Car accident victims are often left dealing with medical bills, property damage, and other financial losses. According to the US Department of Transportation, the annual economic cost of car accidents in Arkansas is over $2.3 billion.

If you were injured in an Arkansas car accident, you may be wondering how much your case is worth. This is worthy of consideration, as accident victims who do not know the adequate value of their personal injury cases can be left without the financial support they need to recover from their injuries. 

At Minton Law Group, we have the legal knowledge and litigation experience needed to calculate the value of car accident cases accurately. We help our clients seek the maximum compensation they are entitled to receive. Call us today at 855-Xadjuster to schedule a free case evaluation. 

How Much Money Will You Get in an Arkansas Car Accident Lawsuit?

After being injured in a motor vehicle accident, it is understandable that you are concerned about the possibility of financial recovery. You may be wondering how much someone can sue for a car accident. 

What is the average car accident verdict or settlement? The answer depends on the circumstances of the accident. Each client and car accident case is unique, so the payout of verdicts and settlements varies widely and depends on several factors. 

If a client only sustains minor injuries and/or property damage in an auto accident, the payout may be a few thousand dollars to cover medical expenses and the cost of vehicle repairs. However, if the accident victim has suffered more severe injuries, then he or she could be awarded substantially more. 

For example, one of our clients who was injured in a motor vehicle accident by an intoxicated driver received a verdict of $350,000. Click here to view other past car accident settlements our law firm has achieved.

Factors That Affect How Much You Can Sue for After an Arkansas Car Accident

The following are some of the many factors that impact how much you can sue someone for after a car accident.

Liability insurance limits

Generally, you can sue the insurance company for the amount of damages up to the coverage limits. Coverage limits vary depending on the type of policy a driver holds. 

Arkansas requires every automobile owner to have the following minimum liability coverage:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

If the at-fault driver only had minimum liability insurance coverage, the cost of your damages may exceed the limits of what the car insurance policy covers. You will then need to sue the driver personally or look to other sources to recover the full extent of your damages. 

Extent and severity of injuries

The severity and type of your injuries can impact the value of your car accident claim. Generally, the value of a personal injury case increases with the severity of an injury. In other words, the more extensive your injury, the more you can sue for. 

For example, a person who sustains a severe spinal cord injury will likely receive a greater car accident settlement than someone who suffered minor whiplash. 

Factors that are considered when determining the extent of car accident injuries include:

• The length of recovery time
• Whether the injuries are permanent
• How the injuries affect a person’s quality of life
• The impact your injuries have on your ability to support yourself financially
• The estimated cost of your ongoing medical treatment

Prompt medical attention

After a car crash, you don’t want to give auto insurance companies any reason to question your claim. Failure to receive prompt medical care after a collision can further complicate your car accident case.

The insurance company may refute the value of your car accident claim by arguing that your injuries were not caused in the accident since it took days or weeks for you to go to the doctor. 

The insurer could also contend that your delayed treatment worsened your condition and that your failure to mitigate damages decreases how much your car accident settlement is worth. 

Thus, seeking prompt medical attention after an accident increases your chance of receiving fair compensation for your personal injury claim. 

Who is at fault and liable

Fault and liability do not always lie solely with the other driver involved in the car accident. While it is true that driver error is the most common cause of auto accidents, there may also be other factors involved. For example, defective car parts or poorly maintained roads may have contributed to the incident. 

You may be able to car accident lawsuit against one or more of the following parties:

• Vehicle manufacturers
• Property owners
• Rideshare companies
• Auto parts manufacturers
• Delivery or trucking companies
• Government entities
• Auto mechanics

If your car accident involved a trucking company, rideshare service, or other business, the insurance policy may have coverage limits as high as $1 million. 

Evidence and degree of fault

Your personal injury attorney will begin gathering evidence to prove fault immediately after taking on your case. The greater the evidence is against the plaintiff, the better chance you have of receiving a higher car accident injury settlement.

If the other party was entirely responsible for causing the car accident, you should receive full compensation for damages. However, your compensation can be reduced if you are partially responsible for causing the crash. 

Arkansas is a modified comparative negligence state. This means that you can pursue a local car accident claim against another party even if you were partly responsible for the crash. However, the amount you recover will be reduced in proportion to your degree of fault. 

The modified comparative negligence rule in our state caps out at 50 percent. This means that you cannot recover damages from the other party if you are 50 percent or more responsible for the accident. 

Statements made after the accident

What you say after the accident could impact the amount of your car accident settlement. For example, saying the simple words “I’m sorry” at the accident scene could be construed as an admission of fault. 

Additionally, be careful how you respond if an adjuster from the insurance company asks you how you are feeling. If you say, “I’m fine,” or “I’m okay,” the adjuster could claim that you yourself stated that your injuries are not that bad so you are now exaggerating your condition to get more money.

As you can see, it is in your best interests to avoid speaking to the insurance company until you consult with an Arkansas personal injury lawyer. It is especially important not to give an official or recorded statement with a personal injury attorney present. Any statements you make could be used against you if you are deposed or asked to testify in court. 

How to Calculate Damages in Arkansas Car Accident Cases

Car accident victims can sue to recover money for the economic and non-economic damages they have suffered as a result of the accident. The extent of the losses you have sustained in the accident will affect how much money you can sue for from the other party. 

A car accident lawyer from Minton Law Firm will know how to identify what damages you qualify for and how to accurately calculate the value of your claim. 

Economic damages

The following are some types of economic damages commonly included in car accident lawsuits:

• Medical bills: Your car accident lawyer will calculate your past, present, and future medical expenses. This can include ambulance rides, exams, hospital stays, surgeries, rehabilitation therapy, prescription medications, and more. 
• Property and vehicle damage: A personal injury attorney can also help you sue for the costs to repair or replace your vehicle. You can also seek compensation for personal items such as cell phones, laptops, tablets, sunglasses, and other items damaged in the collision.
• Lost wages: The injuries you sustained in the collision may leave you unable to return to work for an extended period of time. Your personal injury lawsuit can include lost wages, lost health insurance benefits, lost vacation days, and other work-related losses.
• Value of services: If you did not work outside of the home before the car accident, you might have provided household services that you can no longer perform. You may now need to hire outside companies that offer these services, which may be child care, lawn and garden maintenance, housekeeping, or transportation.

Non-economic damages

Your Arkansas car accident lawyer can also help you sue to recover money for non-economic losses such as:

• Scarring or disfigurement
• Loss of ability to enjoy life
• Loss of consortium
• Pain and suffering 
• Emotional distress
• Mental anguish
• Loss of society 

These types of losses are subjective and more complicated to calculate. At Jason Minton Law Firm, we are prepared to utilize the help of doctors, psychiatrists, life care planners, and others when calculating your non-economic losses. 

Typically, the more long-term your injuries are and the more your quality of life has been impacted, the higher your case value will be. 

Punitive damages

Unlike economic and non-economic damages, punitive damages are not awarded to victims to compensate for their losses. Punitive damages are designed to punish gross negligence or reprehensible conduct and deter others from acting in the same manner. 

For example, if you were harmed in a car accident by a drunk driver or a driver that was street racing, the judge may choose to award you punitive damages.

The amount awarded for punitive damages in Arkansas can be substantial, even far greater than the award for compensatory damages. In some car accident cases, victims are awarded multi-million dollar settlements. 

How to Maximize the Value of an Arkansas Car Accident Lawsuit

In order to recover fair and reasonable compensation, you will need to prove the other driver caused your motor vehicle accident and that you suffered damages. This requires evidence and documentation. 

Taking the following actions can help ensure the success of your car accident lawsuit:

1. Call 911 and report the auto accident. Ask for the responding officer’s full name and badge number. 
2. Take videos and photos of the accident scene. Document damage to the vehicles, road conditions, your injuries, and anything else that seems pertinent. Speak to any eyewitnesses of the accident and take down their names and contact information.
3. Seek medical attention as soon as possible. Follow all medical treatments recommended by your doctor and keep copies of your medical bills. Document daily how you are feeling physically and emotionally in the days and weeks after the car accident.
4. Do not post about the accident or your injuries on social media. The other party’s insurance company could find ways to use the information posted to devalue your case.
5. Contact an experienced personal injury attorney as soon as possible and schedule a free consultation.

How Much Does It Cost to Sue Someone for a Car Accident?

After being injured in an accident, you are likely overwhelmed, stressed, and facing a mountain of medical expenses, all while being unable to return to work. Likely, the last thing that you want to worry about is how to pay the legal fees associated with filing a car accident lawsuit.

Minton Law Firm, like most personal injury law firms, represents car accident victims on a contingency fee basis. This means that you do not pay us any upfront costs or fees. 

We only get paid if your case is successful, and then our fee will be a percentage of your verdict or settlement. In other words, if you don’t get paid, you owe us nothing. 

Contact an Arkansas Car Accident Attorney Today

Have you been injured in an Arkansas car accident? Are you wondering how much compensation you are entitled to recover? Our personal injury attorneys would be happy to meet with you and discuss the value of your claim.

As a former insurance adjuster, Justin Minton is familiar with the tactics used by insurance companies to reduce the amount paid out for car accident claims. We, his empathetic legal team, care about the people we represent; that’s why we will fight to maximize your claim and get you the fair compensation you deserve when we take on your case. 

Do not wait to call us. The sooner you contact our personal injury attorneys, the sooner our legal team can begin working on your case. 

Contact our law offices today to schedule a free consultation. Call us 24/7 at 855-Xadjuster or complete the contact form. We proudly serve Little Rock – Pulaski County – Arkansas, Benton – Saline County – Arkansas, and Conway – Faulkner County – Arkansas.

Picture this: Your best friend asks to borrow your car for a quick errand. You happily oblige, but  you get a call minutes later that he or she has been in an accident. After ensuring your friend is safe, panic could set in as you wonder what the repercussions will be. 

You may wonder:

• “Who is responsible for the damages?”
• “Will my insurance cover repair costs?”
• “Will I be held liable for any injuries and medical bills?”
• “What happens if someone else is driving my car and gets in an accident?”

Minton Law has years of experience helping clients in Little Rock, Pulaski County, and throughout the State of Arkansas get the compensation they deserve after a car accident. Schedule a free consultation at our law firm to discuss your case with one of our experienced lawyers.

What Can You Do If Someone Else Crashes Your Car in Arkansas?

Whether your friend borrows your car for a quick trip or your coworker uses it for an important event, you should understand the potential consequences of someone else getting into an accident while driving your vehicle.

What are your legal options if a friend causes a collision in your vehicle? How can our Arkansas car accident attorneys help you protect your legal rights? Consider the following legal concepts of permissive use and vicarious liability.

What is “permissive use” in an Arkansas car accident?

In Arkansas, some auto insurance policies permit additional drivers other than a vehicle’s registered owner to drive the insured vehicle.

This is known as “permissive use” and, in most circumstances, allows dependents and relatives to drive with the car owner’s permission. Other individuals may also be legally permitted to drive your vehicle with your permission, such as:

• Friends
• Neighbors
• Employees

You could be held financially responsible for any damages or injuries that occur when your car is knowingly lent to someone who should not be the person driving your car. For example:

• A known reckless driver
• An individual who is clearly under the influence of drugs or alcohol
• An uninsured or unlicensed driver
• A person who is otherwise legally restricted from driving

What is considered to be non-permissive use?

You should always check that anyone who borrows your car is properly insured before permitting that person to use it. You should also consult with your insurance carrier to see whether there are any restrictions on who can drive your car with coverage. 

But what if someone else drives your car without your permission? When your car is used without your permission, this is considered “non-permissive use.” 

The following are a few different scenarios in which non-permissive use of a car can occur:

• Your car was stolen: The thief driving it caused a multi-car accident
• You lend your car to a friend to travel to work: However, your friend lent it to a neighbor to run errands
• Your teenage relative took your truck to school without asking: He or she assumed it would be okay with you despite not being your dependent or living in your household
• Your ex-spouse is allowed to use your car to pick up your children: However, he or she lets a coworker use it instead

What is vicarious liability?

Vicarious liability is a legal concept holding car owners responsible for the actions of others who drive their vehicles with permission.

For example, parents have the duty to ensure their child is licensed, a safe and responsible driver, and covered by an insurance policy. Additionally, parents are legally responsible for teaching their children and helping them understand the consequences of their actions. 

So even if the parents are not in the car, if their teenager causes an accident in the vehicle, they could be held liable for any damage caused by their child’s unsafe driving. 

This can apply to anyone you allow to use your car, such as:

• Employees
• Siblings
• Parents
• Neighbors
• Friends
• Coworkers

Exceptions to vicarious liability

The principle of vicarious liability may apply even if the driver borrowing your vehicle has his or her own insurance coverage. The car owner’s insurance policy will be the primary source of liability coverage for any damages or injuries caused while using the owner’s vehicle with permission.

However, there are some exceptions to this rule. It depends on the circumstances of the collision and who is determined to be at fault for the car accident.

For example:

• The driver was driving the car without the owner’s permission
• The driver was using the car for an illegal purpose
• The other driver was speeding, ran a red light, or otherwise drove recklessly
• The owner did not know or have reason to know that the driver was unlicensed or otherwise unfit to drive

Will My Insurance Cover Damages If Permission Was Not Given to Use My Vehicle?

Although you may not be responsible for injuries or property damage caused by someone using your car without permission, you might be required to cover the costs of your vehicle repairs – depending on your car insurance coverage.

It’s possible that your insurance policy may not cover accident costs, your repairs, or any damages or injuries that resulted from the accident caused by that driver.

The burden of proof is on the car owner to show that permission was not given to use the vehicle. He or she will have to provide evidence proving you did not allow the individual to use your car. 

Evidence showing you did not allow your vehicle to be used could include:

• Video footage
• Text messages
• Mail correspondence
• Witness testimony

What Happens If My Spouse Wrecks My Car?

Under Arkansas law, if the driver had the vehicle owner’s permission, express or implied, the owner could be responsible for a collision. So if your spouse crashed your car while driving it with or without your permission, you may be held vicariously liable.

Contact your insurance company immediately to report the accident and discuss your options for coverage. If it is determined that you gave your spouse implicit or implied permission to use your car, you could be found at fault. 

Unfortunately, your insurance company could increase your rates or even cancel your policy if they find out that your spouse has a history of serious car accidents or moving violations.

What If My Child or Grandchild Causes an Accident in My Car?

If your child, grandchild, or another relative crashed your car and is over the age of 18 with an  auto insurance policy, his or her own policy would likely cover any damages. 

However, if the driver is under 18 and does not have insurance:

• Your insurance policy could be the primary coverage
• You may have to pay out of pocket for uncovered damages
• The child’s parents may be held financially responsible

You might consider adding your young relatives to your family member or own insurance policy as additional drivers if you intend on letting them drive your car often. This will ensure that all drivers are covered in case of an accident.

What Can I Do If My Friend Lied About Being Legally Able to Drive?

If your friend crashes your car after lying about having insurance or a license, you may end up shouldering liability. 

When you can prove that your friend was not authorized to drive your vehicle, he or she may be subject to:

• Fines
• License suspension or revocation
• Other punitive actions
• Financial liability

If your friend lacks coverage, your own insurance company also may have to cover the damages. The other party may pursue legal action against your friend to recover any damages or costs incurred as a result of the accident.

If you are concerned about liability in this situation, you should consider consulting an attorney who can advise you on your legal rights and options. He or she can also help you navigate any legal proceedings or insurance claims that may arise as a result of the accident.

You should always make sure that anyone you lend your vehicle to is legally able to drive. When unsure, ask for proof of an auto insurance policy and a valid driver’s license beforehand. If you have any doubts, it is better to err on the side of caution.

What If I am Found Liable for the Collision?

If you are found to be at fault, your car insurance policy may be used to cover the damages incurred since many car insurance policies follow the vehicle rather than the driver. However, if the damages exceed the limits of your coverage, you may be liable for the remaining amount. 

This means, even if you were not personally the person driving in the car at the time, you could end up having to pay for:

• Medical bills
• Property damage
• Pain and suffering
• Legal fees

You may also be sued by the other driver or his or her passengers. In a situation where you are found to be at fault in an accident that caused serious injuries or death, you could also face criminal charges.

The specific laws and regulations regarding liability in such situations can vary, depending on your location and the circumstances of the accident, so it is advisable to consult with a legal professional for guidance.

Why Did My Car Insurance Refuse My Claim?

If you let someone else drive your car and he or she caused an accident, your car liability insurance may refuse to pay the claim. This is often because most car insurance policies exclude coverage if someone gets in an accident other than the policyholder.

Of course, each accident is unique. There could be additional reasons your auto insurance coverage was refused including – the jurisdiction where the accident took place. Cases involving a driver who does not own the car are often very complex, so it helps to hire an Arkansas attorney who is familiar with local laws. 

Learn How Our Arkansas Car Accident Attorneys Can Help You

Hiring a car accident attorney is in your best interests, no matter who was driving your car. A car accident lawyer can help you navigate the complex legal system and protect your rights.

At Minton Law Firm, we have more than 25 years of experience in proudly helping clients throughout the state with difficult accident cases. Our team serves the residents of Little Rock – Pulaski County – Arkansas, Benton – Saline County – Arkansas, and Conway – Faulkner County – Arkansas. 

We understand the legal system can be a stressful headache – especially if your problems were caused by someone else. We know the ins and outs of the insurance claims process and how to negotiate with your own insurance company to help you seek the compensation you deserve. 

To schedule a consultation with a car accident attorney about your case, call Minton Law Firm today at 855-Xadjuster. You can also complete our online contact form. Our car accident lawyers are standing by to assist you.

Car accidents can be very traumatic. They often leave both physical and emotional scars that can last for years. In addition to the pain and suffering, you also have to deal with insurance companies, lost income, and more. 

Perhaps one of the most daunting aspects of it all is wondering how long it may take to receive a settlement. Unfortunately, settling a car accident claim is not always straightforward.

While you can’t predict exactly when your car accident claim can be settled, having experienced legal representation by your side can help you understand your options and speed up the claims process. You can consult with Minton Law Firm to find out how this may be possible – call us today at 855-Xadjuster.

It Can Take Up to a Year or So to Reach a Settlement

After a car accident, one of the questions that every victim wants to know is when he or she can expect to receive a settlement. Unfortunately, there is no one-size-fits-all answer to this question, as every case is unique and involves different factors that affect settlement timelines. 

According to one report by Forbes, your auto accident settlement can take anywhere from just a few weeks up to several months – depending on how long it takes for all parties involved to agree on the final sum. If your case goes to trial, this process can be even longer.

In general, however, most car accident cases settle within 6 months to 1 year after filing a claim. It is important not to rush through this process; settling too quickly might mean receiving less compensation than you deserve for your accident-related expenses.

What Factors Affect the Settlement Process?

If you have been involved in a car accident, one of the main questions on your mind is likely to be: How long will it take to receive a settlement for your injuries and damages?

Unfortunately, there is no definitive answer, as the timeline for settling a car accident claim can vary greatly depending on collision-specific factors.

The following are four issues that can affect your settlement process.

1. Injuries and medical care 

Medical treatment can be a major factor in determining the settlement check amount for an auto accident settlement.

For minor injuries, such as cuts and bruises, a settlement may be reached relatively quickly. However, for more serious injuries like broken bones or head trauma that require extensive medical care and rehabilitation, the process may be prolonged. 

This is because it can take some time to fully understand the extent of the conditions and the long-term impact these may have on the life of the injured person. In some cases, where the party has not yet fully recovered and requires further treatment or therapy, it is better to delay settlement in order to assess any future costs accurately. 

This can ensure that all of the medical costs associated with the auto accident are accounted for and that the victim is not left with unexpected expenses down the line.

2. Liability

Another factor that can impact how long it takes to settle a car accident claim is whether liability has been established. In cases where liability is clear-cut and has been admitted by all parties involved, settlements may be reached more quickly.

The complexity of your case can also play a role in determining how long it takes to reach a settlement agreement. For instance, cases with 3 or more cars or a commercial vehicle involved often take longer than those involving only 2 personal cars. 

3. Evidence

The amount of evidence available also plays a role in how quickly a case settles. Clear documentation, such as medical records and police reports supporting your injury claim, can help speed up the proceedings. However, if further investigation or additional documentation is required, this could delay matters.

4. Total expenses

Future expenses related to severe injuries or rehabilitation must be considered when calculating damages. This influences how fast personal injury cases settle.

Recoverable damages may include:

• Lost wages
• Pain and suffering
• Vehicle repairs, and;
• Future medical care

How Can a Lawyer Speed Up the Settlement Process?

Is your car accident settlement taking a long time? Your lawyer can help speed up the settlement process. Hiring an experienced car accident lawyer can help your personal injury claim and achieve a more favorable settlement.

Your lawyer needs time to investigate the accident and gather evidence to support your claim. However, this is an essential part of building a strong personal injury case.

Your lawyer can help you get a faster settlement for a car accident in several ways:

• Gathering evidence: Your lawyer can help gather and preserve evidence related to your injury case. This includes witness statements and or a police report, which can help establish liability and damages.
• Documenting your damages: Your lawyer can help document your damages. These include lost wages and other expenses related to the accident, which can help establish the value of your injury claim.
• Negotiating a fair settlement: Your lawyer can negotiate with the insurance companies on your behalf for a settlement check that fully compensates you for your injuries and damages.
• Filing a lawsuit if necessary: If negotiations fail, you may need to take legal action by filing a lawsuit against the other driver involved in the accident. This can involve going through arbitration or mediation before heading to trial if necessary. 
• Ensuring compliance with legal deadlines: Your lawyer can help ensure that all legal deadlines are met, such as the statute of limitations for filing a lawsuit, which can help expedite the settlement process.
• Providing legal guidance: Your lawyer can patiently help you understand your legal options and handle all of the paperwork and communication with the insurance companies, which can help streamline the insurance claims process.

In addition to helping you in these specific ways, working with a lawyer can also give you peace of mind and reduce your stress. This can allow you to focus better on your recovery and other important aspects of your life.

Steps You Can Take to Reach a Settlement Faster

What can you do to speed up your settlement? Here are some steps you can take to help your car accident claim reach a faster resolution:

• Seek medical treatment promptly. This can help ensure that your injuries are properly documented and establish a clear link between the accident and your injuries.
• Document everything. Keep detailed records of all expenses related to your injury including medical bills, lost wages, and property damage. This may increase the amount of your settlement check.
• Provide all relevant information. Make sure you provide all relevant information to your attorney and the insurance company. Relevant information includes any medical bills, lost wage statements, and other documentation related to your injuries and expenses.
• Respond promptly. If the insurance company or your attorney requests additional information or documentation, respond as soon as you can. This can help prevent unnecessary delays in the settlement process.
• Cooperate with the investigation. If there is an investigation into the accident, you should cooperate fully with the investigators. This can help ensure that the facts of the accident are established as quickly and accurately as possible.
• Don’t rush the process. Insurance companies may try to pressure you into accepting a quick settlement to avoid paying what you deserve.
• Hire an experienced attorney. An experienced car accident attorney can help ensure that your case is handled right. Our attorneys at Minton Law can help you navigate the legal process and work to achieve a fair settlement as quickly as possible.

Keep in mind that every car accident case is different. There may be additional steps you can take to help expedite the settlement process based on the specific circumstances of your case. 

The knowledgeable attorneys of Minton Law Firm in Arkansas know how to help injured clients seek the full amount of compensation they may be entitled to receive. Thus, we can help you learn and understand your legal options.

Is It Faster to Settle Out of Court?

There are pros and cons whether you settle a car accident out of court or go to trial. The best choice for you can be revealed by a careful evaluation of the facts involved in your case. 

Pros

Settling a car accident case out of court can have several advantages, including:

• Faster resolution: Settling a case out of court can often lead to a faster resolution than going to trial, which can be time-consuming 
• Lower costs: Settling a case out of court can be less expensive than going to trial, as it can eliminate the need for costly litigation
• Predictability: Settling a case out of court can provide greater predictability in terms of the outcome; the parties can negotiate and agree on the terms of the insurance check

Cons

However, there are these potential disadvantages to settling a personal injury claim out of court:

• Lower settlement amounts: The insurance company may offer a lower car accident settlement amount than what you could get if you take the case to trial
• Limited legal recourse: Once a car accident settlement is reached, you typically cannot seek more compensation
• Unresolved issues: If the agreement is not clear or does not cover all the issues related to the accident, legal issues may come up later

Our Arkansas-based team at Minton Law Firm can help you learn your legal rights, understand your options, and guide you through the decision-making process.

When Will You Receive Payment Once a Settlement Is Reached?

When it comes to settlements for car accidents, there are two main types:

1. Lump-sum settlement: A lump-sum settlement is a one-time payment made by the defendant or the insurance company to the plaintiff. This type of settlement may be preferred by victims because they can receive all the compensation at once, using the settlement check for medical bills, lost wages, or other expenses as soon as possible.
2. Structured settlement: Structured settlements involve payments being made over time. These payments are typically made on a monthly basis and can be spread out over several years. Structured settlements are often used when large amounts of money are involved. They are also used when the plaintiff has long-term medical needs that will require ongoing care.

Ultimately, the type chosen will affect how long it takes to receive your money.

Our Little Rock, Arkansas Car Accident Lawyers Are Ready to Help

In summary, the length of time it takes to get a car accident settlement for your injuries depends on several factors. It is crucial to have an experienced personal injury lawyer by your side who can guide you through the claims process and help you seek the fair settlement you deserve. 

Our legal team at Minton Law Firm has years of experience helping car accident victims recover compensation. If you are involved in a car accident or any motor vehicle collision that causes serious injuries or property damage, please don’t hesitate to contact us.

When we take on your case, our attorneys will work tirelessly on your behalf to ensure that you receive the maximum settlement possible for your case. Contact Minton Law today at 855-Xadjuster or complete our contact form to schedule a free case evaluation.

A serious car accident can upend your life in a single moment. And the burden of proving that you are not at fault for the accident can cause further stress and frustration.

The personal injury lawyers of Minton Law Firm can work to help you establish the facts of your case and navigate your legal options. We believe that every accident victim deserves fair and complete compensation for his or her losses.

Reach out to us today at 855-Xadjuster to schedule a free consultation with an experienced car accident attorney.

Establishing Fault in a Car Accident Claim

In order to prove fault in a car accident claim, you will need to establish that the other driver was negligent. In a car accident case, the person found to have caused the crash is usually financially responsible, probably through his or her car insurance provider, for the resulting damages.

In order to prove the other driver’s negligence in a car accident insurance claim or in court, you will need to demonstrate the following:

• The law required the other person involved in the accident to be reasonably careful
• The other person failed to practice proper care
• You suffered injuries or personal losses
• Your injuries and losses were a direct result of the other person’s negligent behavior

Arkansas is considered to be a modified comparative negligence state. This means that if you are found to be at least 50 percent at fault in causing the accident, you are barred from recovering compensation for accident-related damages.

Factors for Determining Fault in a Car Accident

At times, it is crystal clear who was at fault for an accident. However, determining fault is sometimes anything but a straightforward process. It is not uncommon for two or more drivers to share some of the blame for causing the collision.

In determining fault, an insurance adjuster or court will consider the complete circumstances of the accident. This may include weather and road conditions, the physical and mental state of each driver, and other environmental factors.

Contributing factors that can mean a driver is at fault for a car accident may include:

• Driving under the influence: If one of the drivers was found to be intoxicated or otherwise impaired at the time of the accident, he or she will likely be found at fault. Drunk driving is against the law. Intoxicated drivers must be held responsible for the harm they inflict on others.
• Distracted driving: Texting while driving, trying to input something into the GPS, or even putting on makeup can easily result in a driver taking his or her attention off the road long enough to cause an accident.
• Driver fatigue: Drowsy driving can impair a person’s driving in a similar way to drunk driving. If a driver falls asleep at the wheel or has delayed reactions due to fatigue, he or she may cause a serious accident.
• Traffic infractions: Traffic rules and laws are in place to prevent collisions. If a driver received a traffic citation or ticket after the car accident, the insurance companies or court will likely consider this as proof that he or she did something wrong and thus caused, or significantly contributed to, the crash occurring.

An experienced car accident lawyer can help you gather and sort through all the evidence related to your car wreck. Presenting clear and compelling proof of the other driver’s fault in causing the accident will greatly improve your chances of resolving the accident claim in your favor.

Steps You Can Take to Help Prove You Are Not At Fault

Proving fault in a car accident is critical if you are seeking to recover compensation for your damages. This might mean proving the other driver’s negligence or disputing a finding that you were at fault for the crash. 

There are many reasons why it is important to establish fault after a car wreck. Your ability to prove liability for the accident could impact the cost of your car insurance premiums, as well as your options for pursuing a personal injury lawsuit down the road.

The following are some steps you can take to help determine fault in the aftermath of a car accident.

Document the accident scene

Take pictures, and video if possible, at the scene of the accident. Document the vehicle damage, as well as the surrounding area. The physical damage and the position of all involved vehicles could indicate how the accident occurred.

By taking plenty of pictures at the scene, you may be able to assist your car accident lawyer piece together how the accident happened. For example, your photos may indicate that a rear driver hit you or that the other driver ran a red light or stop sign.

Photos of the accident can be vital pieces of evidence. In the event that you are too shaken up or injured to take pictures, try to ask a bystander to take them for you.

Exchange contact and insurance information with the other driver

It is important to exchange contact information with everyone who was involved in the car crash. You will want to take down the names, phone numbers, and driver’s license information of the other drivers.

Make sure to get the car insurance company name and policy number of each driver. If multiple cars were involved, take down the license plate numbers of each.

You will need all of the above information when you file your car accident claim with the insurance company.

Collect eyewitness contact information

Try to get the contact information of anyone who may have witnessed the accident take place. Third-party eyewitness testimony can be invaluable in proving that a negligent driver was truly at fault in a traffic accident. 

It is wise to get the contact information even of a person who did not see the car accident take place but came onto the scene immediately afterward. He or she may be able to provide valuable information for your case, such as the road and weather conditions at the time of the collision, as well as the injuries and behavior of those who were involved in the crash.

Get a copy of the police report

When a police officer responds to a car accident, he or she will likely interview you, the other driver, and anyone else who may have witnessed the accident take place. The police officer will then write an accident report, documenting what occurred.

The report may include the responding police officer’s opinion that a driver committed one or more traffic violations, thereby causing the accident. It is important to get a copy of the official police report for the accident when you are attempting to prove or dispute fault for a car wreck.

The law enforcement agency, your lawyer, or insurance adjuster can help you to obtain a copy of the police report.

Obtain traffic camera footage

More and more often, major roadways and intersections have traffic cameras installed. These cameras are in place to record traffic violations and hold at-fault drivers responsible for their negligent behavior.

Traffic camera footage often assists in establishing the circumstances that led up to the car crash and proving fault in an insurance claim or car accident lawsuit.

Research your local traffic laws

Traffic laws come into play in most car accident cases. For instance, the at-fault driver may have been speeding, run a red light or stop sign, or he or she may have made an illegal left turn. 

Arkansas motor vehicle and traffic laws can be found online. Focus your research on the specific traffic laws that may have had a bearing on your car accident. By researching and understanding the applicable traffic laws, you may be able to prove that the other driver caused the car crash.

Seek immediate medical treatment

If you sustained even minor injuries in the car accident, it is in your best interest to see a doctor as soon as possible after the wreck. Immediately addressing your injuries may help ensure the best treatment plan and result in a shorter recovery period.

Medical records detailing the extent of your injuries and the impact they have on your quality of life are also needed to properly support an injury claim.

Do not admit fault for the accident

Accident scenes are often hectic and emotionally charged. It can be nerve-wracking to speak with the other driver, police officers, or insurance companies.

It is important to remember that what you say at the accident scene can have a direct impact on the outcome of any accident claim or personal injury lawsuit.

Never admit fault for the accident. Even the suggestion that you may have been at fault for the crash will weaken your credibility going forward. Don’t post details of your accident on the internet or social media either.

As a rule of thumb, keep the particulars of the car accident between you and your personal injury lawyer.

Inform your own insurance company of the car accident

When you are in any kind of car accident, it is important to let your insurer know right away. The insurance company needs to know about any incident that may trigger coverage or lead to filing a personal injury or damages claim.

Hire a car accident attorney

An experienced accident lawyer is the advocate you need to prove that you are not at fault for a car crash. A personal injury attorney can go to bat for you by collecting evidence and submitting documentation to prove your case. 

If need be, your lawyer can take on the other driver’s insurance company in order to fairly resolve your accident claim.

Potential Compensation in a Car Accident Claim

Under Arkansas comparative negligence law, in a car accident case, you may be eligible for compensation if you are found to be less than 50 percent at fault for the accident. 

Accident losses can range in severity and may involve a totaled vehicle, debilitating physical injuries, and emotional pain and suffering. A personal injury lawyer can help you identify all the losses you have suffered and what type of compensation you may be eligible to pursue.

Depending on the circumstances of your accident, you may qualify to attain restitution for:

• Cost of current and future medical bills
• Past, present, and future lost wages
• Reduced earning capacity
• Pain and suffering
• Property damage
• Out-of-pocket expenses related to or as a result of the accident
• Emotional pain and anguish
• Reduced quality of life

The extent of your damages and the amount of responsibility you bear can directly affect the amount of compensation you can receive. The more serious your accident, the higher likelihood of significant damages. 

The understanding and supportive lawyers at Minton Law Firm can assess the extent of your damages in order to pursue a fair settlement agreement.

Contact Experienced Car Accident Lawyers for Help

Serious auto accidents can leave you suffering physically and reeling emotionally. At times, it can be difficult to determine fault in an auto collision. 

Trying to navigate the insurance and legal system can be an exhausting and exasperating experience. The car accident lawyers of Minton Law Firm can help you through every step of the process.

If you find yourself needing to prove fault for the accident, you do not have to go it alone. Our legal team is dedicated to fighting for the rights of Arkansas car accident and injury victims. 

As a former insurance adjuster himself, Attorney Justin Minton knows the ins and outs of the insurance industry. If the insurance company denies your claim, he is especially equipped to challenge their decision and has made sure his legal team members are also ready to handle the complications.

At Minton Law Firm, the future well-being of each of our clients is a priority. Once we take your case, we will work tirelessly to help you achieve the fullest financial and physical recovery possible. 

We believe that every accident victim deserves strong legal representation.

Our attorneys work on a contingency fee basis, so we do not charge any upfront costs or fees. You only have to pay us if and when your car accident case is successfully resolved and you get money for your claim.

Call us today at 855-Xadjuster or complete our contact form to schedule a free case review. A member of our legal team is standing by to take your call 24 hours a day, 7 days a week.