Personal injury claims and the application of concerned laws can become quite complicated and sensitive. The victim who has suffered serious injuries will not only face added medical expenses but also suffer physical pain, emotional trauma, and loss of income. Therefore, it is paramount to receive fair compensation from the party at fault, as soon as possible. Personal injury laws differ between states, and here is a short summary of what you can expect in Arkansas.
Where and When You can File a Personal Injury Claim
Usually, the personal injury case has to be filed in the same jurisdiction where the accident has occurred. This means the case will be subject to the district laws of that area. In Arkansas, the victim is given two years to file a personal injury case, and in case of medical malpractice, the statute of limitations is three years.
The law provides a long time to file a personal injury case because a victim who is seriously injured will know the full extent of his injuries and their implications in his life only after a certain period has elapsed. However, the victim may not wait that long, since medical expenses and lost wages can drain your finances with brevity.
What Damages can You Claim?
In Arkansas, the victim can claim compensation for
- All medical expenses related to the injuries suffered in the accident, including cost of medical care at home
- Lost income and potential loss of future income
- Compensation for pain and suffering
The state laws also allow a jury or court to give a verdict awarding punitive damages along with the compensatory damages. However, for punitive damages, it must be proved that the defendant was exceptionally negligent, indifferent, or willfully caused the accident.
Time to Send a Message
Personal injury cases in Arkansas can be resolved through a mediation process, with a third party acting as the mediator. If negotiations and mediations fail, the case goes to trial and the result here is unpredictable but if you believe in your case and your attorney is supporting you then perhaps this is the route to take. If the other side is being delusional and obtuse they have the most to lose.