If you’ve been injured in an accident in Arkansas, the last thing you want is to have to worry about filing a personal injury claim. Unfortunately, this process can be daunting and confusing if you don’t know what to do.
this guide will walk through everything from who can file a lawsuit to how long you have to file one if your case is successful. We’ll also cover some of the most common injuries that lead people in Arkansas to hire an attorney to help with their cases.
What Is a Personal Injury Lawsuit
A personal injury lawsuit is a civil action in which an individual seeks damages for injuries suffered due to another’s negligence, recklessness, or intentional misconduct.
In Arkansas, there are two types of injury cases:
Negligence claims:
This involves instances where one party (the defendant) fails to uphold their duty of care to another party (the plaintiff).
This can include car accidents and other motor vehicle incidents, slips and falls, medical malpractice, construction accidents, workplace injuries, dog bites, and claims against employers who fail to provide a safe work environment for their employees.
According to the Bureau of Labor Statistics,2.6 million workplace injuries and illnesses were reported in the US in 2024. The incidence rate of such cases was 2.7 per 100 full-time workers in private industries.
Intentional torts:
When someone knowingly commits an act that causes harm to another person, they have committed an intentional tort. Some examples include assault and battery, sexual assault, and abuse cases involving children or elderly individuals.
How Does a Personal Injury Lawsuit Work
Filing a personal injury lawsuit is not an easy task. It requires a lot of time and effort and the ability to manage your case effectively. You can’t just hire any attorney and expect him or her to get you a settlement, let alone win your case. You need to find someone who has experience with personal injury lawsuits.
When hiring an attorney for your personal injury case, make sure that person understands how important it is to get evidence supporting your claim. The more evidence you have backed up what happened at the scene of the accident and afterward, the better.
Evidence can come from photographs taken immediately after the accident (make sure they show injuries), witness statements, police reports, etc. They also include medical reports from doctors who treated you after being injured.
How Long Do I Have to File a Personal Injury Lawsuit in Arkansas
The statute of limitations defines the time limit you have before filing a lawsuit. The statute of limitations varies by state. As per a report in Forbes, you have three years to file a lawsuit for personal injury in Arkansas. However, it is always best to check with your local court about the time limit you have.
In general, if you miss the deadline, you can’t recover compensation for your injuries. If this happens to you and it wasn’t your fault (such as an illness or other unexpected event), talk with an attorney about filing what’s called a “tolling” motion. This is a request that asks the judge to extend or toll (stop) the clock on filing deadlines because of extenuating circumstances beyond your control.
Who is Liable to Pay for Medical Bills After an Accident
In most states, the driver of the car that hits you is responsible for paying your medical bills. But if your injury happened in any city in Arkansas like Little Rock, drivers’ insurance companies have to pay the claim if they’re found at fault for causing an accident
There is also a chance that your own insurance company will pay for some of your medical costs, and if you have health insurance through work or Medicaid, your employer or government agency may cover some of those costs too.
No matter where you live, there are laws that dictate how much money should be paid out as damages after someone gets injured in an accident. So for personal injury claims in Little Rock, Arkansas, you should hire a Little Rock personal injury lawyer. They will know how best to proceed with the case to get you the maximum benefit under the state’s law.
Do I Need to Hire an Attorney
According to IBIS World, the market size of the personal injury lawyers industry in the US in 2024 is $53.1 billion. The industry has seen an average growth of 3.4% per annum from 2017 to 2024. Though in Arkansas, you can file a lawsuit without an attorney. However, there are several benefits to hiring one that may make it worthwhile.
First, an attorney will help you understand the legal process and what you’re entitled to under Arkansas law. If you decide to hire an attorney after filing your paperwork on your own, then he or she can answer any questions about the lawsuit at this point. An experienced personal injury lawyer can also evaluate whether it makes sense for you to proceed with litigation or negotiate out of court with the defendant.
Secondly, if settlement negotiations are unsuccessful and the case proceeds to trial, and even if it doesn’t, you’ll need an experienced professional on your side who knows how these cases work so they can guide you through every step along the way.
Conclusion
In the end, filing a personal injury lawsuit in Arkansas is not a simple or easy process. It can be stressful and time-consuming, but you can make it through with the right help and guidance.
The most important thing is to find an experienced attorney who knows how to handle these cases so that you don’t have to worry about anything else other than getting better.
