ROGERS PERSONAL INJURY ATTORNEYS
Know The Injury Process In Arkansas
A typical Personal Injury lawsuit usually involves a plaintiff (the injured party) and the defendant, or the party that the lawsuit is brought against. Defendants can be corporations, businesses, an individual, or a combination when there are multiple parties involved in a single lawsuit. Injury claims are handled in civil court rather than criminal, where the injured party will seek financial remedies for the damages they have sustained due to the negligent actions of the defendant. Our lawyers at Caddell Reynolds Law Firm usually resolve these cases through litigation before a judge, but we may be able to get a resolution out of court as well.
Cases We Handle
Caddell Reynolds Law Firm can handle numerous types of Personal Injury matters on your behalf and we will represent you with the highest level of experience, integrity, strength, and compassion.
If you have suffered serious injury, or if you have lost a loved one in any of these accidents listed below contact us for a free case review:
- Car accidents
- Truck or commercial vehicle accidents
- Motorcycle collisions
- Bus, train, or public transportation accidents
- Pedestrian accidents
- Premises liability cases, such as slips and falls and dog bites
- Defective product injuries
- Injuries from an explosion or fire
- Work injuries, including those that happened on a construction site
- Medical malpractice cases such as prescription errors or hospital negligence
- Injuries from a defective medical device or dangerous prescription drug
- Wrongful deaths
Accidents or injuries resulting from negligence of another party—such as a driver, healthcare provider, property owner, or your employer—can cause permanent damage to your health and financial stability. These incidents give you the right to file a Personal Injury claim with the help of our Rogers Personal Injury attorneys.
Defense Strategies Used By The Responsible Party
Because of the trauma and financial burden these injuries cause for you and your family, you may be awarded damages that can help you pay for medical expenses and lost income. However, the defense team in any Personal Injury lawsuit will use strong strategies to defend their client and reduce their financial responsibility for your injury. It is important that you find an experienced attorney that can fight these defenses and support your claim in court.
Understanding common defenses will help you and your attorney prepare arguments and improve your chances of being rewarded compensation for your injury. While the defense strategy used will vary from case to case, they typically fall into one or more of these four categories:
- Comparative Negligence: Following an accident or injury, the police report typically assigns fault to each party using a percentage. For example, if one party caused a car accident but the other party did not respond appropriately, the first may have been 80% at fault while the second party is 20% at fault. In Arkansas, the defense may be able to have the damages prorated based on fault assigned, which means if you were 20% at fault then you lose 20% of the award.
- Assumption of Risk: Another common defense is assumption of risk, whereby if you were participating in a certain activity in which risk is inherent (such as a surgery or dangerous job), you assumed that risk by agreeing to participate. This defense can work well in some situations, but when the injury is not associated with a risk specifically inherent to the activity, it often falls short.
- Failure to Show Causation: Defense attorneys look for the plaintiff’s failure to show causation, or failure to prove the injury was directly caused by the defendant’s negligence. Any holes in the case can make this defense very effective, which further underlines the importance of hiring a Personal Injury attorney in Arkansas who has a proven track record for injuries similar to yours.
- Statute of Limitations: The defense will seek out violations of the statute of limitations in every case as it can result in a quick dismissal of the suit. The statute of limitations (the amount of time a plaintiff has to file a lawsuit following an accident or injury) varies between the types of incidences, but is generally around two years. If you wait too long to file a lawsuit, your case is typically dismissed.
Proving Personal Injury: How Your Attorney Helps Find Fault
In a Personal Injury lawsuit, determining who is liable and to what extent that party is liable are key to ensuring that justice is pursued and your case is handled correctly. When you hire our Personal Injury attorneys in Rogers, we will delve into discovering the facts of your case and help determine who is legally liable for your injury. Depending on the severity of your injury, the liability of the other party, and the specific factors surrounding your case, your lawyer can help you prove fault in a court of law.
Determination Of Legal Liability
Whether you have been injured in an auto accident or you are dealing with a neck or back injury from a workplace accident, you need to make a claim about who is at fault in order to file a Personal Injury lawsuit. Most accidents resulting in injury occur because someone was not as careful as they should have been. The person who was least careful (the liable party) should pay for the damage done to the person who was most careful. This entity—whether your employer, a driver, or a motorcyclist—is the person at fault and thereby, the defendant you should pursue for compensation in your case.
Establishing fault, however, is not always cut-and-dry. There are other issues that have to be considered first:
- An otherwise liable party may not be liable if you were somewhere you were not supposed to be.
- An otherwise liable party may not be liable if you were also careless.
- An employer may be at least partially responsible if you were working for that employer at the time of the accident, carelessly or otherwise.
- A property owner can be liable for not maintaining a property, even if that owner did not create the actual situation that caused the injury.
- Both the seller and the manufacturer of a defective product may be liable for your injury if their product caused the injury in question.
Fault in a Personal Injury lawsuit is most often caused by negligence. Therefore, in order to prove the liable party in your case acted negligently, your attorney will argue that they acted in breach of their legal duty, triggered your injury, and caused physical or emotional damages.
More Than One Party May Be At Fault
Your Personal Injury attorney can assist you in determining who should be pursued in a Personal Injury lawsuit. The amount the liable party must pay in damages will depend on whether that liable party is the only one at fault. Several careless drivers, as opposed to just one driver, for example, can cause a bad car wreck. If you caused even a proportionally small amount of an accident, you may have to take some of the blame. Especially in the case of an uninsured driver at fault, you will have to fight your insurance company for help with damage and your injury.
In Arkansas, this is called a “modified comparative fault.” If you share in the blame for an accident that caused your injury, a judge can appropriate a percentage of the fault in your lawsuit to you. You will then be responsible for paying that percentage of the damages, as established by the court.
Carelessness Can Play A Factor
When you hire our Personal Injury lawyers in Rogers, be upfront about any role your carelessness or negligence may have played in your injury. If you were partially liable, that does not mean you will not be entitled to any compensation. Being honest about your involvement can help you receive a fair judgment and realistic compensation from the major party at fault.
Find Out How We Can Help You
When pursuing compensation from a party that caused you to suffer a serious injury, there will be a lot to manage all at once. Each step of a personal injury case is important, and a misstep could be a huge setback. To allow yourself the time to rest and not worry about legalese and case procedures, put our Rogers personal injury attorneys in charge of your case. We have the experience, knowledge, and talents required to confidently handle a wide variety of case types from start to finish.
When we are working on your case, we can do the following for you and more:
- Investigate your accident and injuries.
- Speak with eyewitnesses and expert witnesses.
- Find evidence to back our arguments.
- Build a claim from the bottom-up.
- File your claim in court before deadlines expire.
- Respond to challenges from the defendant and/or insurance company.
- Negotiate for a fair and full settlement on your behalf.
- Litigate in court for you if no such settlement is possible.
You can think of our attorneys as replacements for yourself in your case, except we have years of collective legal experience. We can act on your behalf at essentially every junction and step, so you don’t have to worry at all about what to do next. If we win, then you win, too!
CONTACT US TODAY TO SCHEDULE A FREE CONSULTATION TO DISCUSS YOUR CASE AT OUR ROGERS OFFICE, WHICH IS LOCATED AT 211 SECOND STREET, ROGERS, AR, 72756. WE CAN ALSO MEET AT A LOCATION THAT IS MORE CONVENIENT FOR YOU.