Mountain Home, AR Personal Injury Lawyer

When injured due to negligence in Mountain Home, you can file a claim against the at-fault party.

When preparing your case, our lawyers will start by establishing a duty of care. The party who caused your injuries likely owed you one, and our attorneys will identify it at the start of your case. We will then determine how the defendant breached their duty, otherwise known as how they acted negligently. Then, we have to show how the defendant’s negligence caused your injuries and damages. Starting this process soon after an accident in Mountain Home is important, as victims have a three-year window following incidents to sue for personal injury.

To get a free case review from our Mountain Home, AR personal injury lawyers, call us today at (479) 316-0438.

Establishing a Duty of Care in Mountain Home, AR Personal Injury Claims

For someone to be liable for another person’s injuries, they must have owed them a duty of care at the time of the accident and breached it. Establishing that a duty of care existed is vital for the success of your case, so our lawyers will focus on this when preparing your claim in Mountain Home.

A duty of care is the legal duty one party owes to another. For example, a driver on the road owes other drivers a duty of care to drive responsibly and follow traffic laws. Homeowners and property owners owe visitors a duty of care that includes maintaining a safe environment free from obvious hazards. Medical professionals owe their patients a duty of care, as do landlords to their tenants. All of that is to say that a duty of care is often present in various dynamics, and our lawyers can help victims identify and establish that a duty existed at the time of the incident.

In addition to proving that the defendant owed you a duty of care, we must show that they breached it. This involves demonstrating how the defendant acted negligently. This will vary from personal injury claim to personal injury claim. For example, if you were hurt in a car accident, we would have to show what the other driver did wrong while driving. A breach of duty in this example could include speeding, aggressive driving, drunk driving, or distracted driving, among others.

Proving that a breach occurred may require statements from eyewitnesses and other evidence. To preserve witnesses’ memories in statements, our lawyers can interview them soon after your accident in Mountain Home.

Proving Causation and Damages in Your Mountain Home, AR Personal Injury Case

Once we establish a duty of care and breach, we can focus on proving causation and damages. Without proving these elements during a trial, victims cannot succeed if their personal injury claims go to court in Mountain Home.

Causation

Causation is the crucial link between the defendant’s breach and the victim’s injuries. It is not enough to prove that the defendant was negligent or irresponsible; you must show that their negligent act directly caused your injuries. A good way to do this is by calling 911 and requesting emergency medical attention at the scene. This can generate a medical record of your immediate injuries and connect them to the incident in question, whether it is a car crash or slip and fall accident on someone else’s property in Mountain Home.

Medical experts can review your records and testify about the likely cause of your injuries, further strengthening your case.

Denying medical care at the scene or failing to go directly to the emergency room could raise questions about the cause and severity of your injuries. Having any gaps in your medical care could also greatly jeopardize your claim. To avoid inquisitions about your injuries during your case, continue getting medical treatment as necessary. This will result in compelling medical evidence our lawyers can use to prove that you are injured and that the defendant caused your injuries.

Damages

The final step is showing that the injuries caused by the defendant resulted in real damages. To do this, our personal injury lawyers will need access to your medical bills and other records of losses. We can estimate your lost income due to the accident by reviewing employment information and recent tax returns.

Tell our lawyers about all damages incurred following the accident, as they may be compensable in your claim. For example, if you require transportation to and from the hospital for treatment, we can include those costs in your total damages. Furthermore, if you need to make alterations to your home to accommodate your injuries, those costs should also be covered.

You may also have to prove you qualify for non-economic damages in your case. To show your pain and suffering due to the accident, you can testify during your claim. Mental health experts may also testify to explain the impact catastrophic injuries such as yours typically have on victims’ lives.

When to File Your Mountain Home, AR Personal Injury Lawsuit By

There is a deadline for all personal injury claims in Mountain Home, regardless of their cause. If you do not bring your case by the final filing date, the court may dismiss it.

Ark. Code. § 16-56-105 sets the filing deadline for personal injury cases at three years. The statute of limitations is a hard deadline unless your case qualifies for an exception. While there are exceptions to the statute of limitations, you should not expect that any apply to your case without confirming so with our lawyers.

Failing to file by the statute of limitations leaves victims without a path to compensation, so initiating your case immediately after an accident is often crucial in Mountain Home. Although three years often seems like plenty of time to bring a case, you should not delay yours for any reason.

Call Our Attorneys in Mountain Home, AR Today

Discuss your case for free with our personal injury lawyers by calling (479) 316-0438 today.