Determined and Relentless Representation

What a Fort Smith Car Accident Attorney Can Do to Help

What a Fort Smith Car Accident Attorney Can Do to Help

If you have been involved in a car accident in Fort Smith, there is a lot to deal with in the aftermath. You may be worried about mounting medical bills, having to take time off work and communicating with insurance companies, all while trying to recover from painful injuries.

You have the right to obtain compensation for your crash-related losses. Bringing a car accident claim is a rigorous, multi-stage process that can quickly get complicated depending on the details of the crash. Fortunately, you do not have to go through it alone. A Fort Smith car accident attorney can handle your entire case for you, from investigating the crash to negotiating a settlement.

If you suffered injuries in a Fort Smith car accident, the Law Office of Jason M. Hatfield, P.A. is here to provide you with experienced legal representation in your car accident claim. Our risk-free consultations allow prospective clients to get answers to their questions from a knowledgeable lawyer.

Types of Car Accident Injuries You May Obtain

Even with safety features like seat belts and airbags to protect vehicle occupants, the impact of a collision has the power to cause a variety of injuries. No two crashes are the same, and the injuries from a car accident can be as minor as a few scratches or as severe as paralysis or brain damage.

In 2021, Fort Smith had 3,255 motor vehicle accidents. Around 733 of those resulted in some form of injury, ranging from minor to severe. Here are some of the injuries that may be reported in a Fort Smith car accident:

If your wounds are serious, you will most likely receive emergency medical treatment and be taken to a hospital. Even if you feel fine, however, it is important to seek medical attention as soon as possible after a car accident.

Some injuries do not become apparent until the shock from the crash has worn off. Additionally, internal injuries may be hard to detect without a thorough examination from a medical professional.

Failing to get medical attention can harm your car accident lawsuit if you decide to take legal action in the future. Seeing a doctor helps create medical records and documentation that can show the severity and nature of your injuries. A Fort Smith car accident attorney can use the information to help you recover compensation from the negligent party.

What Kinds of Compensation is Available for My Car Accident?

Filing a Fort Smith car accident claim allows you to recover compensation for all your medical bills, as well as the many other associated costs that arise after a crash. Any settlement you receive should account for the full extent of your losses, including the emotional impact of the car accident and future rehabilitation expenses.

Damages available in Fort Smith car accident cases include:

  • Medical expenses
  • Lost earnings
  • Property damage
  • Emotional distress

The Law Office of Jason M. Hatfield, P.A. can hold the driver who was responsible for your car accident accountable for their negligence. Crashes occur due to many different reasons, whether it is distracted driving, speeding, driving under the influence of alcohol or carelessness in following the rules of the road. In 2021, Fort Smith had 84 speed-related collisions, while 118 crashes involved impaired driving.

The Role of a Fort Smith Car Accident Attorney

Dealing with a car accident can be very stressful. What should be a straightforward matter of recovering the money you deserve is often filled with obstacles. A dedicated and experienced Fort Smith car accident attorney can make things significantly easier by representing you during every step of the legal process.

Entrusting your car accident claim to a lawyer can reduce much of the anxiety that comes with seeking compensation for your injuries and other losses. The attorney will handle all the paperwork, investigations, negotiations and advocacy while you try to get your life back on track.

A Fort Smith car accident attorney can:

  • Help you understand the legal process
    There are many elements involved with filing a car accident claim. Your lawyer will keep you updated on developments, along with providing you with a realistic timeline of when your case may be resolved. The Law Office of Jason M. Hatfield, P.A. will ensure you have all the information and advice you need to make the best possible decisions in your case, such as whether to accept a settlement offer or go to trial.
  • Collect evidence to support your claim
    Having a successful car accident claim means establishing the extent of your injuries before an insurance adjuster or in court. Your lawyer will gather medical documents, police reports, phone records, insurance information, photos from the scene of the accident, and video footage from surrounding areas to prove your claim. Eyewitness testimony, accident reconstruction experts, and other specialists can also provide valuable evidence when building your car accident lawsuit.
  • Calculate the value of your claim
    While determining the exact amount of compensation you will receive is not possible, a Fort Smith car accident attorney can provide you with an estimate after assessing the details of your crash. By consulting medical experts and other professionals, we can give you an idea of how much your case is worth.
  • Stand up to insurance companies
    It is not uncommon for insurance companies to try to pay car accident victims as little as possible, such as by challenging the extent of their injuries or insisting that they are unrelated to the crash. A Fort Smith car accident attorney can fight back against tactics that are commonly used to devalue claims. With a reputable lawyer representing you, you have better chances of being taken seriously and obtaining full and fair compensation.
  • Represent you in negotiations and court
    Not all car accident claims go to trial. Many are resolved with settlement agreements. Your Fort Smith car accident attorney will negotiate to obtain the settlement you deserve. If, however, the other party does not offer a full and fair settlement, it may be necessary to go to trial. Your lawyer will never accept a settlement unless you are satisfied with it. The Law Office of Jason M. Hatfield, P.A. is skilled in handling negotiations as well as fighting cases in courtrooms.

What is the Process of Filing a Fort Smith Car Accident Claim?

Before deciding to pursue a car accident claim, it is important to understand what to expect. At the Law Office of Jason M. Hatfield, P.A., we believe in preparing our clients for the legal process and ensuring there are no surprises.

After being involved in a car accident, you will want to file an insurance claim. In an ideal scenario, the insurer will process your claim and promptly give you your money. Unfortunately, this is rarely how things play out, which is why it is essential to speak to a reputable Fort Smith car accident attorney as soon as possible.

The lawyer will evaluate the facts of your crash and determine whether you have a case. If the insurance company denies your claim, your attorney will file a car accident lawsuit on your behalf.

Gathering evidence is vital to building a strong case. A lot of evidence begins to fade away in the days after a car accident. For example, accident sites are cleaned up, vehicles are taken to junkyards, and eyewitness accounts can become less reliable. Quick action is needed to preserve as much of the evidence as possible. Contacting a Fort Smith car accident attorney right away ensures they can start investigating your car accident as soon as possible.

Another essential part of the claims process is determining fault for a crash. The insurance adjuster will evaluate your claim and assign fault for the car accident. In some situations, one driver may be completely responsible, while in other cases, multiple parties may be partially at fault. In 2020, 43 percent of crashes in Arkansas involved multiple vehicles.

Under Arkansas law, the amount of damages you are awarded is based on your percentage of fault for the car accident. With a lawyer representing your interests, you can counter any efforts to unfairly shift responsibility for the crash onto you. The Law Office of Jason M. Hatfield, P.A. will protect your rights and help you prove the other party’s negligence.

Your attorney will strive to negotiate a favorable settlement for you. If an out-of-court settlement is not possible or does not cover the full extent of your losses, we will move forward with filing a lawsuit in court. No matter how your case progresses, we will never stop fighting for maximum compensation for you.

Time Limit for Filing a Fort Smith Car Accident Claim

In Arkansas, the statute of limitations is three years from the date of a crash. This means you have three years from when your car accident occurred in which to file a lawsuit against the negligent party. Once the statute of limitations expires, you will no longer be able to recover compensation.

Although three years may seem like a long time, the legal process can be lengthy. As a result, it is a good idea to contact a Fort Smith car accident attorney as soon as possible after your crash to ensure the clock does not run out.

Discuss Your Case with a Fort Smith Car Accident Attorney Today

If you have been hurt in a car accident, the Law Office of Jason M. Hatfield, P.A. will aggressively pursue compensation on your behalf. Our Fort Smith car accident attorneys have a deep understanding of Arkansas personal injury laws. With over two decades of experience advocating for clients in all types of car accident claims, attorney Jason M. Hatfield knows how such cases play out and is positioned to provide you with sound legal advice.

Quality legal representation is just a phone call away. Contact us today for a free consultation.

Fort Smith Personal Injury Lawyer

What a Fort Smith Car Accident Attorney Can Do to Help

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.

Table of Contents

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.
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.
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.

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
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.

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, SpringdaleFayettevilleRogersBentonville, Berryville and Harrison.

    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.

    Get Started On Your
    Free Consultation Now

    Law Office of Jason M. Hatfield P.A. Logo