Personal Injury Attorneys in Little Rock, Arkansas

In Arkansas, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. This means you have three years to initiate legal action against the responsible party. Failing to file within this time frame typically results in losing your right to seek compensation. However, for medical malpractice claims, the statute of limitations is two years. There are other exceptions to the three-year statute of limitations. Please give us a call as soon as you can to make sure to preserve your claim.

Fault in Arkansas personal injury cases is determined based on negligence. To establish negligence, you must prove:

• Duty of Care: The defendant had a legal obligation to act safely.
• Breach of Duty: The defendant failed to meet that obligation.
• Causation: This breach directly caused your injury.
• Damages: You suffered actual harm or losses.

Arkansas is a 'fault' state for auto accidents. This means the driver who is found to be at fault for causing the accident is responsible for the resulting damages. Injured parties can file a claim with their own insurance, the at-fault driver's insurance, and/or pursue a personal injury lawsuit against the negligent driver. Our lawyers can help you navigate the sometimes confusing world of insurance claims.

Comparative negligence in Arkansas operates under a modified comparative fault rule with a 50% bar. If you're found to be less than 50% at fault, you can still recover damages, but your percentage of fault will reduce your compensation. For example, if you are found to be 49% at fault, you can recover 51% of your damages. However, if you're 50% or more at fault, you cannot recover anything.

While you're not legally required to hire a lawyer, having an experienced personal injury attorney is highly recommended. Insurance companies often try to take advantage of individuals unfamiliar with personal injury claims. The lawyers at Miller & Mallett help you navigate complex legal procedures, gather essential evidence, negotiate with insurance companies, and advocate on your behalf to maximize your compensation.

After an accident, you should:

• Report the Accident: Notify the police or appropriate authorities.
• Seek Medical Attention: Prioritize your health, even if injuries aren't immediately apparent.
• Document the Scene: Take photos and videos and gather witness information.
• Avoid Admitting Fault: Don't make statements that could be interpreted as admitting liability.
• Notify Your Insurance Company: Report the incident promptly.
• Consult an Attorney: Get legal advice before speaking with the other party's insurer or any other person about the collision.

The timeline varies depending on factors like case complexity, severity of injuries, and willingness of parties to settle. Some cases settle in a few months, while others may take years if they go to trial.

There's no standard settlement amount, as each case is unique. Settlement values depend on factors such as medical expenses, lost wages, severity of injuries, and impact on your life. Our attorneys can help assess the potential value of your claim.

Probably not. Most personal injury cases are settled out of court through negotiations. However, if a fair settlement isn't reached, your attorney may advise taking the case to trial to pursue the compensation you deserve.

Essential evidence includes:

• Medical records documenting your injuries and treatments
• Police or incident reports detailing the event
• Witness statements from people who saw the accident
• Photographs/videos of injuries and the scene
• Expert testimony from medical professionals or accident reconstruction experts
• Proof of lost wages and other economic losses
• Personal statements about what you went through during your injury and healing phases