If you have been injured in an accident caused by another party, it is likely that you have a number of questions and concerns at this time. At the Cottrell Law Office, we have helped many accident victims fight for the compensation they need following a serious injury, and we have put together the following list of some of the questions we are asked most frequently along with their answers. If you do not see your question listed below, or if you would like to discuss your situation in greater detail, do not hesitate to contact our Arkansas personal injury lawyers today at (888) 433-4861.
If a defendant feels that it may be cheaper or easier to simply offer a settlement early in a case than see it through the full legal process, they may offer a substantial amount of money to close the case before it even reaches court. However, these settlements may not always prove sufficient for a claimant's financial needs after an injury. Before accepting any settlement offer a claimant should consider the settlement closely and should consider speaking with an attorney about their options.
There are times when a government employee's negligent actions cause someone to sustain serious injuries. While there are some exceptions to the rule, injured individuals will usually be allowed to sue the government for compensation. However, they may need to go through an extended legal process that includes further review of the incident by a government agency. If no settlement is reached during this review, the case may go before the courts as normal.
Nursing home abuse and neglect is a serious problem that can leave an elderly loved one with severe injuries or health problems that may require immediate medical care. If someone suspects that their relative is being abused while at a nursing home, they may want to first consult with a legal advisor regarding their options. In addition to consulting with an attorney, a family should consider having their loved one visit a third-party physician to reveal whether injuries were likely caused by abuse or neglect. If it becomes apparent that a loved one is being abused by their residential community's employees, the person responsible may not only be held liable under criminal law, but also under civil law.
When a person is injured because of another individual's negligence or recklessness, that person may be entitled to pursue compensation for a wide range of injury-related expenses. It's important for a person considering legal action to keep any records that indicate money spent specifically because of an injury. Travel costs to and from hospitals, bills from injury-related therapy sessions, and other expenses tied to an injury may potentially be paid for by a successful injury claim.
There's no fixed time in which an injured individual can begin accepting offers for settlements from a defendant. In fact, a person may even accept a settlement before filing a lawsuit. However, before agreeing to settle for a certain amount, an injured claimant may want to first discuss whether an early settlement is the best option for them with an experienced legal advisor. Depending on a person’s unique situation, there may be a better time to accept a settlement.
Although issues of hospital or medical instrument cleanliness often rest with the hospital's administration, various circumstances could make these cases more complicated. After all, private practice physicians working within a hospital may be liable to certain sterilization or hygiene mistakes that could otherwise be the hospital's legal responsibility. As such, an injured person may want to speak with an attorney to determine who is at fault for their infection for certain.
Depending on how substantial medical bills may be, a person may have virtually no other financial option for paying for care than to promise payment after the completion of a personal injury claim. However, the choice to accept this offer is ultimately left up to the hospital. While many health care providers will allow a patient to complete their legal action before demanding payment, others may not be as lenient. A legal advisor may be able to better explain the legal situation and work to convince a hospital to be more cooperative, however.
Although misdiagnosis is always a mistake, that doesn't necessarily make it medical malpractice. Medical malpractice is defined by errors made outside of the acceptable practices of the medical profession. Under this definition, misdiagnosis that occurs when a doctor is otherwise following the accepted standard of care may not be considered medical malpractice. However, when a doctor's errors are outside of the standards of care, the resulting injuries may be grounds for legal action.
Although there are no guarantees of success when filing a personal injury claim, the right evidence can greatly increase your chance of recovering financial compensation from the party at fault for your accident. A claimant and his or her legal team may need to gather medical records, test and scan results, and testimony from medical experts to illustrate that the person’s injuries were caused by another person's negligent conduct. In addition, evidence from the scene of the incident, including photographs and video, can sometimes help a claim. Depending on the case, safety experts can also improve a claimant's case.
Sometimes, a person may turn to a law firm for assistance after an injury, only to have his or her case dropped or not accepted by the law firm. However, the injured individual may still be able to pursue compensation for injury costs with another legal advisor. Even if the case has proceeded to trial, a claimant is free to change his or her legal counsel throughout a claim. It is important to note, though, that once your claim is resolved, you cannot bring the same charges against the same defendant, even if you have a different attorney.
In short, yes. Although a person may have a pre-existing injury or condition, this doesn't exclude them from filing for compensation due to another person's negligence. If this is the case, they may need to clearly illustrate the differences between their pre-existing health problems and the injuries they sustained during the incident. This is often relatively simple to show by using medical records as evidence and citing the testimony of medical experts.
When a person is injured because of someone else's particularly dangerous or reckless behavior, they may be entitled to pursue compensation for these injuries. If the person acts with the knowledge that their behavior could be harmful, the injured individual may receive additional compensation from the court if their claim is successful. This compensation, used to punish the defendant, is known as punitive damages.
Negligence occurs when a person owes another party a duty of care and protection. This duty can be as simple as one motorist not causing a collision with another. Failing to fulfill this duty can result in placing another person in harm’s way. If this mistake causes an injury, that injured individual may be entitled to pursue compensation for their injuries in a negligence lawsuit.
Compensation can be paid in one of two ways. The first and most common is known as a structured settlement. These payments are received over time in regular installments, providing a steady stream of compensation until a defendant pays the full amount of what they owe. The other form of payment is known as a lump sum. This payment is a one-time payment, providing the full compensation sum. Considering that many successful cases can deal with thousands if not millions of dollars, lump sums aren't particularly common for many personal injury settlements.
No one can be guaranteed financial compensation when they file a lawsuit. While our attorney fight hard for our clients and have been successful in the past, there's no absolute guarantee that a lawsuit will be successful. However, through our rigorous case preparation and professional experience, we may be able to drastically strengthen a claim's chances of winning adequate compensation for the costs associated with an injury.
If a personal injury case is settled in or out of court or is dismissed, a person cannot pursue a claim for that injury against that defendant again. As a result, an injured person needs to be particularly careful about how they handle their settlement options from the beginning. A legal advisor may be immensely useful when making tough decisions regarding injury compensation.
After an accident, a personal injury victim has a limited amount of time in which he or she can file a case against the individual or party who caused the incident. In Arkansas, the statute of limitations is 3 years for most personal injury cases, although there are some situations in which the statute of limitations differs. Overall, the best way to ensure that you do not run out of time to file your case is to contact an attorney as soon as possible after your accident.
In most situations, victims of dog bite accidents are able to file cases against the dog owners that failed to control their pets. These personal injury cases can help you secure the compensation you need for any broken bones, nerve damage, and scarring left by a dog attack. Although a dog bite case can be a challenging legal process, it can be made much easier with the assistance of an experienced legal professional.
Under tort law, there are multiple elements that must be established in order to show that someone is at fault for an accident. As such, proving that a negligent person or party caused you to suffer an accident can be complicated, especially without the help of a tenacious attorney and investigative team. However, with the assistance of an experienced personal injury lawyer, you may be able to successfully determine fault and file a case against the negligent individual or group that caused your injuries.
Personal injury victims are legally entitled to file their claims without the help of attorneys. However, utilizing the assistance of a lawyer is highly beneficial due to the extensive experience and knowledge offered by these legal professionals. Taking on the demands of a lawsuit can be challenging, but with a skilled and qualified lawyer helping you through the process, you are more likely to get the financial assistance you need.