There are over 400,000 personal injury claims filed each year in the U.S. Many of these are filed in Arkansas. The most common cause of personal injuries is a motor vehicle accident, representing 52% of the total cases.
Personal injury lawsuits, like in many other states, can be relatively common in Arkansas. If you have suffered an injury that was caused by someone else’s action or inaction, you may very well have a right to bring forth a personal injury lawsuit. In order to begin, follow these steps:
Consult with an Attorney: It’s highly advisable to consult with a qualified personal injury attorney who can assess the details of your case, determine if you have a valid legal claim, and guide you through the legal process. Many attorneys offer free initial consultations.
Investigation: Your attorney will conduct an investigation to gather evidence to support your claim. This may include obtaining accident reports, interviewing witnesses, collecting medical records, and consulting with experts if necessary.
Demand Letter: Before filing a lawsuit, your attorney may send a demand letter to the at-fault party or their insurance company. This letter outlines your claim, the extent of your injuries, and the compensation you are seeking. It often serves as a starting point for settlement negotiations.
Filing the Complaint: If settlement negotiations are unsuccessful, your attorney will file a complaint in the appropriate court. The complaint outlines the facts of the case, the legal basis for your claim, and the relief (compensation) you are seeking.
Service of Process: The defendant must be served with a copy of the complaint and a summons, which notifies them of the lawsuit and their obligation to respond.
Answer: The defendant has a limited time to respond to the complaint by filing an answer. In their answer, they may admit or deny the allegations and assert any defenses they have.
Discovery: Both sides engage in the discovery process, during which they exchange information, documents, and evidence related to the case. This includes depositions and requests for documents.
Mediation or Settlement Negotiations: Parties may engage in mediation or settlement negotiations at any point during the process to attempt to reach a resolution without going to trial.
Trial: If a settlement is not reached, the case goes to trial. During the trial, both parties present evidence, witnesses testify, and the judge or jury decides the outcome.
Verdict and Judgment: After the trial, the judge or jury delivers a verdict. If you win the case, the court will issue a judgment specifying the amount of compensation you are entitled to.
If you win your case and receive a judgment in your favor, you will need to work with your attorney to collect the awarded compensation from the defendant, which may involve various legal processes.
If you’ve suffered an injury after an Arkansas accident, do not delay in consulting with an experienced personal injury attorney who is knowledgeable about the latest laws and can provide guidance tailored to your unique situation. The team at 1-800-Injured can help you do so. We are a medical and legal referral network. We connect our clients with experienced professionals who can help them with their unique personal injury needs. Contact us right away to move your personal injury lawsuit case forward.