Frequently Asked Questions
Do I need a lawyer?
What do I need to do to protect my rights?
How long will my lawsuit take?
How much is my case worth?
How will my attorney's be paid?
Do I need a lawyer?
Many individuals who are injured often turn to lawyers for assistance too quickly. If your injuries are not severe, as is often the case in small motor vehicle accidents, you may be able to negotiate with the responsible party or their insurance company without legal assistance. By pursuing your rights on your own, you may be able to avoid the costs and fees an attorney will incur in prosecuting your rights for you. If the responsible party or their insurance company refuses to settle the claim; tells you that you don't have a case; or you feel they are not fairly and reasonably compensating you for your injuries, consult an attorney to determine if you have a claim.
What do I need to do to protect my rights?
When a catastrophic injury occurs, the last thing the family and loved ones of the injured person want to think about is a lawsuit. However, if someone else is responsible for your injuries, it is important to take steps to protect your legal rights and ensure that the responsible party is held accountable. Here are some tips that we think will help:
1. Preserve the Evidence - It is not uncommon for evidence to be lost or destroyed between the time an injury occurs and the time the case is presented to a jury. As soon as practicable, take photographs of the scene of the accident, the injuries and any equipment that contributed to the accident. It is also a good idea to keep any documents, such as medical records, in a safe place for your attorneys to review and use as evidence in the litigation. Don't allow your insurance company or the responsible party's insurance company to dispose of your vehicle (or any other piece of equipment for that matter) if you feel it is defective or in some way contributed to the accident. Failure to preserve evidence can be detrimental to your lawsuit.
2. Don't Sign Anything! - Frequently, insurance representatives of the responsible party will attempt to settle claims for far less than the amount of damages sustained by the victim and will attempt to have the injured party sign a release of all claims to make the case go away. Unless you are certain that the document does not relieve you of your legal rights, do not sign anything without first having an attorney review it.
3. Act Quickly - All legal claims are governed by a statute of limitations. This means that you only have a certain period of time in which to file your lawsuit. In Arkansas, most personal injury claims must be filed within three (3) years of the date of the accident or injury. Medical malpractice cases, as a general rule, must be filed within two (2) years from the date the wrongful act which caused the injury occurred. THERE ARE EXCEPTIONS TO THESE GENERAL RULES! CONSULT AN ATTORNEY AS SOON AS POSSIBLE TO DETERMINE THE EXACT AMOUNT OF TIME YOU MAY HAVE TO FILE YOUR SUIT. It is also important to act quickly because your attorney will need time to investigate your claim and to determine whether a lawsuit is likely to be successful.
4. Minimize your damages - Arkansas law requires that injured people take steps to minimize their damage. This includes, for example, going back to work as soon as you are capable of doing so or following your doctor's treatment and rehabilitation instructions. The law does not recognize a right of recovery for damage incurred that could have been prevented by the injured person.
How long will my lawsuit take?
It is very difficult to predict how long a lawsuit will take. Some cases can be resolved in a matter of months, some drag on for years. The severity of the injuries, the complexity of the legal theories and the volume of cases being handled by the court in which your case is filed are just some of the factors that determine how long litigation lasts. At a minimum, every client should prepare for the possibility that the case will take several years to complete.
How much is my case worth?
Predicting the value of a lawsuit is an inexact science. Factors that influence the value of a case include, but are not limited to, the amount of outstanding medical bills incurred as a result of the injury, the amount of income lost as a result of the injury, and out-of-pocket expenses resulting from the injury. Other, non-economic factors that influence the value of a case include, among other things, the client's pain and suffering, loss of consortium, loss of enjoyment of life, scarring and disfigurement, and emotional distress. In rare cases, punitive damages may be available where the responsible party has acted maliciously or in reckless disregard of the consequences of their actions.
How will my attorney's be paid?
We work for most of our clients on a contingency fee basis. This means that we are paid only if we are able to obtain a recovery on your behalf. Our contingency fees are usually taken as a percentage of the entire amount of the recovery. The client is responsible for the costs and expenses of the case in the event a recovery is made. If no recovery is made, the clients owe the attorneys nothing. In some instances, fees are based on an hourly rate.
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