Mountain Home, AR Car Accident Lawyer

When car crashes leave victims seriously injured in Mountain Home, filing a lawsuit to recover compensatory damages may be necessary.

When car accidents happen, victims should start by learning the applicable filing deadlines for their claims. Most likely, it will be three years from the date of the accident in Mountain Home. While there are a few exceptions to the statute of limitations, they do not apply to all claims in Arkansas. Our attorneys can prepare your lawsuit and file it before the deadline so you do not miss your opportunity to recover damages. After you file, the discovery phase will come, and you might be deposed. Next, we will navigate settlement negotiations with the opposite side and, based on the outcome of those discussions, might settle your case or take it to court.

For help with your case, call our Mountain Home, AR car accident lawyers today at (479) 316-0438.

What to Know About the Statute of Limitations for Mountain Home, AR Car Accident Claims

The statute of limitations sets the period during which victims can sue negligent drivers for car accidents in Mountain Home. Thoroughly understanding the statute of limitations and how it applies to your case is crucial, as missing it could result in a case dismissal by the court.

Accrual Date and Filing Deadline

The accrual date is the day that the clock starts counting down, so to speak. Generally speaking, this is the date of the accident, which is typically also the date a victim should have reasonably discovered their injuries from a motor vehicle accident.

Your final filing deadline will be three years from the accrual date, according to Ark. Code. § 16-56-105. Barring any exceptions or special circumstances, you cannot file a lawsuit any later than that date in Mountain Home. The court can dismiss any claims filed past the statute of limitations in Arkansas.

Tolling Exceptions

The statute of limitations may be tolled or paused in certain instances. For example, § 16-56-116(a) provides tolling for victims injured in car accidents and other incidents under age 21. The statute of limitations is paused for victims in these cases until they turn 21. Then, the clock starts counting down from that date, giving such victims three years from their 21st birthdays to sue negligent drivers.

The court may grant tolling in cases where defendants intentionally conceal their identities or leave the state, preventing victims from bringing lawsuits, according to § 16-56-120.

The discovery rule that tolls the statute of limitations until a victim should have reasonably discovered their injuries rarely applies to car accident claims in Mountain Home, as victims should typically get medical care following serious accidents to discover underlying injuries.

Other factors might result in the tolling of the statute of limitations, and our lawyers can explain the exact filing deadline that applies to your lawsuit.

Tips for Filing on Time

Filing car accident lawsuits on time is a challenge, even though victims have three years from an accident’s date to sue. Delays might happen for various reasons, such as a victim’s focus on physical recovery or acclimating to their new quality of life. Our car accident lawyers will prioritize evidence collection as you focus on your health and emotional well-being after an accident.

We will do this by speaking to eyewitnesses as soon as possible after the collision. We can interview them and record their statements, which we can use as evidence in your claim. The sooner we interview eyewitnesses, the more accurate and helpful their statements may be, so initiating your case immediately is important.

What Comes After You File Your Car Crash Lawsuit in Mountain Home, AR

The litigation process will begin once you file your lawsuit against a negligent driver in Mountain Home. The discovery phase will come next, followed by settlement negotiations. Depending on the outcome of settlement talks, you may or may not take your case to court.

Discovery

The discovery phase of a motor vehicle accident lawsuit is when both sides exchange information relevant to the case. During discovery, we can gauge the opposing side’s potential defense and any evidence they might have against the defendant’s liability. Witnesses may be deposed, including victims, and our lawyers can prepare you for a possible deposition with the defendant’s counsel.

Settlement Negotiations

After the discovery phase comes settlement negotiations. When discovery reveals the strength of a victim’s case, the defendant might be willing to settle quickly and fairly. That said, be cautious of accepting any initial settlement offers you get.

Our lawyers will compare all offers to our calculation of your losses, including all of your economic and non-economic damages. If the defendant refuses to improve their offer, you are not obligated to accept it. It is important for victims to understand that accepting a settlement will end the legal matter there, giving them no option to pursue further recovery if they realize they need more compensation.

Trial

The trial for your lawsuit will involve both sides presenting their cases, arguments, and evidence to the jury. When liability is clear, defendants typically want to avoid trials as they might result in greater damages for victims. Our lawyers can help you weigh the pros and cons of moving forward with a trial, a clear benefit being the potential for large jury awards.

After both sides have presented their cases, the jury will decide whether or not the defendant is partially, wholly, or not liable for the victim’s damages. If the defendant is wholly liable, the jury will refer to proof of your financial and emotional losses to assess your award. Arkansas does not cap compensation of economic or non-economic damages for car accident victims in Mountain Home.

Call Our Mountain Home, AR Lawyers About Your Claim Today

Call (479) 316-0438 to have our car accident lawyers assess your case for free today.