Not only are personal injury laws complex, but they can also vary between states. Here are certain important facts about making personal injury claims and filing such cases in Arkansas.
Where and When to File the Personal Injury Case
Personal injury cases are generally filed in a court whose jurisdiction covers the area where the accident or incident occurred, which caused the injuries. However, there are certain exceptions, and matter of jurisdiction could be subject to certain local laws as well.
Each state has a statute of limitations regarding when you must file a personal injury claim. The general rule is that the sooner you file, the better off you’ll be. In Arkansas, the victim has three years to file a personal injury case from the date of the accident. In cases of medical malpractice, the person has three years to file a case. This period might seem long, but you need not wait that long if you want to correctly assess your damages.
What Damages can be Included in a Personal Injury Claim
The type of losses a victim can recover varies between states. In Arkansas, the plaintiff can include compensation for:
- All types of medical expenses including cost of in-home nursing
- Lost income, and expected loss of future income due to diminished earning ability due to the injuries
- Pain and suffering
- Apart from these, laws in Arkansas also allow awarding of punitive damages. However, in order to receive punitive damages, the plaintiff has to prove that the defendant willfully or wantonly caused the accident, or had total disregard for human life.
Comparative Fault State
Arkansas implements the doctrine of comparative fault, which means that victims can file personal injury lawsuits even if they are partially responsible for causing the accident. As long as the plaintiff’s fault for the accident is less than 50%, he or she can file a claim. The jury might also determine the percentage of fault for each party during the trial itself.