Russellville, AR Car Accident Lawyer
A car accident can turn your world upside down, sometimes quite literally. When a car accident happens, many problems arise in the aftermath that you have to deal with.
You could have to pay for repairs to your vehicle, which can easily increase in cost as mechanics find more and more damage during the repair process. If the damage to your vehicle is too severe, it can be totaled, and you might have to pay for a new vehicle. More importantly, car accidents often result in serious injuries to drivers and passengers. Costs of medical treatment and recovery can easily reach hundreds of thousands of dollars after a car accident. If you do not act, you could be stuck paying for your injuries.
Call us today at (479) 316-0438 to speak with our car accident attorneys and receive your free case evaluation.
How to Recover Compensation After a Car Accident in Russellville, AR
Being involved in a car accident can be a distressing experience, but understanding how to recover compensation can help you on the road to recovery. If you have been injured in a car accident in Russellville, you have a few ways to recover your losses. In minor accidents, this might only necessitate filing an insurance claim. Filing a lawsuit is often the best way to recover all your damages for more serious accidents.
Filing a Claim with Your Insurance Company
When recovering compensation for a car accident, you could file a claim with your insurance company. This involves notifying your insurance company about the accident as soon as possible. Provide them with accurate details, including the date, time, location, and any relevant information.
Reviewing your insurance policy and understanding the coverage related to car accidents before filing is crucial. Be sure to gather evidence such as police reports, photographs of the accident scene, witness statements, and medical records to support your claim.
When evaluating any settlement offers, carefully consider the extent of your injuries, property damage, and future expenses. If necessary, seek legal advice to ensure you receive proper compensation.
Filing a Claim Against the At-Fault Driver’s Insurance Provider
If you were involved in an accident that was caused by another driver’s negligence, you have the right to file a third-party claim against their insurance provider. However, before you can do that, you need to establish fault. You can do this by gathering evidence such as photographs, witness statements, police reports, and expert opinions if necessary.
When you have gathered the evidence, the next step is to contact the at-fault driver’s insurance company and provide them with the relevant details. This includes your statement, supporting evidence, and any medical records or bills. The insurance adjuster representing the at-fault driver’s insurance company will assess your claim and might ask for additional information.
It is important to be prepared for negotiations and present your case clearly, providing supporting evidence to demonstrate liability. The insurance adjuster might try to downplay the extent of your damages or injuries, so be sure to review any settlement offers meticulously, ensuring they adequately cover your losses. If you have any doubts or concerns, our team can advise you on your options and how best to proceed.
Filing a Personal Injury Lawsuit Against the At-Fault Party
If insurance is not enough to cover your injuries or the insurance company is being difficult, you might need to file a personal injury lawsuit in civil court to receive compensation. Fortunately, our experienced car accident attorneys have represented many plaintiffs injured in car accidents, and we will fight hard to get you the financial compensation you deserve. That is why we advise consulting with us to determine whether a lawsuit is a viable solution in your case.
To initiate the lawsuit, your attorney will prepare and file the necessary legal documents within the statute of limitations. Once the lawsuit is filed, the discovery phase begins. During this phase, both parties exchange information and gather evidence to build their case. This might involve depositions, interrogatories, and requests for the production of documents.
After the discovery phase, settlement negotiations might occur between your attorney and the opposing party’s legal representation. If a fair settlement cannot be reached, the case might proceed to trial. During the trial, a judge or jury will hear arguments from both sides and determine the outcome. If successful, the court might award compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
While a lawsuit is usually a lengthier process than filing an insurance claim, it is often worth the time. Filing a lawsuit can push an insurance company to settle a case rather than risk losing more in court. A lawsuit can typically be withdrawn if the insurance company decides to pay what you are owed.
Damages You Can Sue for in a Russellville, AR Car Accident Lawsuit
In any personal injury lawsuit, the plaintiff alleges that the defendant caused their injuries and consequently owes them damages. For that reason, you need to specify what injuries you are basing your damages on. When you discuss your case with our car accident lawyers, we will go over the facts of your accident and figure out what damages you are claiming in your lawsuit.
Medical Bills and Expenses
One of the most common items to request damages for in a car accident lawsuit is medical bills and expenses. Emergency medical care, surgeries, and longer-term recovery procedures can quickly add up to enormous costs. Evidence in support of these damages includes medical records of procedures to treat your injuries and invoices from hospitals and other treatment facilities. These damages and other damages supported by evidence, like receipts and medical bills, are called economic damages.
One of the reasons you might need to sue is to get insurance to pay for these damages. Arkansas is what is known as an “at-fault” state. This means that the insurance of the party who is “at fault” fault for the accident pays damages in a car accident. Insurance companies are, understandably, not in the business of admitting fault for every accident. You might need to establish liability in court to get the defendant’s insurance to compensate you.
Lost Wages and Future Income
Another economic item you can be compensated for as damages is lost wages or income. For example, if you had to spend months undergoing surgeries and participating in physical therapy, you likely had to take some time off of work to focus fully on recovering from your injuries. The court can award you damages based on the income you would have had if you were not injured. One of the purposes of damages in a car accident lawsuit is to bring the plaintiff to where they would be if they were not in an accident. Recouping lost income is one of the ways that can be accomplished.
In addition to lost wages, you can also be compensated for lost future income under certain circumstances. For example, if you can no longer work because your injuries make it impossible, the court can award you damages based on what you would expect to earn for the rest of your career had you not been injured. Similarly, if you had to take a less lucrative job because of your injuries, the court could compensate you for the difference in income between your prior job and the new one.
Lost Independence and Enjoyment of Life
Concepts like “enjoyment of life” are less concrete than medical bills or income. There is no invoice for “fun.” Despite that, you can still be awarded compensation for more abstract damages, called “non-economic damages.”
Even after successful medical treatment, you might be unable to do certain activities because of permanent injuries. In severe cases, you could require permanent medical aid to do certain basic tasks. The inability to do things on your own does not have a price tag, but nevertheless, you can factor lost independence into your request for non-economic damages.
Similarly, if you can no longer do an activity you enjoyed because of your injuries, you can be compensated by the court. For example, if you used to enjoy rock climbing but can no longer do that activity because of your injuries, you could be awarded damages because you can no longer participate in that activity.
Pain and Suffering
Pain and suffering is another category of non-economic damages you can recover in a car accident lawsuit. Injuries hurt, and you can be awarded damages for the pain you experienced in your car accident.
Calculating Damages in a Russellville, AR Car Accident Lawsuit
You need to determine the amount of damages you are asking for in your car accident lawsuit. Economic damages are generally the most straightforward to calculate since their value is based on tangible things. You can simply present evidence of your medical treatment and how much it costs.
For non-economic damages, you and our lawyers will have to devise a method to determine how much they are worth. One common way to do this is to multiply your economic damages. The idea is that your non-economic damages are longer-lasting and, therefore, worth more.
Another way to calculate non-economic damages is the “per diem” or “per day” method. This way of calculating non-economic takes into account the pain, suffering, and discomfort you experience from your injuries each day.
Common Types of Car Accident Injuries in Russellville, AR
Car accidents can result in a wide range of injuries, varying in severity and long-term impact. Whether the accident resulted in minor or major injuries, you deserve to be compensated. The following are just a few of the most commonly sustained injuries in Russellville car accidents:
Whiplash
Whiplash is a common injury caused by sudden back-and-forth movement of the neck. It can result in neck pain, stiffness, headaches, and dizziness. Treatment might involve physical therapy, pain medication, and rest.
Fractures
Car accidents can result in various types of bone fractures, which can be incredibly painful and debilitating. Fractures can occur in different parts of the body, including the arms, legs, ribs, or collarbone, and the necessary treatment might vary depending on the severity of the injury.
Treatment options can include the use of splints or casts to immobilize the affected area and promote healing, while more severe cases might require surgical intervention to properly align and stabilize the broken bone.
Traumatic Brain Injury
Traumatic brain injuries are a result of a sudden and forceful impact on the head that disturbs the normal functioning of the brain. Depending on the severity of the injury, symptoms can range from mild concussions to more severe cognitive impairments such as memory loss, difficulty with speech or movement, and changes in personality or behavior.
Soft Tissue Injuries
Soft tissue injuries involve damage to muscles, tendons, or ligaments. Sudden impact or violent movements in a car accident can lead to sprains, strains, bruises, or tears. Symptoms include pain, swelling, and limited range of motion. Treatment might involve rest, physical therapy, and pain management techniques.
Our Russellville, AR, Car Accident Lawyers are Ready to Help
For a free case review with our car accident lawyers, contact us today at (479) 316-0438.