Rights can empower you. They allow you to protect yourself from financial loss and seek justice after a personal injury accident. Therefore, understanding your legal rights is crucial.
Seeking the guidance of a legal professional is wise. Personal injury lawyers can help you better understand your rights and how these apply to your situation. They can also navigate the legal processes, demystify complex legal jargon, and advise you of the best course of action to achieve the desired outcome.
Consulting a personal injury lawyer ensures you are well-informed and equipped to make informed decisions regarding your legal rights after an accident. At Minton Law Firm, your initial case review is free. Schedule your appointment by calling 855-Xadjuster or click the Live Chat icon on this page for immediate assistance.
Before You File a Legal Motion
Determining whether your personal injury case meets the criteria is essential since courts reject ineligible claims. Before you start a personal injury lawsuit, you should verify your eligibility. The personal injury lawyer representing you would likely take the following actions to see if you qualify for a personal injury claim.
Identify the actual cause of the injury
Two types of causation are often considered during the legal process.
First, actual cause (also known as cause-in-fact) refers to personal injuries that would not have occurred if the at-fault party had not done something or failed a duty. This concept is easier to understand with an illustration.
Suppose a trucker races another car on the highway, driving 30 miles over the speed limit. The driver loses control of the truck and crashes into your vehicle. The serious injuries you experience due to the collision require medical attention.
Since the trucker lost control due to speeding, thereby causing the car accident, a personal injury lawyer can argue that your injuries occurred due to his negligence.
Identify the proximate cause of the injury
The second type of causation, proximate causation, can be more complex than actual causation. It is sometimes based on a chain of events rather than one specific action. To understand how proximate cause works, let’s consider a variation of the same example mentioned above.
Suppose the speeding truck driver loses control of his or her semi-trailer. The rig crashes into another car which is sent into your lane and crashes into your vehicle.
In this scenario, the driver of the car that hit you might not be liable for the damages. Rather, according to proximate cause, both you and this other motorist are accident victims.
The trucker caused the car accident. Therefore, an experienced car accident attorney would pursue compensation from the trucker’s insurance company rather than the other innocent motorist.
Evaluate the extent of the damages
Once the experienced attorney representing your personal injury claim identifies the liable party, the next step is calculating a fair settlement for your losses. Personal injury laws in each state determine what kind of damages you can claim and how much of each is permissible.
Some common damages include:
- Current and future medical bills
- Lost income
- Future lost wages
- Compensation for emotional pain and suffering
- Reimbursement for property damage repair or replacement
- Punitive damages in cases of extreme negligence or recklessness
- Survivors’ benefits for close family members of those involved in wrongful death accidents or on-the-job fatalities
A strong personal injury lawsuit depends on solid evidence. Thus, a competent personal injury attorney would work hard to document your losses. For instance, he or she might collect medical records, pay stubs, and auto body repair estimates to ensure you receive the compensation you deserve.
Before You Settle Your Personal Injury Claim
What should you do if an insurance company offers you a settlement? You might assume that the amount is the best you can expect to receive. But before you make a mistake, contact an experienced personal injury attorney.
Remember future medical treatment expenses
You should seek medical attention immediately after auto accidents and other personal injury-causing incidents. While you might recover quickly from soft tissue injuries, broken bones, spinal cord injuries, and other accident-related medical conditions can take years to heal.
For example, research indicates that traumatic brain injuries (TBIs) are a leading cause of long-term disabilities. In one study, the medical records of TBI patients revealed cognitive and behavioral disturbances up to 8 years after the onset of their brain injury. Some coping with moderate or severe TBI might need ongoing medical treatment for the rest of his or her life.
If you or a loved one needs ongoing professional support at home or a medical facility, will the minimal settlement offered by the insurance company cover these medical bills?
At Minton Law, our personal injury attorneys pursue maximum compensation for our clients.
Gather evidence to maximize your payout
Significant medical expenses can seem overwhelming. Insurance adjusters know that accident victims are often under tremendous pressure. Unfortunately, some parties take advantage of the situation.
Sometimes, an insurance company refuses an initial accident claim. Unscrupulous insurers know that some people will give up, not realizing that claimants can appeal denials. In other insurance claims, fixable errors cause delays or lower than necessary payout amounts.
Personal injury lawyers work to ensure you get every penny you are due. Besides medical expenses, your car rental fees, household help, and other expenses might qualify as damages.
To assist your personal injury lawyer, save and share items of evidence that could support your case, such as:
- Photographs and videos of the accident scene, your injuries, and property damage
- A copy of the accident report from your employer or a law enforcement officer in the case of a car accident claim
- Salary information like tax returns, pay stubs, and requests for sick leave to prove lost wages
Why not visit our law offices for a free consultation before you settle? You might be surprised to discover the actual value of your personal injury lawsuit.
Before the Statute of Limitations Runs Out
A statute of limitations is a time limit for filing a personal injury lawsuit. Each state sets its own deadlines.
If you don’t file a claim before expiration, you could lose your right to seek compensation for your injuries. Therefore, you must take legal action within the specified time frame to protect your rights and have a chance at receiving the compensation you deserve.
Having a statute of limitations for personal injury cases offers several advantages. Consider the following.
Avoiding lengthy or delayed personal injury cases
First, setting a time limit within which a lawsuit can be filed ensures that cases are resolved within a reasonable period, preventing prolonged legal battles. It provides a sense of closure and finality to both the victim and the accused party.
Preserving important evidence of your claim
Additionally, a statute of limitations promotes the preservation of evidence. For instance, an accident report might contain details about broken traffic signals, faded road markings, or sharp curves.
Photos or video of the scene must be taken as soon as possible. Years later, the area might have changed so much that it would be difficult to prove how road conditions contributed to your car crash.
Over time, a key witness could die, move without sharing contact information, or forget significant details of the incident.
Personal injury attorneys often record witness testimony promptly to ensure their memories are as sharp as possible. Recently gathered proof and eyewitness testimony ensure that facts presented in court are fresh and reliable, increasing the chances of a fair outcome for your personal injury case.
Allowing time to overcome obstacles
A personal injury lawyer might interview medical professionals, negotiate with insurance companies, and document evidence of how and why the accident occurred. These activities are enough to keep anyone busy, but time pressure mounts when challenges arise.
Time-consuming issues could include:
- Insurance claim paperwork: In addition to initial documents, an insurance company might request more evidence of your injuries. They could also take issue with medical bills, asserting that some of your medical treatment is unnecessary.
- Health problems: As you recover, you might not always be available to speak with your personal injury law team regarding your case.
- Bad faith insurer actions:Bad faith is when an insurance company intentionally delays the claims process. They might ask for non-essential documents or subject you to overly tedious procedures to wear down your resolve. Then, they might offer a settlement amount much lower than you deserve, hoping that you will accept out of desperation.
- Multiple parties: Dealing with more than one injured person or at-fault party can make matters difficult to handle.
Entrusting your case to an experienced personal injury attorney is an excellent way to ensure your personal injury claim is handled efficiently.
When You Have Questions
Having questions about personal injury laws is natural. Getting legal representation can ensure you have access to trustworthy answers from professionals in the field. Getting reliable information ensures you clearly understand your legal rights and options regarding an injury or accident.
Many personal injury lawyers review personal injury cases at no cost. During your free initial consultation at Minton Law Firm, we welcome your questions, such as:
- Do I need an experienced attorney for my case?
- What will the claims process be like?
- What would be fair compensation for my injuries?
- How long does a personal injury lawsuit take?
- Will I need to go to court?
- Will you talk to the insurance company for me?
- How much does legal representation cost?
- Do I qualify for pain and suffering damages?
- Is the insurance company offering a fair settlement?
- What happens if I am partially at fault for a car accident?
Clearing away your doubts can bring much-needed peace of mind. Equipped with sound legal advice from a reputable personal injury law firm, you can make wise decisions and avoid costly mistakes.
Consult Personal Injury Lawyers Near You
You might wonder what happens when you consult our legal team. At Minton Law, we first listen to your account of how the injury occurred, noting relevant details about your case. Next, we will assess the strength of your case and discuss your options.
What if you have questions about the legal process or the steps involved in pursuing fair compensation? Our team members can explain whether you qualify to seek compensation from the at-fault party for medical bills, lost wages, and pain and suffering damages.
You don’t have to worry about upfront fees. Most personal injury cases qualify for our contingency fee arrangement. We charge for our services only after we win money on your behalf.
A free consultation with an Arkansas personal injury lawyer is a priceless opportunity to seek legal advice, understand your rights, and determine the viability of your case without any financial obligation.
Schedule your free consultation by contacting us anytime at 855-Xadjuster. You can also visit us in our nearby law offices in Benton, Conway, Sherwood, Russellville, and Hot Springs, Arkansas.
