Mena, AR Personal Injury Lawyer

A personal injury caused by negligence is not the victim’s fault, so they should not be liable for the costs associated with those injuries.

At the start of your case, our attorneys will determine the appropriate filing deadline. Most personal injury claims must be filed within three years of an accident unless there is an applicable tolling exception, like if the victim was a minor. Next, we must estimate your lawsuit’s value, and we can start this process by organizing medical bills and calculating your missed income if you cannot return to work immediately. In addition to economic damages, victims can get compensation for emotional distress, and we can assign a monetary value to your pain and suffering when preparing your case. To get compensation, victims may have to meet the standard of proof and convince a jury of a defendant’s liability unless they settle claims fairly out of court.

For a free and confidential case assessment from our Fort Smith personal injury lawyers, call (479) 316-0438 today.

What to Determine When Approaching a Personal Injury Claim in Mena, AR

When approaching a personal injury lawsuit, the first matter to iron out is the statute of limitations, which will likely be three years. After confirming your filing deadline, our attorneys can estimate your claim’s value and prepare your lawsuit to meet the standard of proof for civil cases in Arkansas.

Your Filing Deadline

According to Ark. Code. § 16-56-105, the typical statute of limitations for injury claims is three years. The accrual date is generally the date of injury unless a victim discovers their injuries later. In such situations, the statute of limitations would be tolled until the date of discovery, though our attorneys must prove victims could not have reasonably discovered their injuries sooner. By going to the hospital after any accident, no matter how severe, victims may be able to catch latent injuries that might otherwise go unnoticed for too long.

According to § 16-56-116, victims who are under 21 or legally disabled when injured get tolling until they reach majority age or their disability is removed. Defendants who leave the state or conceal their identities from plaintiffs may not evade liability for their damages, as § 16-56-120 tolls the statute of limitations in such situations.

We can pinpoint the final date by which you can file your claim based on the date the accident happened and when you discovered your injuries. Anticipate having just three years to sue and proceed accordingly since missing the filing deadline would bar you from recovery.

Though you could file on the last possible date, delaying claims could lead to other issues, so it is typically best to file soon after accidents.

Your Total Damages

Plaintiffs should also appreciate the value of their claims before proceeding. Our personal injury lawyers can estimate your claim’s worth by tracking all economic losses from an accident and quantifying your pain and suffering. Monitoring hospital expenses is important, as victims might have copious records that could otherwise become disorganized. In addition to noting all medical expenses incurred to date, we will also consider future treatments and their cost. Medical experts and treating physicians can provide statements confirming future care, strengthening requests for that type of compensation.

Those unable to return to their previous jobs right away may get compensation for lost wages, and factoring these losses into damages assessments is important. To calculate missed income, we can assess income statements and employment records and rely on expert statements to estimate when you can return to work, if ever.

Victims should not underestimate the value of their non-economic damages, as this could lead to them accepting unfair offers from negligent parties. We may use various methods to quantify your pain and suffering and enlist mental health professionals to give statements explaining the psychological effects of your injuries, treatment, and the accident itself. Non-economic damages compensate victims for emotional distress due to negligence, and victims with permanent or debilitating injuries might be more likely to recover greater non-economic damages.

The Burden of Proof

The burden of proof in civil personal injury claims falls on the plaintiff. It is their burden to meet the standard of proof and show that it is more likely than not a defendant’s negligence caused their injuries. This standard might be lower than victims anticipate, though meeting it requires them to establish four crucial elements, the first being that the defendant owed them a duty of care. Next, our lawyers must prove that the defendant breached their duty by being negligent or reckless, directly causing the victim’s injuries and resulting damages.

Our lawyers may use a combination of evidence, such as eyewitness statements, medical records, photos, videos, and expert witness testimony, to prove duty of care, breach, causation, and damages. When defendants realize plaintiffs can successfully meet the standard of proof during the discovery phase, they might be willing to offer higher settlements out of court. Even when faced with compelling evidence, defendants might offer low lump sum offers, hoping victims will accept. Though settlement negotiations are less formal than trials and do not require victims to prove negligence, we will need evidence to leverage to be successful in this stage of your lawsuit.

When personal injury lawsuits go to court, both sides can present their evidence to the jury, which will then decide whether or not the defendant is liable. In addition to considering the defendant’s negligence, the jury might weigh the plaintiff’s actions to see if they were also negligent. According to § 16-64-122, victims who share liability for their injuries will see their damages reduced proportionally unless they share equal blame with a defendant or are more at fault, in which case they cannot recover any damages.

Call Our Mena, AR Injury Lawyers to Talk About Your Case

For a free case evaluation from our personal injury lawyers, call (479) 316-0438.