An unexpected car accident can result in anything from a minor inconvenience to life-changing, catastrophic injuries. Immediately after an accident, getting yourself and others to safety is likely your first concern.
In the hours and days that follow, though, there are a number of questions that may occupy your thoughts: How am I going to pay for my medical expenses? What are my legal options? Do I need a lawyer?
In this article, we will examine some factors that can determine when you need a lawyer after a car accident – how personal injury lawyers help car accident victims and the benefits of a free consultation with one of the lawyers at our firm.
Factors That Can Complicate a Car Accident Case
The truth is that not every car accident requires the help of a lawyer. The majority of Arkansas car accidents are relatively straightforward to resolve, resulting in no more than minor injuries. However, the assistance of an experienced lawyer becomes essential in serious injury cases.
Let’s examine 5 factors that can complicate a car accident case, making it invaluable to work with a car accident lawyer.
Local car accident laws
Even if you live out of state, car accidents that happen in Arkansas are governed by local car accident laws. Arkansas is an “at-fault” state, meaning that the liable party (the person or entity who was responsible for the crash) is responsible for damages caused by the accident.
Under the modified comparative negligence system in Arkansas, a person can only recover compensation if he or she is less than 50 percent at fault. Even if the person was less than 50 percent at fault, the total compensation that can be recovered is reduced by his or her percentage of fault.
In no-fault states such as Arkansas, a car accident claim can become more complex if liability is debated or shared between both parties – as this affects the amount of compensation that will be awarded, if any.
The number of parties involved
A simple, straightforward car accident case involves only two parties. In some cases, though, there are multiple parties involved, each with their own level of responsibility.
This is obviously the case in a multi-vehicle collision. Handling such a case involves communication and negotiation with multiple insurance companies, as well as the understanding of multiple insurance policies.
However, even accidents that appear to involve only two parties may have other factors at play. Mechanical failures, poor road design or maintenance, and other circumstances can implicate additional responsible parties.
In such complicated situations, victims often benefit from the experience and knowledge of a car accident lawyer. Your lawyer will thoroughly examine the circumstances related to your case in order to identify all potentially liable parties, increasing your chances of recovering full compensation for your losses.
The parties involved
Car accident cases can become more complex depending on the type of party or parties that were involved.
These types of complex cases can include car accidents that involve:
- Government agencies – Vehicles owned by local, state, or federal agencies
- Commercial companies – Semi-trucks, garbage trucks, etc.
- Rideshare vehicles – Whether the driver was transporting a passenger or en route to picking up a passenger at the time of the collision
Especially in the case of government agencies, there are specific laws and procedures that must be followed in these cases. These do not always follow the same process or allow the same legal options as a car accident between two family vehicles, for instance.
In these types of complex cases, the other side is likely to have its own legal representation to protect its interests. You will require an experienced car accident lawyer to work against these parties to protect your interests.
The amount of damages
As mentioned, many car accidents result in minimal property damage or medical injuries. In these cases, the help of a car accident lawyer is often unnecessary. However, many car accidents result in serious injuries that may cause long-term or permanent disabilities.
Serious injuries include:
- Broken bones or fractures
- Internal bleeding
- Organ damage
- Partial or full paralysis
- Traumatic brain injuries
- Disfigurement
It can be surprising how quickly damages in an Arkansas car accident case can begin to add up. Let’s consider just the aspect of medical bills and expenses.
At the University of Arkansas for Medical Sciences, the gross standard charges for some medical procedures are provided according to the 2024 hospital price transparency information. For OR procedures for traumatic injury, the cost is nearly $170,000 (with a major complication or comorbidity) or nearly $59,000 (without a major complication or comorbidity).
The hospital price transparency also lists costs for services and procedures such as:
- ICU bed service
- Fracture of hip and pelvis
- Fracture of femur
In addition to medical bills and expenses, there are often additional financial damages incurred from a car accident, such as lost wages.
When a lawsuit is necessary
While there are situations in which the help of a lawyer is key to recover compensation through an insurance claim, the assistance of an experienced attorney is especially invaluable when filing a personal injury lawsuit.
In general, car accident victims in Arkansas choose to pursue a personal injury lawsuit for one of two reasons.
One reason is the damages exceed your insurance coverage. When an accident causes significant property damage or physical harm, it may max out the limits of the insurance policy. In these cases, a victim may consider pursuing a personal injury lawsuit against the responsible party or parties to recover appropriate compensation.
Two, victims may consider a personal injury lawsuit to recover compensation for damages that are not included in an insurance settlement. Many insurance policies do not offer compensation for non-economic damages such as pain and suffering and emotional distress. In these cases, a personal injury lawsuit is often the only way to recover compensation for these non-economic losses.
How Arkansas Car Accident Lawyers Help Victims
Personal injury lawyers play an important role in supporting accident victims and representing their interests. Having an experienced professional on your side levels the playing field and minimizes the legal burden on your shoulders so you can focus on recovery.
Let’s consider 3 main ways that car accident lawyers help victims: by communicating with the insurance company, gathering evidence, and fighting for maximum compensation.
Communicating with the insurance company
No matter how they present themselves, the reality is that insurance companies are still primarily in the business of protecting their own bottom line. As the amount of damages begins to rise, so does the effort of the insurance company to find ways to avoid paying out. The insurance company may attempt to devalue the claim or simply deny compensation completely.
Therefore, you must be cautious when communicating with the insurance company. Even what may seem to be innocent statements on your part could be used by them to undermine and undervalue your claim.
When you work with an accident lawyer, though, he or she takes over the communication with the insurance company. There’s a reason why, on average, cases that are handled by attorneys recover more compensation than cases where the victim represents himself. When faced with an experienced lawyer who is well-versed in the law, insurance companies are unable to use the same tactics they may try on a stressed, injured, and overwhelmed victim.
Even if you do not end up hiring a personal injury lawyer to represent you after a car accident, a free consultation can help you avoid some common mistakes that can minimize your chances of recovering compensation.
Gathering evidence
It is not always simple or straightforward to determine fault after a car accident. However, in at-fault states such as Arkansas, the amount of a person’s fault in the accident directly corresponds to the amount of compensation that he or she can recover.
An important role of car accident attorneys is gathering evidence to prove fault. This may involve conducting interviews with eyewitnesses, finding video footage, consulting accident reconstruction experts, and other steps to ensure that fault is accurately determined.
Fighting for maximum compensation
When an accident victim tries to handle his case alone, he may not fully understand what legal rights and options are available to him.
Effectively communicating with the insurance company and gathering sufficient evidence are both ways that a car accident lawyer ensures the client recovers fair compensation.
In addition, an experienced car accident attorney can fight for maximum compensation in a few other ways as well. He or she can:
- Identify all potentially liable parties: When more than one party was partially responsible for the crash, compensation can be recovered from each liable party. This increases the amount of compensation a victim can recover for his or her damages.
- Claim and prove all eligible damages: An injury victim may not know what types of damages should be covered after a car accident. Working with a lawyer ensures that your car accident claim includes all eligible damages along with the necessary proof of these losses.
- Follow all rules and deadlines: A claim or lawsuit can be denied if certain filing rules or deadlines are not followed. Your attorney will adhere to all applicable procedures and deadlines to ensure your claim is properly processed.
The First Step in Recovering Compensation After an Arkansas Car Accident: Schedule a Free Consultation
In reality, whether you plan on securing legal representation or not, scheduling a free consultation with our firm is always a good idea. It is an opportunity for you to get answers to your questions and make an informed decision about your case.
Get the answers to your questions
You likely have many questions about compensation, fault, and communication with the insurance company in the aftermath of an accident. These cases can be confusing, and it is easy to become overwhelmed with information and feel unsure of what to do next.
During a free consultation with our law firm, we will address your questions, take the time to understand your situation, and offer clarity and insight on your legal options.
Make an informed decision
The decision to hire an attorney after a car accident can be a life-changing one. You may be eligible for sizable compensation but held back by wondering whether you need legal representation or not – or else you may know that you would like to work with a lawyer but are unsure of which firm is the best fit for you and your family.
Your initial consultation is free, and there is no obligation for you to retain our services after a consultation. You can use that opportunity to learn about who we are as a firm, what we value, and how we work for our clients. Then you will be in a better position to make an informed decision about your next steps.
If you have been injured in an Arkansas car accident, call Minton Law Firm today. Our team is dedicated to providing our clients with quality representation that meets both their needs and those of their families.
Learn more about the difference an Arkansas car accident lawyer can have on your potential case. Call us 24/7 at 855-Xadjuster to schedule your free consultation.
