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Benton County Personal Injury Lawyers

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:

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.

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Fort Smith Personal Injury Lawyer

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Benton County Personal Injury Lawyers

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.

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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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Arkansas Car Accidents Infographic

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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Smoke rising from a truck accident on highway

Motorcycle Accidents

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

Arkansas motorcycle accident infographic

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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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 lawyer

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

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.
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.
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.
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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