To file a personal injury suit in Arkansas is a way of obtaining the financial remuneration that you deserve if you suffered injuries because what others did or failed to do. A personal injury lawsuit is based on the legal idea of negligence. For a person to show that an individual or entity was negligent and liable for injuries, a person must be able to prove that:
- The negligent party owed a duty of care to the person;
- The negligent party failed to exercise reasonable care in fulfilling this duty to the person, therefore breaching that duty;
- The negligent party acted or failed to act in a way that breached a duty of care and caused the person’s injury; and
- The person suffered actual harm because of the defendant’s negligent party’s breach of duty.
Proving negligence requires individuals who file personal injury suits collect evidence, analyze the law and facts, and argue for liability in court. The Knapp Firm can provide seasoned legal counsel that stems from years of experience representing clients in personal injury suits, including motor vehicle accidents.
All states have timeframes for filing personal injury suits in state courts. This is called the statute of limitations, and in Arkansas, the limitations period is three years after an accident. Failure to adhere to this limitations period may result in the court barring an individual from filing a suit or refusing to hear the lawsuit at all. If the injured party did not discover injuries until after the accident, the three-year limitations period may start running from the date the injuries were discovered.
Some states have laws that limit that amount of damages, which is the amount of monetary compensation an injured person may receive in a personal injury lawsuit. These limits usually apply to the amount of non-economic damages, such as pain and suffering, or apply limitations only to particular kinds of cases such as medical malpractice lawsuits. In Arkansas, however, the state constitution has a provision that prohibits the state from passing limitations or caps to damages that may be recovered in personal injury cases.
Personal injury lawsuits are complex matters that involve a lot of investigative resources and expert legal analysis. You should seek experienced legal representation if you are seeking to file a personal injury lawsuit. The attorneys at The Knapp Firm have extensive experience helping injured people obtain compensation for injuries they suffered because of the negligence of others. You may contact us for a free initial consultation by calling (870) 338-3100.