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Batesville Personal Injury Lawyer

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Suffering an injury caused by negligence can be devastating. Not only do you have to deal with expensive medical bills on your own before—or if—you obtain financial compensation from the at-fault party, but also missing time from work to recover from injury, which can make keeping up with household expenses and supporting your family extremely difficult. Additionally, the at-fault party and their insurance company may claim you are actually to blame for the accident, so they can avoid paying you the monetary damages you deserve.

If you have been injured by a negligent party in Arkansas, Burgess Law Firm is dedicated to holding the at-fault party responsible for their careless and reckless actions and recover your entitled compensation. Our Batesville personal injury attorney can investigate your case, gather evidence, and maximize your award or settlement.

Our firm handles the following types of personal injury cases:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Construction accidents
  • Premises liability
  • Product liability
  • Nursing home abuse
  • Wrongful death

Personal Injury Laws in Arkansas

If a person suffers an injury in Arkansas caused by another party’s negligence, he/she can file a personal injury lawsuit against the other party. Injured individuals have three years after an accident to file a claim in court.

In order to prove a claim, the plaintiff must demonstrate the following four elements:

  • Duty to exercise reasonable care – The defendant had a legal duty of care to others. In a car accident, for example, the duty is driving safely and following the traffic laws to avoid collisions with other motorists and even pedestrians.
  • Breach of duty – The next element is showing the defendant failed to exercise reasonable care. Going back to the car accident example, the breach can include negligent behaviors such as texting while driving, speeding, or ignoring traffic signals and signs.
  • Causation – The defendant’s breach of duty led to the plaintiff’s injuries. The plaintiff must show the court it is more likely than not that the defendant’s actions caused their injuries.
  • Damages – The final element is proving damages—also known as losses—to obtain compensation for the harm suffered by the plaintiff. Injured parties are allowed to recover both economic (e.g. medical expenses, lost wages, and other financial losses) and noneconomic (e.g. pain and suffering, emotional distress, loss of consortium, etc.) damages.

Arkansas is a “modified comparative negligence” state, meaning if a plaintiff is found to share some of the blame for the accident and their underlying injuries, the total amount in compensation will be reduced by their percentage of fault. For instance, if your total damages are $100,000, but you were 20 percent at fault for the accident, you will actually recover $80,000. If you are 50 percent or more liable for the accident, you will not be eligible to collect damages in a personal injury claim.

Request a Free Consultation Today

The at-fault party and their insurer are only looking out for their own best interests, which means they will do whatever it takes to deny or significantly reduce your claim. However, our firm will protect your rights and best interests throughout the entire legal process while you heal from your injury. Let us help you recover your entitled compensation to make the best possible recovery from injury.

For more information, contact us and discuss your case with Burgess Law Firm today.

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