Experienced Personal Injury Attorneys Work to Protect Our Clients in Benton County and Throughout Arkansas
Benton County, Arkansas, is best known nationally for its status as Walmart’s headquarters. However, to those who live and work in Benton County, the location is well known for its gently rolling terrain, beautiful views along Beaver Lake, national and state parks, and many historical features.
When you start your day in Benton County, you expect your plans to unfold smoothly. An accident or injury caused by someone else’s negligence can upend these expectations in an instant. Your entire life changes – and you could have done nothing to prevent it.
If this sounds familiar, know that you don’t have to fight through this alone. An experienced Benton County personal injury attorney like those at the Law Office of Jason M. Hatfield, P.A., can help you protect your legal rights and get the compensation you deserve.
What is a Personal Injury Case?
A personal injury case starts when one person or party’s behavior causes injuries to another person. Most personal injury cases are based on negligence law. To demonstrate negligence, an injured person must show that:
- The other party had a duty to use reasonable care to prevent injuries,
- The other party breached (failed to meet) that duty,
- The other party’s breach caused the injured person’s injuries, and
- The injured person was harmed in a way that a court can compensate, usually through money damages.
The duty to use reasonable care is often part of our daily lives. For instance, every driver on Arkansas roads has a duty to use reasonable care to drive in ways that prevent accidents. Following traffic laws, paying attention to the road, and avoiding intoxication are all examples of using reasonable care on the road.
Reckless or intentional behavior can also be the basis for a personal injury claim. However, most claims are based on negligence.
Some personal injury claims have slightly different standards. In a medical malpractice claim, the injured person must show that a medical provider failed to meet the “standard of care.” The standard of care is the medical care an ordinary, reasonable provider would have given under the same circumstances. These cases need special consideration from an experienced attorney.
Common Types of Personal Injury Cases in Benton County
Because the duty to use due care to prevent harming others is so common, personal injury cases can arise in many different contexts. Common personal injury cases that appear in Benton County courts include:
- Car accidents. Vehicle accidents can occur when drivers or others on the road fail to use due care to prevent a crash.
- Truck accidents. Large trucks can cause serious injuries in a collision if drivers, trucking companies, maintenance teams, and other parties don’t take due care in their work.
- Construction site accidents. Construction sites are among the most common sites for workplace accidents in the US.
- Nursing home abuse and neglect. When nursing home staff don’t carry out their jobs with due care, serious injuries can result.
- Product liability. A hidden defect in a product can cause severe harm – and the user might not know about the defect until it is too late to prevent an injury.
- Slip and fall accidents. Slips, trips, and falls cause serious injuries and death every year. Many of these accidents are preventable.
In a personal injury case, the injured person brings their own claim to court, often with the help of a dedicated personal injury attorney, and seeks compensation from another party.
In a wrongful death case, the victim’s injuries prove fatal. Because the injured person cannot bring their own claim, the surviving family members bring a claim for both the injured person’s losses and their own losses from the sudden death of their loved one.
Common Types of Injuries Suffered in Personal Injury Claims
Personal injury cases vary widely, and the damage they cause varies as well. Any part of the body can be injured in a personal injury case. Many injured people suffer multiple injuries, particularly if a car accident or other accident is severe.
Common injuries suffered in Benton County personal injury cases include:
- Brain and head injuries,
- Neck, back, and spinal cord injuries,
- Broken bones,
- Scrapes, cuts, and lacerations,
- Burn injuries,
- Internal injuries, including organ damage,
- Amputation, scarring, and disfigurement.
In some cases, the medical treatment required for a personal injury causes additional permanent changes to the body. For example, a broken bone might not cause any external scars, but surgery required to set the bone so it can heal might leave visible scarring.
After an accident, it’s important to seek medical attention right away. A doctor can perform a full examination and prescribe treatment.
Rules to Know in Personal Injury Cases
Personal injury cases can be complex. Arkansas courts require these claims to follow specific rules. If your claim doesn’t adhere to these rules, it may be dismissed – even if your underlying case has merit.
Two important rules to understand are the time limits for Arkansas personal injury claims and how Arkansas courts consider compensation.
Time Limits
In Arkansas, a personal injury claim must be filed within three years of the date of injury. If the claim isn’t filed in this time, it cannot be filed at all.
Some exceptions exist to the three-year rule, but they are narrow. An experienced attorney can help you determine exactly when the deadline falls in your case.
Compensation
A personal injury claim seeks compensation from a negligent party for the harm they caused. To calculate damages, courts typically sort them into two categories: economic and non-economic damages.
Economic damages are financial losses. They can often be proven to a court with bills, receipts, invoices, pay stubs, and similar paperwork that shows the exact dollar amount you spent or lost. Common economic damages in personal injury cases include medical bills, lost wages, costs to repair or replace damaged property, and any future medical bills or lost wages you may face.
Non-economic damages can’t usually be proven with bills or receipts. Nevertheless, these losses are real, and they can be devastating. The most well-known form of non-economic damages are damages for pain and suffering. Loss of enjoyment of life, mental and emotional anguish, and scarring and disfigurement may also be covered by non-economic damages.
To maximize your chances of success in a personal injury case, work with an experienced personal injury attorney.
Why Hire a Personal Injury Lawyer?
Arkansas law allows an injured person to file their own personal injury claim. However, working with an experienced personal injury attorney has several advantages.
Attorneys know the law and the courts. An attorney who works in Benton County is familiar with federal, state, and local laws that apply to various personal injury cases. Your attorney may also be familiar with the procedures and personalities in the Benton County courts, which can help your case proceed more smoothly.
Your attorney helps you balance the scales. Whether you’re injured in a vehicle, at work, or by a defective product, chances are that the other side has insurance coverage – and insurance company lawyers who specialize in finding ways to delay, deflect, and blame so that injured people don’t receive the compensation they need. An attorney who knows these tactics and how to fight them can become your best ally against powerful insurance company lawyers.
Your attorney can investigate your claim and build a case. Attorneys’ offices investigate their clients’ cases every day. They know who to call and what to ask to get necessary information, like police reports and medical records. Your lawyer’s office will handle these steps, asking for your assistance only when it’s essential. You can focus on your daily needs without worrying about how to reach the right records office or wondering if essential paperwork got lost in the mail.
Your attorney tackles your case, so you can focus on healing. Bringing a personal injury claim is tough even when you’re at your best. When you’ve been injured, you’re already struggling to recover from the damage to your body while also worrying about your household and your future. Your attorney can deal with insurance companies, file necessary paperwork, and take steps to protect your rights so that you can focus on recovering from your injuries.
You may pay little or nothing out of pocket. Many Benton County personal injury lawyers work “on contingency.” On contingency, your attorney charges no fee unless they win your case. Free consultations can also allow you to speak to several different lawyers and choose the one you prefer.
Talk to a Dedicated Benton County Personal Injury Attorney Today
If you’ve been injured and you suspect someone else’s negligence was to blame, talk to the experienced Benton County personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. today. We’ll listen to your needs, answer your questions, and help you make informed choices.
To schedule a free consultation, call us today at (479) 361-3575, or use our online form to contact us.