There is a limited amount of time a personal injury claim can be filed in Arkansas. The deadline is called the statute of limitations. In a personal injury case, there is a two-year limit for filing a legal claim against a negligent party. It’s important to speak to a Personal Injury Lawyer as soon as possible after an accident has occurred. It’s necessary for a victim to receive all of the medical treatment a doctor has prescribed before discussing any type of settlement with an insurance company. A victim should never admit fault for anything that occurred during the accident to the police or the insurance company. Any statements they give could affect their case.
Arkansas follows a modified comparative negligence rule in determining personal injury claim settlements. A victim’s settlement may be reduced if they are partially at fault for the accident. If they are eligible for $10,000 in compensation and are 20% at fault, they will only receive $8,000. If a victim is 50% or more at fault, they will not receive any compensation for their injuries. This is why it is so important to speak to a Personal Injury Lawyer as quickly as possible after an accident has occurred. Something as minor as a brake light being burned out could be held against a victim during a settlement for their injuries.
Some states put limits on the amount of damages someone’s able to receive for their injuries. Arkansas only puts a cap on medical malpractice cases. Medical malpractice cases that involved a wrongful death also have a cap that’s adjusted for inflation. Cases involving the government involve a formal claim form to be filed within six months after an accident has occurred. Failure to follow the specific rules that the law requires could leave a victim in an unfavorable financial situation. There’s no reason for someone to suffer physically, mentally, and financially when an attorney can provide them with the legal information they need to make a decision.