If you or someone you love has sustained serious injuries in an accident that resulted from someone else’s negligent actions or inaction, McMath Woods P.A. can help you seek justice and compensation for what you experienced.
Our Fayetteville personal injury lawyers have helped many injured persons recover compensation and reclaim their lives after an accident. If you’re ready to take action for what you were wrongfully put through, you’ll benefit from having a general understanding of how personal injury law works in Arkansas.
Understanding Personal Injury Law
Personal injury law, also known as tort law, gives injured victims the opportunity to seek compensation for their losses in civil court. The personal injury system is designed to allow the injured party to be made financially whole after someone else has been reckless, careless, or negligent.
If you plan on filing a claim, having an idea of the state laws that could apply is important. Your lawyer will explain every aspect of your case, so you understand what’s happening and why the entire time.
The Comparative Fault Rule
To file a successful personal injury case, it has to be based on the concept of negligence. This means that the opposing party failed to exercise appropriate care in a situation and you were injured and suffered losses as a result.
Arkansas recognizes the modified comparative fault rule. This rule is used in the event an injured person is partially at fault for causing their injuries. It means that a person’s compensation can be reduced by the percentage of their fault.
For example, say a car accident victim is seeking $50,000 for their injuries. If they’re found to be at fault for 20 percent of their crash, they’d only be eligible for $40,000. In Arkansas, the party seeking compensation is only eligible so long as they were less than 50 percent at fault.
Statutes of Limitations
A statute of limitation establishes how long you have to file a claim. If you neglect to file by the deadline, the court has the right to dismiss your case without review and you’ll be rendered ineligible for compensation.
In Arkansas, the deadline for the majority of personal injury cases is three years. This means that you have three years from the date of the accident or event that triggered your injuries to file. These time restraints are in place because the value of evidence depletes over time. In the case of most medical malpractice lawsuits, however, the statute is two years in the state of Arkansas.
Sometimes, there are exceptions to the statute of limitations. If, for example, you could not have discovered your injuries until a later date after the accident, the time limit could begin from the discovery date instead.
Determining when the statute of limitations begins, how long you have, and the date it ends can be challenging depending on the particulars of your case. Your attorney will ensure you know just how much time you have.
In some states, the compensation an accident victim is eligible for is capped or limited by law. This is particularly true for non-economic damages, which are those for factors like pain and suffering. Fortunately for accident victims in Arkansas, there are no damage caps. This means that you and your lawyer can seek full and fair compensation regardless of the area under which your case falls or how much you’re seeking.
Practice Areas We Cover
If you’re planning on seeking compensation for your losses, you may be wondering if you have the grounds to file a personal injury claim. We’ll investigate your claim to determine the presence of negligence. So long as there is substantial evidence proving the other party caused your injuries, you’ll have a chance of receiving a monetary reward for the damage you incurred. In addition to personal injury cases, our law firm also handles legal cases involving employment law and environmental law.
The cases we represent clients for vary greatly, but there are certain areas of litigation we more commonly see. Some of the practices areas we cover include:
- Car Accidents
- Employment Law
- Truck Accidents
- Work Injuries
- Wrongful Death
- Environmental Law
- Medical Malpractice
- Nursing Home Abuse
- Premises Liability
- Product Liability
We recognize that determining the area of litigation your situation falls under isn’t easy. Even if your injuries resulted from an accident that doesn’t match with what’s listed above, you can still reach out to us. We’re well-versed in personal injury law and we’re not afraid to take on unique or challenging cases. We’re prepared to help you hold the negligent party accountable and reclaim what you’ve lost, so you can move forward confidently and comfortably.
Located in the Boston Mountain Range of the Ozarks, Fayetteville is a destination for nature, culture, food, history, and more. It’s also the home of University of Arkansas. Founded in 1829, the city was named after General Lafayette, a French general who helped the colonies gain independence in the Revolutionary War. To get a glimpse of the early days, visitors can head to the Headquarters House and Walker-Stone House.
With over 50 miles of trails for hiking and biking, 50 parks and natural open areas, and the Botanical Garden of the Ozarks, Fayetteville is a popular place for nature lovers. Those who visit for culture enjoy everything from performing arts to education and nightlife. There’s also an eclectic mix of restaurants to choose from, and a number of craft breweries and pubs.
At McMath Woods P.A., we’re proud to serve the residents of Fayetteville and the surrounding areas. No matter the gravity of your situation, we’ll here to guide you through the legal process and provide you with the legal representation you deserve to get your life back in order.
Representing Clients Throughout Northwest Arkansas
If you’ve been injured in an accident through no fault of your own, you have legal rights and options to pursue. We recognize the struggles that develop after a personal injury, especially in regard to your finances. That’s why our Fayetteville personal injury lawyers are here to represent you and help you seek the compensation you’re owed for your losses.
If you’re prepared to take action or have questions about what steps to take next, schedule a case evaluation with our office. We’ll take a look at your situation and help you determine how best to proceed to secure your future.