If you or a loved one were hurt by someone else’s negligence, you may have a claim for compensation under Arkansas personal injury laws. At the Morris Bart law firm, our Arkansas personal injury attorneys provide free consultations and case evaluations. This allows potential clients to learn more about their options for financial recovery and how our team can help.
We know what it takes to support an insurance claim or negotiate a settlement. Our trial lawyers also will not back down in court. We will present strong evidence to the jury and put forward a strong argument to hold the liable parties responsible. We may be able to secure a financial recovery for you in your injury case. This could include medical expenses, lost income, pain and suffering damages, and more.
What Is a “Personal Injury”?
“Personal injury” is a legal term describing injuries that occur because of someone else’s bad behavior, whether negligent or intentional. Almost any type of incident or accident that occurred and was another party’s fault could support a viable personal injury claim or lawsuit. Some of the most common we handle include:
Vehicle Collisions
- Traffic accidents
- Truck accidents
- Motorcycle collisions
- Drunk driving crashes
- Pedestrian accidents
- Bicycle wrecks
- Boating accidents
Premises Liability Incidents
- Slip and fall
- Trip and fall
- Fall from a height
- Pool accidents
- Drownings
- Electrocutions
- Other premises liability injuries
Jobsite Injuries
- Workers’ compensation
- Offshore injury and Jones Act
Medical Malpractice
- Misdiagnosis or missed diagnosis
- Medication errors
- Surgical errors
- Improper or missed treatment
- Birth injuries
Products Liability
- Defective products
- Dangerous drugs
- Recalled items
Because a personal injury accident must be someone else’s fault, we must be able to prove that negligence occurred to hold the other party legally liable. Negligence has four parts:
- Duty
- Breach of duty
- Causation
- Harm
These four elements are present in every personal injury case. It is our job to uncover the evidence to prove them and hold those responsible accountable. For example, imagine you were in a motorcycle crash caused by a driver who turned left without yielding to you. The four elements would be present:
- The driver had a duty, under Arkansas traffic laws, to yield when turning left on green
- They failed to uphold their duty by turning left in front of you
- Because they turned in front of you, you had no choice but to lay your motorcycle down and collide with them
- You suffered injuries, emotional distress, and financial losses as a result
We would prove these four elements using the report filed by police, any photos or video available, witness statements, accident reconstruction, your relevant medical records, and documentation of your damages.
Who Is Liable for My Accident?
Generally, the party who acted negligently and caused the injuries is directly responsible. Their insurance should cover the damages, or the jury could hold them accountable in court. However, Arkansas recognizes vicarious liability for employers, which may come into play in some personal injury cases.
In the 1962 Supreme Court of Arkansas decision Davis v. Kukar, the opinion stated, “the law of respondeat superior is well-settled.” This means we may build a case to hold the company legally responsible, or vicariously liable, for the actions of their negligent employee. Examples of when this could play a role include:
- Commercial vehicle accidents
- Truck crashes
- Premises liability cases
- Defective or dangerous products cases
As part of handling a personal injury claim, our attorneys identify all potentially liable parties and see who we can build a case against based on the evidence available.
What If I Caused My Own Injuries?
It is important to know that the Arkansas comparative fault law could affect your claim. Under Ark. Code Ann. § 16-64-122, you are barred from pursuing compensation if you were 51 percent or greater at fault for an injury. You can continue with your case if you were not the primarily negligent party. However, it will affect your payout.
The court will determine how to divide any shared fault, and any award you receive will be reduced by the amount of fault given to you. For example, if you were 15 percent at fault for a fall but the property owner was 85 percent liable, you could recover 85 percent of the financial recovery due to you. In a $100,000 claim, you would receive $85,000.
How Long do I Have to Build a Case?
Most personal injury cases have a deadline that falls three years from the date of the injuries under Ark. Code Ann. § 16-56-105. If you do not settle the case or begin a lawsuit by this date, you could lose the right. In addition, some cases have shorter timelines. You may have only a few months to act under some circumstances. Get started as soon as possible.
For a free legal consultation with a Personal Injury lawyer serving Arkansas, call 800-537-8185
How Can I Get a Financial Recovery Based on My Arkansas Personal Injury?
Justice in a personal injury case generally comes in the form of a payout from the liable party or an insurance company representing them. These cases are settled through negotiations, mediation, or the civil courts. The goal is for the victim, known as the plaintiff or claimant, to recover enough money to pay for the costs and losses they incurred due to the accident.
To ensure we seek an appropriate recovery for our clients, we must identify as many of their damages as possible. These damages vary from case to case, but our lawyers know where to look for expenses and losses our client incurred and will likely face in the future. We also know the types of intangible damages injured victims are likely to suffer and seek compensation for them.
The evidence to document the harm suffered is as varied as the damages themselves. However, our experience with personal injury cases allows us to gather this proof and support each client’s claim. Some examples of evidence we commonly use to prove damages include:
- Medical records
- Medical bills
- Repair bills or estimates
- Receipts for related expenses
- Pay stubs and documentation of missed work
- Expert testimony from doctors and economists
- Any available proof of injuries, temporary limitations, and lasting impairments
Before we can demand compensation from the insurance company or prepare the case for trial, we must get a good understanding of the value. We need to ensure we recover appropriate and fair compensation tied to the client’s damages suffered. We add the values of the current expenses, work with experts to estimate future costs, and estimate a total for intangible losses. This gives us a just settlement range for the case.
Some of the most common recoverable damages we seek for our clients include:
- Pain and suffering
- Emotional distress
- Medical expenses, current and future
- Lost wages
- Diminished earning capacity
- Property damages
- Documented related expenses
Wrongful Death Claims in Arkansas
When a personal injury victim dies from their injuries, Arkansas law allows survivors to recover compensation under Ark. Code Ann. § 16-62-102. This law limits those who can file this type of lawsuit, however. Only the decedent’s personal representative or, in lieu of a personal representative, their legal heirs, can pursue these damages on behalf of the estate. Our Arkansas injury lawyers also manage these claims for those who lost a loved one to someone else’s negligence.
The damages recoverable in a wrongful death claim could include many of the same expenses and losses as a personal injury claim. In addition, there could be other damages available for surviving heirs. Examples include:
- Funeral costs and other final expenses
- Loss of income
- Loss of services (cost of hiring for those services)
- Intangible damages experienced by survivors
When we accept one of these cases, we identify and value these damages and pursue them in the same way we would a personal injury case. You can count on our compassionate and understanding team to provide your family with the services and support you need to get justice for your loved one.
Morris Bart, LLC
The Morris Bart law firm began in Louisiana more than 40 years ago. Since then, the areas we serve have expanded to include 15 offices and four states: Arkansas, Alabama, Louisiana, and Mississippi. Our Arkansas locations are in Little Rock and Texarkana, but we represent clients from across the state.
You do not have to come to one of our offices for an initial consultation or other reasons while we handle your matter. We can assess your case over the phone, meet with you in the hospital or your home, or work out another location to discuss your options and get started on your claim. We strive to make this process more convenient for our clients, including how they meet and communicate with our team.
Our Attorneys Understand Arkansas Personal Injury Law
When you enlist the help of our team in an injury accident case, our experience and resources become tools to help seek and secure the compensation you need, getting the justice you deserve. You can expect your lawyer and team to:
- Communicate with you regularly, passing along any updates
- Manage all communication about the case with the insurers, other lawyers, etc.
- Answer any questions promptly as they arise
- Investigate what happened and develop a strong claim
- Call in experts to help support the claim, as needed
- Value the case
- File a claim or lawsuit
- Present evidence to prove the case, as necessary
- Negotiate for settlement agreements with the insurer or other parties
- Represent you in mediation, arbitration, or other guided negotiations
- Take the case to a jury trial if necessary
Morris Bart, LLC Gets Results for Clients
The attorneys from the Morris Bart law firm know what it takes to build a successful personal injury case, and we do it all the time. In 2019, we recovered compensation for more than 6,500 clients, ensuring they received money damages to pay medical bills and cover other costs.
Our legal team understands that you need money to pay the bills and losses you incurred because of your injuries. We know how difficult it can be not knowing how you will make ends meet and pay your bills, too. This is especially true if you missed a lot of work. This is why we fight to get the best possible outcome for our clients based on the facts of their cases.
You can see how hard our team works for our clients by reviewing our case results and testimonials. Some recent reviews include:
- “Thank y’all for doing a good job. I appreciate everything Morris Bart’s office did for me. – Adrian S.
- “Good experience and my attorney walked me through the case step by step.” – Theresa T.
- “It was an overall great experience. The process was handled quickly, and my attorney kept in contact.” – Asia S.
- “Most professional attorney team I’ve ever had. My attorney was very quick at returning my calls and keeping me updated.” – David C.
- “One Call, That’s All . . . very true!” – Jennifer B.
- “Very pleased with the professionalism of the staff. I will consider others to the law firm.” – Erin G.
Paying for an Attorney from Morris Bart, LLC
At the Morris Bart law offices in Arkansas, we work based on a contingency fee. We do not ask our clients to pay us a retainer or hourly fees. Instead, we agree to a percentage of their payout when the case concludes. We do not charge attorney’s fees if our clients do not get paid.
We believe this is the best approach to a personal injury claim because many victims are facing financial stress already due to their injuries. Still, they want and need someone on their side who knows the law and will advocate for them. Working based on contingency allows us to provide the representation they need, and they can pay when they have the money to do so.
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Meet With One of Our Attorneys for Free About Your Injury Case
The Morris Bart law firm personal injury team provides free consultations for those who suffered injuries in Arkansas. We will review the facts of what happened and help you understand how you can seek compensation for the damages you endured. We are here to ensure you understand your legal rights and options. You can connect with a lawyer 24/7 by calling one of our two Arkansas locations: (800) 537-8185.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
