AR Today for the Support You Deserve

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