Personal Injury Litigation
Personal injury cases are those cases where some type of injury or death has resulted from the negligence of another person or company. These cases may involve a car wreck, airplane accident, train wreck, trucking wreck, a fall, a defective product, medical negligence, or other situations where someone's negligence has resulted in physical injury. Many injury cases are resolved or settled prior to trial, but some are not. Those that do not settle generally proceed to a jury trial. Our litigation attorneys have worked on both sides of these cases, having representing injured persons, insurance companies, and defendants. We have litigated, settled, and tried injury and death cases in many courts.
Frequently Asked Questions
What limitations period applies to injury cases?
In Arkansas, most claims based on negligence must be filed within three years. There are exceptions to this rule and the time period may be extended in certain circumstances.
What may be recovered in an injury case?
Generally, injured persons may recover damages for the nature and extent of the injury (whether temporary or permanent), past medical expenses and those for future medical needs, damages for pain and suffering, mental and emotional anguish, scarring or disfigurement, lodging and transportation for medical treatment, loss of companionship for an injured spouse, nursing care, rehabilitation and other similar expenses may be recoverable.
Are punitive damages recovered in injury cases?
In Arkansas, punitive damages may be recovered in cases of intentional misconduct or instances of extreme recklessness or gross negligence. Most injury cases do not involve these facts, but cases for punitive damages do arise given the right circumstances.
How are medical bills paid while the case is still pending?
The insurance company for the “at fault” party will rarely pay medical bills until a final settlement or judgment has taken place. Doctors and hospitals will insist that injured persons pay medical bills as they come due, regardless of any pending claims. While injured persons remain primarily responsible for these bills, an attorney may be able to provide a “letter of protection” wherein it is agreed that the medical provider will be paid from any recovery in the pending case and will cease collection efforts until a final resolution may occur.
Should I settle with the defendant or the insurance company?
While settlement is often beneficial, it is generally not wise to settle a claim until you have discussed your claim with an attorney. Only then will you understand your rights, the positive and negative attributes of your case, and how they may affect your settlement.