Can You Sue a Business for a Slip-and-Fall in Arkansas?

A "Caution: Wet Floor" sign on business premises.

A serious slip and fall injury can turn your life upside down in the blink of an eye. Sadly, such accidents account for over 1 million emergency room visits annually across the United States.

An exceptionally bad fall can permanently impact your life. If you sustained a traumatic fall in a place of business in Arkansas, you may be wondering whether you can pursue compensation by filing a slip and fall claim against the business owner.

Falling in a public place does not automatically warrant pursuing a legal claim. However, if you can prove that you suffered an injury due to a dangerous or hazardous condition on someone else’s property, you may have valid grounds on which to sue.

In this post, we will discuss the concept of premises liability under Arkansas law and how this impacts slip-and-fall accident claims. We will then consider what evidence will aid your claim and how a personal injury attorney can help a fall victim build a case.

Establishing Negligence and Liability After Falling in a Place of Business

For there to be grounds to sue the property owner or file an insurance claim after a fall, you must be able to prove negligence on the part of the owner or his or her representative.

Slip and fall claims generally fall under premises liability laws. In the State of Arkansas, both public and private property owners have the legal obligation to ensure that their premises are reasonably maintained and safe for visitors.

When a dangerous situation arises, it is the property owner or manager’s responsibility to take reasonable steps to remedy the problem without delay. Until the issue is resolved, customers and other members of the public must be warned of the potentially hazardous situation.

After falling in a place of business, to establish negligence against the property or business owner, you will need to prove:

That there was an unsafe condition that existed on the premises
That the business owner or management was aware – or should have been aware – that the unsafe condition existed
That the business owner or management failed to remedy – or put up proper warning signs of – the unsafe condition in a timely manner
That you fell and were injured as a result of the business owner or management failing to act to correct the unsafe condition

Oftentimes, slip-and-fall accident claims are less than straightforward. Although the business or property owner legally owed you a duty of care, it may be more challenging than you realize to prove the property owner’s fault after a slip and fall injury.

When facing complications in seeking compensation after falling, an Arkansas slip and fall lawyer can help you establish the circumstances that led up to your fall. This will enable you to show liability and build a strong foundation for a successful slip and fall lawsuit.

The Value of Convincing Evidence in Slip and Fall Cases

In order to successfully pursue a slip and fall lawsuit, you should gather as much compelling evidence against the negligent property owner as you possibly can.

Document the incident thoroughly. No piece of evidence is too small – and the more evidence you have, the more solid your case will be.

Document and retain the following:

The location where the fall injury occurred
The time and date of the accident
Accident or incident reports
The cause of the accident, such as a wet floor, broken handrails, or debris in the aisle
Eyewitness statements and contact information
Surveillance footage revealing how the accident happened and the resulting injuries
Photos or videos at the scene of the fall that document the dangerous condition
Photos of your fall injuries, such as bruises, lacerations, or broken bones
Medical records related to any treatment for your injuries
Medical bills or medical expenses stemming from your slip and fall injuries
Proof of lost wages as a result of having to miss work after the accident
Any applicable workers’ compensation insurance or disability forms
The shoes and clothing you wore, in the condition they were in after the fall
Receipts of any out-of-pocket expenses connected with the fall injury case

It is wise to save any evidence you have collected for the full duration of your slip and fall case. Presenting evidence of the property owner’s negligence, as well as proof of your injuries and damages, will significantly strengthen your case.

How Arkansas Comparative Fault Laws May Impact a Slip and Fall Claim

Arkansas is a modified comparative negligence state. Under this law, a business may not be held liable for your fall injuries and other losses if your own actions mainly caused the slip-and-fall.

After a fall accident in Arkansas, you will need to prove that you were 49 percent or less at fault for the incident to recover damages.

For instance, say you were texting while walking through the grocery store and thus failed to see a wet floor sign. An ordinary person is expected to take reasonable care to avoid any dangerous situation he or she may come upon, if at all possible. Therefore, in such cases, the business may not be solely liable for your resulting fall injuries.

Nevertheless, even if you are partly to blame for your fall injury, you may still have a legitimate claim against the business or property owner. That said, insurance adjusters will almost certainly endeavor to use the comparative negligence statute to deny or weaken your case. An experienced Arkansas slip and fall attorney can evaluate the strength of your claim and negotiate with the insurance company on your behalf.

The Benefits of Hiring a Lawyer for a Slip and Fall Claim

It is no simple task to collect evidence after a slip and fall injury. Further, organizing the evidence and assessing the real cost of damages in order to negotiate a settlement or take the case to court can be stressful and time-consuming.

A lawyer can do much of the footwork for you so that you can focus on your recovery. Your slip and fall attorney can conduct his or her own investigation into the incident, interview witnesses, and gather evidence that you would not be able to attain on your own.

A lawyer experienced in Arkansas premises liability law will have the know-how required to establish that a property owner was negligent. Moreover, your lawyer will work with you to assign a fair compensation amount for your losses.

Your lawyer will interact with insurance companies and others for you, ensuring that you are not taken advantage of or pressured into an unfair settlement agreement. Additionally, he or she will make sure that all paperwork is filed in a timely manner so no important deadlines are missed. Your lawyer will also argue your case at trial if an acceptable resolution cannot be reached beforehand.

Get Advice From an Experienced Arkansas Slip and Fall Attorney

After an unexpected slip-and-fall accident, filing a personal injury claim or lawsuit against an Arkansas business may seem an impossible feat.

There is no reason to try to do this single-handedly. The empathetic personal injury lawyers of Minton Law Firm are well-equipped to help you through every step of the claims process.

It is not uncommon for claims involving premises liability law to involve difficult insurance negotiations. As a former insurance adjuster himself, our lead attorney Justin Minton knows the intricacies of the insurance industry. Justin is especially qualified to handle any challenges that may come up in a negotiation, and he has made sure his legal team members are also prepared to handle such disputes.

The Minton legal team believes that property owners should be held responsible when they fail to reasonably maintain their premises. If you or a loved one has suffered injuries in a slip-and-fall accident in an Arkansas business, we want to hear your story.

Get the help you deserve today. Call the Minton Law Firm at 855-Xadjuster or complete our contact form to schedule a free legal consultation.

Financial Planning After Wrongful Death: How a Lawyer Can Help Secure Your Future

Losing a loved one is emotionally challenging enough, but financial problems may accompany this traumatic event. Unfortunately, grief could easily distract you from the financial planning and legal reparations that could ensure your long-term well-being and that of your family.

When your future is at stake while you are still grieving, a personal injury lawyer can play a crucial role in helping you regain your financial stability. Indeed, an experienced lawyer can assist you in traversing the complex legal landscape to pursue a wrongful death settlement.

In this article, we will first discuss practical steps you can take to ensure your family’s financial well-being after losing a loved one due to someone’s negligence. Then, we will explain how a wrongful death attorney can put his or her legal knowledge to work – to secure your financial future.

How to Go About Financial Planning After Wrongful Death

Financial planning ensures that you and your family can continue to be supported without your absent loved one’s contributions. When you take this step, make sure to consider both recent bills and the long-term costs.

When a personal injury attorney takes on your case, he or she will also make these factors a top priority when securing compensation by means of your wrongful death claim or lawsuit. Thus, a personal injury lawyer can guide you through the following steps to maximize your settlement.

1. Consider your current financial situation

How were your family’s finances prior to your loved one’s passing, and how has your tragic loss affected your money situation?

To determine your current situation, first:

Evaluate your current financial status: Assess your current financial situation, including bank accounts, reliable income, outstanding debts, and immediate expenses.
Add up your loved one’s medical bills: Did the accident that led to your loved one’s death land him or her in the hospital and/or call for surgery? In such cases, don’t overlook any medical bills that your deceased loved one may have incurred prior to death. You may end up being the one billed for these costs, in which case a survival action may need to be filed.
Consider other accident-related costs: If your loved one died in or due to a personal injury accident, then property damage and other costs that would have been paid to him or her in the event of survival should be counted up as well. For instance, is the family car damaged? You will need repair or replacement costs covered.
Identify your family’s immediate needs:Determine urgent financial needs such as daily living, funeral, and burial expenses.

2. Seek income replacement and support

Was your loved one who passed away the breadwinner in your family? If so, our hearts go out to you for the stress you must be feeling under such unexpected changes and growing financial pressure.

Please be aware that the following avenues may be open to you:

Life insurance benefits: If the deceased had life insurance, file a claim to receive the benefits, which can provide immediate financial relief
Social Security benefits: If you are eligible, apply for Social Security survivor benefits, which can provide ongoing financial support for minor children or a surviving spouse
Retirement accounts: Check for any retirement accounts or pensions and understand how to claim these benefits

3. Manage debt

Unfortunately, debt does not simply vanish upon the passing of the debtor. At the same time, though, if the debts owed exceed the assets of the deceased person’s estate, then the remaining balance either goes unpaid or someone else may be held liable.

In some states, you could find yourself facing medical bills or other debts that your loved one left behind.

When determining the debt you may owe, consider the following:

Credit card debt
Medical debt
Mortgage debt
Student loan debt

Once you have reviewed all outstanding debt owed by you and your deceased loved one, identify and prioritize them as necessary. To reduce financial strain down the road, you could focus on paying off high-interest debts first.

A personal injury lawyer may advise you on protecting your interests from creditors who may have claims to the wrongful death settlement funds.

4. Consider taxes

Don’t forget about both your taxes and those of the deceased party. While not all your loved one’s debt may be imposed on you, remember that tax authorities are usually given priority as creditors.

Ensure that all taxes for the deceased’s estate, property, and income are filed correctly and on time.

You should also be aware of any tax implications related to the settlement or inheritance. For instance, most wrongful death settlements are not taxable, whether awarded as a structured settlement or lump-sum payment. However, a lump-sum payment may be subject to income tax when used to purchase traditional investments, such as interest.

According to the IRS, punitive damages may also be taxable in certain states. Consult a tax professional to make sure you avoid problems.

5. Review your insurance coverage

Taking time to refresh yourself on the insurance coverage you have may help you find ways of addressing your financial situation while also revealing your need for new policies.

Take these steps:

Start by evaluating existing insurance policies, including health, auto, and home insurance – to ensure adequate coverage and adjust as necessary.
Consider taking out new policies as well. Depending on your new financial situation, consider purchasing additional insurance policies, such as life or disability insurance, to protect your family.
Calculate how much you are entitled to receive via life insurance. A wrongful death attorney is qualified to help you with this step, and his or her advice could be especially invaluable in case the insurance company denies you benefits or offers a settlement that isn’t enough to cover your long-term financial needs.

When a wrongful death lawsuit against a stubborn insurance company becomes necessary, your personal injury attorney will let you know. He or she can take on this legal burden for you, so you can continue focusing on your and your family’s recovery during this difficult time.

How a Lawyer Can Help You Get a Fair Wrongful Death Settlement

When you have a wrongful death case on your hands, the right personal injury lawyer for you will be experienced with wrongful death cases and can also evaluate your long-term financial needs.

Experienced wrongful death attorneys have seen cases like yours before and know all the financial implications that can accompany accident-related damages and even your final wrongful death settlement. When lawyers take on your case, they will work closely with you to make sure you and your family get the money you are due – for your survival.

So, when you feel overwhelmed by your situation and the legal processes ahead of you, don’t go it alone. You can seek affordable assistance so you can be fairly compensated for all your losses.

Assessing all economic and non-economic damages

Determining the full extent of damages in a wrongful death case involves more than just calculating immediate expenses. A personal injury lawyer can also add up the non-economic losses – hard to quantify in dollar amounts – that you have suffered due to your loved one’s death, such as loss of companionship.

Negotiating with the insurance companies

When you have a potential or ongoing wrongful death claim on the line, you don’t want to do anything or say something to the insurance company that might forfeit your right to more money. Therefore, leave all negotiations to your personal injury lawyer, who has the know-how to maximize your wrongful death settlement amount.

To make a profit, insurance companies tend to settle claims quickly and for the least amount possible. But your personal injury lawyers will fight to ensure you receive fair compensation, keeping your long-term financial situation in mind.

Filing a lawsuit and going to court on your behalf if necessary

If a fair wrongful death settlement cannot be reached by means of out-of-court negotiations, your personal injury lawyer will be prepared to take the next step. After all, you have options.

For one, a lawsuit can be filed against the insurance company that refuses to treat you fairly. In addition, it may even be possible to obtain further compensation by means of a third-party lawsuit against the responsible party.

Your personal injury attorney can clarify whether these options apply to your case and when each step becomes necessary. In the event your case does go to trial, you can be sure that your wrongful death lawyer will represent your interests, present evidence, and make compelling arguments to secure the compensation you deserve in court.

Giving you free advice on your wrongful death claim and your financial planning

At most personal injury firms, which typically handle wrongful death cases, prospective clients are given a free initial consultation during which their potential legal claims can be evaluated. We also offer free consultations at Minton Law.

During your discussion with us, we can point you in the right direction as far as figuring out your current financial status. You can request that we connect you with financial advisors who can create a comprehensive plan tailored to your specific circumstances.

When we take on your case, we will examine the full financial impact of your loved one’s death on you and your family. Once you get the money you are due, perhaps as a lump-sum settlement, we can help you understand how to manage and invest the amount to ensure your long-term needs can be met.

Get Wrongful Death Settlements Paid With Our Help

Remember that you not only require legal and financial assistance at this challenging time – you also need emotional support. You can find all this when you work with Minton Law.

Our founder, Justin Minton, used to be an insurance adjuster – so he has prepared his entire legal team on exactly how to oppose the insurance companies who want to cut your wrongful death settlement funds short. When you work with us, you don’t have to let them get away with it.

Our compassionate lawyers are ready to maximize your wrongful death settlement funds. We want to see you get through the emotional challenges, through to the other side, to where you can enjoy financial and emotional stability with your family.

Contact our law firm to ensure accurate and effective financial planning that addresses your immediate needs, long-term goals, and family’s unique circumstances. With so many concerns to juggle, seeking the guidance of our wrongful death attorneys will be well worth your time.

Give us a call today for your free consultation at 855-Xadjuster. Our representatives are standing by 24/7 to take your call, which may just be your first step toward achieving long-term financial stability.

Understanding Shared Fault Laws

A serious car accident can leave you physically hurt, emotionally traumatized, and financially broken. If you were partially at fault for the crash, you may be wondering whether you have any legal recourse for compensation.

In this article, we will consider the comparative negligence laws in Arkansas and how they impact vehicle accident claims. We will then discuss how a personal injury attorney can assist you in establishing the facts of your case in order to recover damages.

The Arkansas’ Comparative Negligence Rule Explained

The concept of comparative negligence acknowledges that accidents are often the result of careless actions taken by multiple parties. For instance, perhaps you were involved in an accident where the other driver ran a red light, but you were speeding at the time. Thus, you may each bear some responsibility for what happened.

Different states have different shared fault rules. When determining liability in vehicle accident cases, contributory negligence, pure comparative fault, and modified comparative negligence rules are used throughout the US.

Arkansas uses the modified comparative negligence system. Under this law, you may be able to file an insurance claim and receive a reduced amount of compensation from the other driver, even if you share some degree of responsibility for the traffic accident.

In accordance with the comparative fault rule, percentages of liability are assigned to each driver who contributed to the car crash. As long as you are found to be less than 50 percent at fault for the accident, you may seek damages from the other parties involved.

Examples of Comparative Negligence in Car Accident Cases

Any time you use the roads as a driver, motorcyclist, bicyclist, pedestrian, or passenger, you have an obligation to exercise reasonable care to protect yourself and others. If you fail to act as a reasonably careful person would under similar circumstances, you may be found negligent and thus partially at fault in the event of an accident.

Negligent behaviors that may cause you to share fault for an accident include the following:

Speeding or failing to adapt your driving to poor weather or road conditions
Driving a vehicle that you know has not been properly maintained and has defective parts, such as failing brakes or headlights not working
A driver or passenger who sustained injuries in the car crash but had failed to wear a seat belt
Choosing to ride as a passenger with a driver that you know is intoxicated, reckless, or otherwise unfit to drive
As a passenger, interfering with the driver’s operation of the car or purposely distracting the driver’s attention from the road
As a pedestrian, failing to use crosswalks or properly yield to passing vehicles

Such careless actions may contribute to an accident or its severity. In the aftermath of a vehicle collision, determining the percentage of fault each driver shares is a critical step in pursuing fair compensation.

How a Personal Injury Attorney Can Help After a Shared Fault Accident in Arkansas

Car accident claims in which fault is attributed to more than one person can be complicated. Oftentimes, the degree of comparative negligence is fiercely disputed in personal injury cases. Thus, simply filing an insurance claim after a vehicle accident will not automatically get you the restitution you deserve.

An experienced car accident attorney is the advocate you need in this difficult situation. He or she will understand the modified comparative fault system. Your lawyer can use his or her legal resources and know-how to firmly establish the fault each party shares and provide sound legal guidance in resolving your case as you pursue compensation.

Explaining your legal rights

Your personal injury lawyer can identify the shared fault rules and relevant personal injury laws related to your accident and help you understand how these may be interpreted within the court system.

After becoming familiar with your case, your attorney can give you objective advice on how best to proceed with your claim. Once the percentage of fault has been established, your attorney can clarify the type and amount of compensation you are entitled to under the rule of comparative negligence.

The process of resolving a shared fault accident claim is complex and could involve multiple other parties, including lawyers, medical personnel, and insurance adjusters. A well-practiced lawyer knows how to interact with all involved to uphold your legal rights.

Proving the other driver’s degree of negligence and liability

When drivers share fault, successfully pursuing a personal injury case will depend on whether you can firmly establish the degree of liability of the other party.

A knowledgeable personal injury lawyer will use his or her legal understanding and resources to demonstrate these required elements of negligence:

The at-fault party had a legal duty to adhere to a certain standard of conduct
The at-fault party breached this duty of care
The breach of duty caused your injuries
You suffered real damages as a result of your injuries

Proving negligence is essential if you wish to hold someone else even partially responsible for your losses.

Collecting evidence in support of your claim

Your auto accident claim is only as strong as the evidence you can provide. Further, when your own negligence contributed to the incident, it is critical to gather as much compelling evidence as possible to demonstrate that you were not solely responsible.

An experienced car accident attorney is adept at carrying out thorough investigations after a shared fault collision. He or she will look for any evidence that will prove that you were less than 50 percent responsible for what occurred.

Evidence in your accident case may include:

Police reports
Accident reports
Photos from the accident scene
Traffic camera or other video footage
Eyewitness statements
Emergency medical reports
Medical records related to treatment for your injuries
Medical bills or statements related to the car accident
Proof of lost wages as a result of having to miss work after the accident

In some cases, personal injury lawyers will consult accident reconstruction experts and other industry professionals to determine how the car crash occurred and how much fault should be attributed to each driver. By gathering such evidence, your attorney will be able to lay a solid foundation on which to pursue a favorable outcome on your behalf.

Determining the value of your auto accident claim

Fair compensation in an accident claim involves more than just medical bills and lost wages. While the accident may not solely be the other party’s fault, it is still important that you consider all relevant factors when assessing the extent of your damages.

Your car accident lawyer can help you gauge the full impact of the accident on your life – taking into account your physical, emotional, and financial losses. By carefully assessing your current damages as well as evaluating what your long-term expenses may be, your attorney will make certain that you seek enough compensation – under Arkansas’ modified comparative negligence rule – to meet your future needs.

Ensuring that your accident claim is brought within the allowed timeframe

When an accident victim fails to file a claim before the statute of limitations expires, he or she relinquishes the right to seek compensation for sustained losses. In Arkansas, the statute of limitations for filing most personal injury claims is 3 years from the date of the accident.

Depending on the circumstances of your vehicle crash, the statute of limitations could be even shorter. In view of this, it is advantageous to retain legal representation as soon as possible after the accident.

Accidents involving comparative negligence rules and shared fault may take longer to sort out than others. By giving your lawyer as much time as possible to prepare your claim, you set yourself up for the likelihood of a more favorable resolution. Your personal injury lawyer can thus gather evidence and organize your claim before any applicable statute of limitations expires.

Negotiating with the insurance company on your behalf

Most vehicle accident claims are handled through insurance companies. However, insurance laws and policies can be complicated. Shared fault accident claims are governed by the local comparative fault systems and can be especially difficult to resolve.

Additionally, insurance claims adjusters may employ frustrating tactics to deny or delay even valid claims. Insurance companies generally have the upper hand and will attempt to undervalue your claim and lock you into a settlement agreement before you can fully establish the true fault percentage of everyone involved.

Therefore, it is best not to go it alone when entering insurance negotiations. Dealing with insurance companies without legal backup can result in accepting an unfair degree of blame, resulting in inadequate and unjust compensation.

An experienced attorney, though, can successfully negotiate with the insurance company on your behalf. He or she will know the insurance laws that apply to shared fault accident cases and can interpret the provisions of the insurance policy with regard to coverage, exclusions, and limitations.

With qualified legal representation on your side, you will not be pressured into accepting an unfair settlement – in spite of the modified comparative fault law in Arkansas.

Representing you in court if necessary

In most shared fault cases, insurance negotiations result in an out-of-court settlement. But, if an amicable agreement can not be reached after repeated attempts, the case may go to trial.

Proving your case before a jury and against a team of attorneys representing the insurance company is no easy feat. The other side will likely do all in their power to use the modified comparative negligence rule against you. Therefore, when going to court, it is in your best interests to have seasoned legal counsel backing you up.

Your accident lawyer will help you file your case and ensure that all necessary documents are submitted within the limited time allowed. After an accident, you should hire a personal injury attorney as soon as possible. When you do so, he or she has enough time to become familiar with your case and will be prepared to argue on your behalf in court.

In the end, experienced court representation can ensure a more agreeable outcome and impact the amount of compensation awarded to an accident victim.

Reach Out to Personal Injury Attorneys for the Help You Deserve

Severe auto accidents can leave you suffering physically and shaken emotionally. You may not know how to pursue damages while also recovering from your injuries. Furthermore, if you bear a percentage of fault for the accident, you may not feel confident in the legal recourses available to you.

We realize that navigating the Arkansas modified comparative fault system can be tricky. However, understanding comparative negligence and how it applies to your situation may open the door for you to recover compensation after the accident. The personal injury attorneys of Minton Law Firm would be pleased to help you through every step of the claims process.

If you find yourself needing to prove that the other driver contributed to the accident, our legal team is ready to put our resources to work on your behalf. We are dedicated to defending the rights of Arkansas car accident and injury victims.

Why Choose Minton Law Firm to Handle Your Shared Fault Case

As a former insurance adjuster himself, Attorney Justin Minton knows the insurance industry backward and forward. If the insurance company denies your claim or attributes an unreasonable amount of blame to you, he is especially equipped to challenge their decision. He has made sure his legal team members are also ready to handle complications in such cases.

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 personal injury case is successfully resolved and you get money for your claim. We believe everyone involved in an accident deserves a voice and a chance to make a full financial recovery – even if he or she bears some percentage of fault for what happened.

Call us today at 855-Xadjuster or complete our contact form to schedule a free consultation to discuss modified comparative negligence in more detail. A member of our legal team is standing by to take your call.