Fort Smith Back Injury Car Accident Lawyer

More than 280,000 people in the United States live with the pain and physical limitations of a spinal cord injury. Car accidents are one of the biggest causes of spinal cord injuries and other back injuries. Fort Smith is the third-largest city in Arkansas and has more traffic than many other nearby cities, making accidents common. Even a crash that occurs at low speed or causes minor damage to the vehicles involved has the potential to create debilitating pain and disability. Car accident-related back injuries vary in their symptoms and severity, but all of them are potentially life-changing.

If you have been in a car accident that hurt your back, an attorney can help you get the compensation you deserve to cover your expenses and other losses. The Law Office of Jason M. Hatfield, P.A. is proud to represent accident victims of Northwest Arkansas in Fort Smith and beyond. We have decades of experience helping connect accident victims who suffered spinal cord damage and other back injuries with meaningful compensation, allowing them to start the process of moving on with their lives.

Common Back Injuries From Car Accidents

The spine is one of the most important structures in the human body. Aside from providing support to the body, one of the spine’s primary purposes is to protect the spinal cord. The spinal cord has a group of nerves that transmit messages from the brain throughout the body.

The spine is comprised of three distinct areas:

The cervical vertebrae of the neck;
Thoracic vertebrae at the upper back; and
Lumbar vertebrae in the lower back.

In addition to the spinal cord and vertebrae, the back is composed of discs, muscles, tendons, ligaments, and nerves, which can all be injured by the force of a car accident.

Some of the most car accident-related back injuries include:

Whiplash

One of the most common car accident injuries of all is whiplash. The force of a collision causes the neck to make a snapping motion, like a cracking whip, which can strain, tear or bruise soft tissue like muscles and ligaments in the cervical spine. While many cases of whiplash are minor, that is not always the case. Severe cases of whiplash can result in serious spinal injuries that can be permanently disabling.

Herniated Discs

Discs are spongy cushions between each vertebra. They can slip out of place, break, rupture, or bulge. A herniated disc causes excruciating pain that will not go away on its own. In the best-case scenario, those suffering from a herniated disc will require physical therapy and over-the-counter medication, and in the worst-case scenario, surgery may be the only option.

Bone Fractures

The bones of the back, called vertebrae, can fracture and break. Types of bone fractures in the back include flexion, extension, rotation, and compression fractures. Treatment options for spinal bone fractures vary, depending on the severity of the break and whether a bone is pressing against the spinal cord. However, many who experience a vertebral fracture will require surgery.

Sprains and Strains

Painful strains and sprains are common after an accident. The soft tissue in the back, like muscles, tendons, and ligaments, can stretch to the point of damage. A strain is an injury to a muscle or tendon, while a sprain is the stretching or tearing of a ligament.

Spinal Cord Damage

Injuries to the spinal cord are the most serious because they can cause complete or partial paralysis. Each year, there are more than 17,000 new cases of spinal cord injury in the United States, and car accidents are responsible for about 30 percent of all spine injuries. These injuries also may result in loss of function, loss of feeling, and devastating health problems in other body systems.

While back injuries are often very serious and can cause victims to experience a lifetime of pain and physical limitations, but they don’t always appear serious right after an accident. For this reason, it is imperative that accident victims seek immediate medical treatment to ensure that they don’t suffer potentially serious injuries they were unaware of.

Treatment for Back Injuries

After a car accident, it is crucial to be evaluated by a doctor as soon as possible. Delayed pain and other symptoms are common with back injuries, so the true extent of the damage might not be known immediately. Early diagnosis is essential for reducing harm, managing pain, and healing a back injury.

Not seeking care soon after an accident can hurt your chances of being awarded money for damages, as it appears that the injury was unrelated to the accident or not severe. Even if you feel your injuries are not serious, it is best to err on the side of caution.

Treatment for back injuries varies depending on severity, location, and type. Some can heal with a short-term treatment plan, while others necessitate lifelong care. Potential treatments for back injuries include:

Surgery
Physical therapy
Chiropractic care
Prescription medications
Injections
Steroids
Casts/Braces

Many people with a back injury need to keep up with treatments like chiropractic care for the rest of their lives. Your attorney can include expenses like these in the compensation award, so you are covered in the future.

Damages for Car Accident-Related Back Injuries

Arkansas follows a fault system that allows accident victims to be compensated for damages from the negligent party responsible for the accident. Proving fault in an accident claim involves showing that the other party owed a duty of care and violated it by acting carelessly. Accident victims who successfully prove that another driver was responsible for their back injuries can recover financial compensation from the other driver.

In Arkansas, personal injury damages fall into two main categories: economic and non-economic.

Economic damages are those with an obvious dollar amount attached. Examples include:

Past and future medical expenses,
Lost income from time off work,
An inability to earn income in the future or a reduced earning capacity,
Vehicle repairs and other property damage, and
Rehabilitation costs.

Non-economic damages are intended to compensate victims for the emotional and psychological toll the accident took on their lives. Understandably, non-economic damages are harder to calculate because they are subjective and vary significantly based on how the accident affected a victim’s life. Examples of non-economic damages include:

Pain and suffering,
Emotional distress,
Loss of consortium, and
Permanent disability.

Accident victims deserve fair compensation for what they’ve been through, so it is important to identify the full extent of all economic and non-economic damages.

What to Do After a Fort Smith Car Accident

If you’ve been in a motor vehicle collision, you understand that the moments after the accident can only be described as a blur. However, this is also an incredibly important time, both for your health and your ability to hold the negligent driver who caused the accident financially responsible. Below are a few things to keep in mind after an accident.

1. Seek Immediate Medical Care

Without question, the first thing to do after an accident is to go to the emergency room. Back injuries can be tricky and may not exhibit concerning symptoms right away. However, you might wake up in excruciating pain days or weeks later. Rather than wait until that day comes, head into the ER as soon as possible to get checked out by a doctor. If you suspect a back injury, try not to move until emergency responders arrive.

2. Report the Accident

If you called 911 to have an ambulance pick you up, you probably told the operator about the accident. However, if you didn’t receive treatment right away or believe no one has reported the collision, be sure to call the police or sheriff’s department as soon as possible to report it. Reporting an accident is important because it creates an official record of the accident and your injuries, making it harder for an insurance company to claim that your injuries were caused by something else.

3. Conduct a Mini Investigation Before Leaving the Scene

If your condition allows it, before leaving the scene of an accident, be sure to get all witnesses’ names and contact information. This can help your Fort Smith car accident lawyer conduct a thorough investigation. You may also consider taking out your smartphone and snapping a few pictures of the scene, focusing on the position of the vehicles, any road signs or traffic lights in the area, and the damage to the cars involved in the accident.

4. Contact a Fort Smith Car Accident Lawyer

Once you are on the road to recovery, consider reaching out to a Fort Smith personal injury lawyer to learn more about bringing a lawsuit against the driver responsible for the accident. Personal injury attorneys offer free consultations, so there is no risk to calling. Additionally, most law firms take car accident cases on a contingency basis, meaning they will only bill you for their services if they can recover compensation on your behalf.

Frequently Asked Questions:

How Long Do You Have to File an Arkansas Car Accident Lawsuit?

Arkansas law requires accident victims to file a personal injury case within three years from the date of the collision. This is called a statute of limitations. If you file a case after the statute of limitations has expired, the court will not hear your case, and you’ll be prevented from recovering anything for your injuries. While you have up to three years to file a case, it’s best to speak with a back injury lawyer as soon as possible because this increases the likelihood of locating the evidence needed to prove your claim.

Who Pays for a Car Accident Back Injury Settlement?

Most of the time, the at-fault party’s insurance company pays a settlement for damages. They tend to pay as little as possible and sometimes offer a low settlement. A car accident attorney can help determine the total worth and negotiate with insurance companies or represent you at trial to get as much money as possible.

Can You Still Recover for Back Injuries if You Were Partially At Fault for an Accident?

Yes, under Arkansas’ modified comparative negligence rule, victims who are partially at fault for an accident can still recover monetary damages from a negligent driver, provided the victim’s proportion of fault was less than the other drivers. Another way of thinking about this is that you can bring a car accident lawsuit in Arkansas if you are up to 49 percent at fault. Additionally, when a victim shares blame for causing an accident, the court will also reduce their damages award by their percentage of fault. However, if you are 50 percent responsible for causing an accident, you will not be able to recover anything. An experienced Fort Smith car accident lawyer can help prevent other drivers and their insurance companies from unfairly shifting blame onto accident victims.

Contact the Law Office of Jason M. Hatfield, P.A., for a Free Case Review

If you or a loved one has suffered serious back injuries in an Arkansas car accident, you may be entitled to compensation for damages. An experienced personal injury attorney at the Law Office of Jason M. Hatfield, P.A. can help you collect the damages you are legally entitled to. We have decades of experience handling all types of car accident cases, including those resulting in spinal cord damage, herniated discs, severe whiplash, and other back injuries. Our Arkansas car accident lawyers offer free consultations to all accident victims, during which we will answer all your questions, provide you with an overview of the recovery process, and explain what we can do to help you obtain the damages you need to start moving on with your life. The Law Office of Jason M. Hatfield, P.A. serves all of Northwest Arkansas, including Fort Smith, Fayetteville, Bentonville, Springdale, and Rogers. For a free case review, call (479) 361-3575. You can also connect with us through our online contact form.

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Fort Smith Personal Injury Lawyer

Fort Smith Personal Injury Lawyers

We pursue fair compensation on behalf of accident victims throughout Sebastian County

Suffering a serious injury can throw your life into a tailspin. You may suddenly find yourself in the hospital, missing weeks of work, and wondering what your future will look like. When will doctors say you can go home? When will you be able to return to work? Will there be any additional follow-up medical treatment you’ll need to pursue? How are you going to pay for all of this? These are common questions anyone would ask themselves if they were in your position. At the Law Office of Jason M. Hatfield, P.A., we are a compassionate team of Fort Smith personal injury lawyers who are here to help accident victims on their road to recovery. Our lawyers will take the time to sit down with you and listen to your story because we believe the more we know about your case, the better we can help.

We handle a variety of Fort Smith personal injury cases

For more than 20 years, the Law Office of Jason M. Hatfield has provided exceptional representation to Fort Smith accident victims and their families. We believe that by holding people accountable for the harms caused by their negligent actions, we are not only helping clients, we are also helping make Arkansas a safer place.

Accidents are one of the leading causes of preventable injury in Arkansas and across the United States. At the Law Offices of Jason M. Hatfield, we proudly represent clients who suffered injuries related to any of the following accidents.

Car Accidents

Motor vehicles are necessary in today’s society; however, our reliance on them creates a situation where many drivers overlook the dangers these vehicles present. Motorists owe a duty of care to the others on the road. This means that a driver who negligently causes a car accident that injures another motorist, passenger, bicyclist or pedestrian can be held liable for the injured party’s damages. In most cases, these Fort Smith car accident lawsuits are filed against the at-fault driver, and that driver’s insurance company has a duty to assign that negligent driver an insurance defense lawyer to defend the case under the insurance policy. A knowledgeable Fort Smith car accident lawyer can help accident victims effectively prepare their claims.

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Over 500 people are killed in fatal Arkansas car accidents and another 2,000 seriously injured each year. Roughly 20 percent of all fatal traffic accidents in the state involve a driver who was under the influence of alcohol.

Truck Accidents

Arkansas truck accidents make up only a small percentage of the total number of traffic accidents in the state. However, they comprise a much larger portion of those accidents resulting in serious or fatal injuries.

About one in six fatal Arkansas motor vehicle accidents involves a large truck like a semi-truck.

Most truck drivers understand the dangers of driving a huge vehicle and take the necessary precautions. However, unfortunately, that is not always the case. Truck drivers are under tremendous time pressure to travel as many miles as they can each day, which increases the chances of distracted driving or drowsy driving accidents. If you or a loved one were involved in a Fort Smith truck accident, speaking with an attorney is an excellent first step to gaining a greater understanding of how to hold a negligent truck driver accountable for their actions.

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Motorcycle Accidents

While many people think motorcycle accidents usually involve a single vehicle, that is not the case.

Motorcycles are involved in about ten percent of all fatal and non-fatal traffic accidents in Arkansas.

Many people are under the false impression that most motorcycle accidents are single-vehicle accidents. However, that is not the case; more than half of all Arkansas motorcycle accidents involved at least one other vehicle.

Unfortunately, due to the lack of protection motorcycles offer to riders, injuries in these accidents tend to be severe. Even if you are wearing a helmet, you can still suffer life-changing injuries, such as a traumatic brain injury, broken bones, severe burns and more. Fort Smith motorcycle accident victims should reach out to an experienced personal injury lawyer to help them prepare their claim.

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Slip and Fall Accidents

Falls are among the most common causes of injury among older adults; however, every age group is at risk. Property owners have a legal obligation to keep their property safe for invited guests. The extent of a property owner’s duty varies, depending on the type of location they own and the nature of your visit. However, typically, a landowner must warn guests of known hazards that could threaten their safety. And when it comes to business, they have a heightened duty to conduct routine inspections to discover potential hazards that could be dangerous for customers. Fort Smith slip and fall accidents can happen anywhere, including:

Grocery stores
Shopping malls
Department stores
Public buildings
Hospitals and doctor’s offices
Parking lots and parking garages

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FREE CONSULTATION

8 Stages of the Personal Injury Lawsuit Process in Arkansas

Sustaining an injury after a severe accident can be a very stressful experience. Most people considering a personal injury lawsuit have little to no experience with the process. Going through the personal injury process with an expert attorney can make the process less intimidating & more manageable. The Arkansas personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. have outlined the eight stages of how the personal injury process works in the state.

Damages in a Fort Smith Personal Injury Lawsuit

Those who successfully bring a Fort Smith personal injury lawsuit can recover financial compensation for their injuries. While every case is unique, and it’s impossible to pinpoint what a damages award will look like without an in-depth case analysis, Arkansas law generally allows accident victims to recover for their economic and non-economic damages.

Economic Damages

Economic damages pay you back for the money you were forced to spend (or could not make) because of the accident. For example, medical bills, lost wages, decreased earning capacity and property damage are all types of economic damages. Proving economic damages is generally pretty straightforward, as you can present objective evidence of the amount of damages. For instance, we can present the court with your total medical bills to prove the cost of your medical treatment.

Non-Economic Damages

Non-economic damages, on the other hand, are a little more complicated. These damages compensate you for the emotional and psychological effect the accident had on your life. For example, the following are all types of non-economic damages:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of familial relationships

Arkansas Personal Injury Guide Infographic

If you have been injured by someone’s negligence, whether from a car crash or a construction site accident, you may be able to receive economic recovery to help you move forward with your life. Here is a quick guide to Arkansas personal injury law to help answer questions you may have.

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Personal Injury Frequently Asked Questions

What are common injuries for a personal injury case?

The most common personal injuries include:

Traumatic brain injuries
Whiplash
Amputations
Crush injuries
Back injuries
Spinal cord injuries
Fractures
Internal organ damage
Broken bones
Deep disfiguring cuts
Burns
Nerve damage
Paralysis
Scarring
Penetrating wounds from flying objects
Airbag injuries, including broken nose and/or jaw
Dislocations

Personal injuries are very common and each year across the nation, roughly 39 million Americans need medical treatment for a wide range of such injuries. Of great concern is the fact that medical errors and accidental injuries are the third leading cause of death.

What documents do I need for a personal injury lawsuit?

For your personal injury attorney to help you build a case seeking compensation for your injuries, several pieces of evidence would be helpful. Those documents include:

Police reports
Statements made by witnesses
Survivor/client statement – this is a crucial document that outlines, in the survivor’s words what happened and how it affects their life.
Medical documents, including E.R. Records, doctor treatment notes, rehabilitation reports, and autopsy reports.
Any reports dealing with past safety concerns of a vehicle and/or past safety violations.
Pictures and/or video of the accident scene and injuries.
Any private investigation reports available (can be obtained through discovery).
The service history of the vehicle involved in the crash.
The 911 call transcript.
Any audio recordings available captured on a smartphone.
Relevant W2 forms that indicate lost wages
All receipts of medical expenses related to the accident, vehicle rental, payments to others to transport you.
Keep all your files relating to the crash together and keep a digital and physical copy. Use a spreadsheet to indicate what you have and what you still need to obtain.

Your attorney may have other documents they could use to build your case. They ask for those when they discuss your case with you when you find out your legal rights, and determine if you want to proceed with a personal injury claim.

What to do after an injury in an accident?

If you have been hurt in an accident, there are some things that you need to do immediately, if possible. You want to protect your rights while seeking compensation for your injuries from an insurance company. Here are things you need to do as quickly as possible:

Call the police and make sure you get the accident report.
If possible, get the contact information of other witnesses.
Get medical help immediately or as soon as possible. Do not wait.
Describe all of your injuries no matter how small or big they are, as the doctor documents them for the medical record. These records are helpful for your personal injury attorney while seeking compensation for your injuries.
No matter what tests are ordered, get all of them done as instructed. Ask for x-rays, scans, or an MRI if the injuries are serious. Get the results of those tests for your attorney.
Do not provide “any” statement whatsoever to any insurance company, including your own. While you can notify them of the accident, do not provide any other details until you have retained a car accident attorney.
If you do not have an experienced car accident attorney, make sure you hire one as soon as you can.
Keep personal records of all your injuries, how you feel, your experiences, what medical treatment you obtained, what the outcome was, and keep receipts for all expenses related to the accident.
No matter how you feel, follow through on ALL doctor, therapist, and therapy appointments. Always show up and do what you were instructed to do, and do not skip any appointments.
Throughout this process of recovering from injuries in a car accident, dealing with insurance companies and your attorney, have patience. The process to recover compensation for your injuries can be a long one.

What's a type of personal injury case?

Personal injury cases can happen at any time and anywhere. The most common types of personal injury cases include:

Nursing home abuse, neglect
Traumatic brain injuries
Birth injuries
Aviation, boating accidents
Spinal cord injuries
Medical malpractice
Wrongful death claims
Slip and fall accidents
Car accident claims
Medical malpractice
Wrongful death claims
Dog bites
Defamation claims, as personal injury cases do not always involve physical injuries
Assault
Accidents in the workplace
Premises liability claims
Product liability claims
Construction injuries

Contact the Law Office of Jason M. Hatfield P.A.

While almost every accident victim can point to some type of damage they suffered due to the accident, identifying the full extent of your damages is critical to your full recovery. You only get one chance to bring a case, so you want to make sure you get it right. The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas including Fort Smith, Springdale, Fayetteville, Rogers, Bentonville, Berryville and Harrison.

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Fort Smith Wrongful Death Cases

Preventable accidents claim thousands of lives in Arkansas every year. Whether a loved one is lost after a motor vehicle accident, workplace accident or any other type of accident, the result is tragic. While many accident victims can physically recover from their injuries, sadly, many do not. Families who have lost a loved one in a preventable accident can pursue a Fort Smith wrongful death case against the at-fault party.

Who can file a wrongful death lawsuit?

A wrongful death claim is a type of personal injury case except that, instead of being brought by the accident victim, it is brought by their surviving family members. Wrongful death claims can be filed after any type of accident. The following family members can file a wrongful death claim:

Spouses
Children
Parents
Siblings
The personal representative of the accident victim’s estate

What damages are available in a wrongful death lawsuit?

The damages available through a wrongful death claim are similar to those in a personal injury claim and include:

Medical bills and expenses
Lost wages and lost earning capacity
Lost benefits (such as health insurance premiums)
Compensation for your loved one’s pain and suffering
Compensation for your own mental anguish

Contact the Law Office of Jason M. Hatfield P.A.

If you or a loved one was recently involved in a Fort Smith accident, do not hesitate to reach out to the Law Office of Jason M. Hatfield, P.A. In the aftermath of a fatal accident, families may be looking for answers that are hard to come by. At the Law Office of Jason M. Hatfield, our compassionate wrongful death lawyers can help you understand your options so you can make the decision that is best for your family. For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our clients’ cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer. To learn more and schedule a free consultation with a Fort Smith, personal injury lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

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Fort Smith Back Injury Car Accident Lawyer