Pine Bluff Personal Injury Frequently Asked Questions
The number of questions you will have for your Pine Bluff personal injury lawyer are countless. Below are some of the most frequently asked questions of Pine Bluff personal injury attorneys. We have provided a brief answer to each of these questions, but you should talk to a Pine Bluff Personal Injury Attorney for an answer based on the specific facts of your case.
- Why should you hire a Pine Bluff personal injury attorney to represent you?
- How do you know if your case is worth pursuing?
- What can you recover for your injuries?
- What does a Pine Bluff personal injury lawyer charge?
- Who is entitled to bring a personal injury claim?
- Who may file an action for the wrongful death of a loved one?
- How should you choose your personal injury attorney?
- What is negligence and why is it important?
- Is there any time limit on filing a personal injury claim?
- Will your case go to trial or be settled?
Personal injury lawyers provide legal representation to people after they have been injured physically, psychologically, or financially. Personal injury attorneys can represent clients when an injury results from negligence, recklessness, or willful wrongdoing. Additionally, a well-qualified personal injury lawyer knows how to navigate the legal system, how to negotiate a settlement, or to litigate a cause of action in court. Your personal injury attorney will be able to provide support, arrange necessary doctor visits and/or documentation, and prepare expert witnesses in preparation for a trial. Most importantly, you need a personal injury lawyer so that you have someone advocating on your behalf.
The law is often complicated, unclear, and even unsettled. It takes an experienced lawyer who is familiar with personal injury laws in the jurisdiction to know what damages a jury will likely return under the specific facts of the case. You don’t need to understand the law yourself, and personal injury attorneys generally offer free initial consultations during which they will discuss your case with you and offer their opinions on what you might expect in your situation.
Unfortunately, there is no clear-cut answer to this question. Certainly, there are many different types of injuries causing varying degree of loss. The extent of recovery depends heavily on the extent of injury as well as financial losses suffered as a result of the injury. Sometimes, punitive damages may even factor into the calculation when the defendant engaged in gross negligence or otherwise egregious conduct. Furthermore, recovery can sometimes depend on the insurance coverage involved. Because recovery is such a complicated issue and depends on so many factors, a lawyer must thoroughly evaluate the facts of your case in order to maximize your recovery in a settlement or at trial. Your Pine Bluff, Arkansas personal injury attorney will zealously advocate on your behalf to ensure that you are fairly compensated for your injuries.
Personal injury lawyers typically don’t charge their clients anything unless they win the case and recover money for the client. This arrangement is called a contingency fee agreement and is extremely beneficial for injury victims and their families, who often can’t afford attorney’s fees after an accident. A typical contingency fee compensates the attorney at 33% of any recovery they obtain for the client; however, in some cases, state statutes set caps on the contingency fee an attorney may charge in a particular type of case. The bottom line is that if your attorney recovers nothing for your injuries, then you pay nothing. This not only minimizes out-of-pocket expenses, but it also ensures that your lawyer’s interests are aligned with your own. Your personal injury attorney will discuss payment with you during your initial consultation so that a satisfactory agreement may be worked out between you prior to beginning work.
Of course, the injury victim may bring a claim for damages against the party at fault, so long as they can prove legal fault, causation, and damages, and are in compliance with any applicable Statute of Limitations setting a time bar on the lawsuit (click here to read more on Statutes of Limitations). However, family members may also bring claims for damages in certain cases. For example, immediate relatives can recover in a wrongful death action if another party’s negligent or reckless behavior caused their loved one to die, or a spouse may seek recovery for loss of consortium in personal injury or wrongful death cases. An Arkansas personal injury attorney will be able to counsel you on who should pursue claims for the injury your family has suffered.
Generally, the parents, spouse, child or estate of the person who was wrongfully killed may bring an action for wrongful death. If the case involves a child bringing a wrongful death claim for the death of his or her parents, the child may need an adult guardian to bring the action on their behalf. Speaking to a local wrongful death attorney can clarify this issue. Further, a wrongful death attorney will be able to inform you whether Arkansas law allows for other family members or legal dependents to file a wrongful death action on behalf of the deceased.
Choosing the right attorney is what DotCO Law Marketing, L.L.C. is here to help you do. While any attorney might be able to help you pursue a personal injury claim, the attorneys advertised on each of our pages specialize in a particular area of law. As a result, they will be more familiar with the procedures and complexities involved in your case.
In choosing a lawyer there are several criteria to consider. First, you should consider whether you want an attorney that works at a large, mid-sized, or small firm. Next, you should have a consultation with a few attorneys to determine which you feel most comfortable with. After narrowing down your choices, you may wish to ask the attorneys for professional references who can discuss their experience with that attorney. These references may be other attorneys who practice in the area or clients whom the attorney has helped in the past. Finally, check the lawyer’s Martindale Hubbell AV rating before reaching your decision. Choosing an attorney is an important decision, and DotCO Law Marketing strives to include only the highest quality lawyers specializing in each area of the law to make your choice easy.
Negligence is one of the most important concepts in personal injury law. Negligence serves as the basis for most personal injury lawsuits and is basically the failure to meet a certain standard of care. The law establishes certain duties, or standards of care, applicable to various different situations, and when a person acts carelessly and departs from the applicable standard of care, they are deemed negligent.
In order to prove a claim, a plaintiff (the injury victim) must demonstrate that the defendant (the person being sued) had a duty to the plaintiff, that the defendant breached that duty by failing to conform their conduct to the required standard of care, that the defendant’s negligent conduct caused the plaintiff’s harm, and, finally, that the plaintiff in fact suffered some cognizable harm or injury as a result. An experienced Pine Bluff personal injury lawyer is familiar with these concepts and can help you prove each element necessary to show the defendant was negligent and should be held legally accountable for your damages.
As a general rule, almost all personal injury claims may be filed up to three (3) years from the time of injury under something called a Statute of Limitations. However, there are several exceptions to this rule, generally where some statute applies to the case at hand, and the limitations period may be either shorter or longer. When a personal injury claim involves an injury that occurs over a period of time, such as an occupational injury, then the claim generally must be filed within three years from the time the injury victim or worker knew or reasonably should have known of the injury. Finally, the limitations period may be extended in certain other cases, such as when the victim is a child. In such case, the law may state that the Statute of Limitations does not begin to run until the child’s eighteenth birthday.
You should always contact a personal injury lawyer well in advance of any legal time bar so that you do not lose your right to sue. Pine Bluff personal injury attorneys are familiar with Arkansas limitations periods and can begin work on your case immediately.
There is no rule for which cases go to trial versus which are settled by lawyers prior to any formal trial procedures; however, trials are becoming less and less common. Nearly 90% of all cases are settled before having to go to trial. It may be to your advantage to accept a settlement because you receive compensation much faster than you would in a drawn-out legal proceeding. Also, insurance companies may want to settle with you or you may receive workers’ compensation benefits without having to litigate your claim in a court. However, sometimes, when a settlement offer is unsatisfactory or other considerations are involved, it may be necessary to litigate in a court case. Arkansas personal injury lawyers have experience settling claims and litigating in both state and federal courts, and will seek to balance your interest in receiving the maximum recovery with your interest in seeing the case through quickly and with the least interference to your life.
Personal Injury Attorneys Serve Pine Bluff and Surrounding Cities
Serving clients throughout Southeastern Arkansas, including Arkadelphia, Center Grove, Clarksville, Cornerstone, Dumas, El Dorado, Fordyce, Friendship, Grady, Greenville, Hot Springs, Jacksonville, Little Rock, Mount Zion, Pine Bluff, Redfield, Sheridan, Wabbaseka, Warren, White Oak Bluff, Wrightsville, and other communities in Jefferson County.
Contact one of the Jefferson County lawyers on this site to discuss all of your personal injury and accident questions.