Personal Injury Claims & Lawsuits In Arkansas

Common Types of Personal Injury Claims in Arkansas

For any accident type, understanding your legal options is vital. Personal injury claims in Arkansas fall into several categories based on the cause of the injury:

Motor Vehicle Accident

Arkansas requires all automobile owners to carry liability insurance to cover injuries and property damage caused by a driver’s negligence. After a crash, an injured motorist, cyclist or pedestrian can pursue compensation from the driver’s insurer for a car accident injury.

If the insurer denies liability, the victim, or plaintiff, can then sue the driver. The nationwide success rate for plaintiffs in these lawsuits is 64%.

General Injury

General personal injury law covers most incidents in which one party’s actions injure someone else. The victim can pursue a claim against any person or entity that acted negligently or intentionally to harm them.

However, many of these injuries might be covered by an insurance policy, so you’ll often negotiate with the insurer rather than the property owner or manager. The plaintiff’s success rate will depend on the evidence of liability from eyewitnesses, security videos and other sources. Nationally, about 50% of these lawsuits are successful.

Workers' Compensation

Workers’ compensation is an insurance system designed for workers who suffer on-the-job injuries. If you get hurt or fall ill at work, you can file a claim with your employer’s workers’ comp insurer.

Typically, you won’t need to negotiate with the insurer unless the injury results in permanent disability. Similarly, you will probably not need to file a workers’ compensation lawsuit unless the insurer denies the claim and the Workers’ Compensation Commission sides with the insurer.

Only a small number of workers’ comp claims become lawsuits, so there are no success rate figures available.

Sexual Assault

Sexual assault claims can result in lawsuits against two parties. First, the perpetrator commits an intentional tort when they cause harm or offense to the victim. Moreover, any party responsible for supervising the assailant or securing the site of the assault may be negligent in allowing the attack to occur.

Intentional torts are typically not covered by insurance. However, any negligence might be covered by general liability insurance or even property insurance. While there are no specific sexual assault numbers available, the plaintiff success rate for intentional tort cases across the country is 52%.

Dog Bite

Dog attacks typically fall under property insurance. Thus, you might sue the dog owner and negotiate with the insurer that issued the property insurance policy.

Arkansas uses negligence law to determine liability for dog bites, so your likelihood of success in a dog bite lawsuit depends on your proof that the owner carelessly restrained the dog. About 75% of dog bite lawsuits succeed.

Slip and Fall

Slip and fall accidents on someone else’s premises typically fall under property insurance. Thus, you will sue the party who owned, managed or used the premises and negotiate with their insurer.

Nationwide, the likelihood of a plaintiff winning a slip and fall lawsuit is 39%. You’ll need to show that the responsible party knew about the hazardous condition or failed to reasonably inspect and fix it.

Medical Malpractice

Medical malpractice occurs when hospitals, doctors, and medical practices provide care below a reasonable standard. You will sue the provider and their employer, then negotiate with the malpractice insurer to resolve the case.

The plaintiff success rate for these cases is 21% to 30%. If another doctor testifies that your care was substandard, your odds of winning could increase.

Filing a Personal Injury Claim

Personal injury claims & lawsuits in Arkansas typically start with an insurer. You will submit your claim on the forms provided by the insurer along with proof of your losses, such as medical records.

The insurer will then investigate your claim, and your lawyer will negotiate for a fair settlement offer. Roughly 60% to 70% of claims settle at this stage.

If the insurer denies liability, you can file a lawsuit. Arkansas law gives you three years to file a personal injury lawsuit and two years to file a medical malpractice lawsuit.

Typical Personal Injury Settlement Amounts in Arkansas

There is no typical personal injury settlement in Arkansas. Some claims, such as medical malpractice, result in higher payouts due to high insurance policy limits. However, a car accident that causes a severe, permanent injury, such as paralysis, can also produce a large payout.

Another factor is whether the case goes to trial. Juries are often generous when awarding damages, but they are also unpredictable. As a result, most cases settle before trial.

When You Need to File a Lawsuit

Only about 15% to 20% of injury claims require a lawsuit. Some situations that may prompt a lawsuit include:

• Denial by the insurance company
• Disputes over whether you contributed to your injuries
• Disagreement over your losses or the cause of your injuries

During pre-trial litigation, you and the opposing party will exchange evidence, which gives both parties a preview of the case. Consequently, only about 3% to 5% of lawsuits reach trial.

Get Matched With a Personal Injury Lawyer in Arkansas

An Arkansas personal injury attorney knows state law and court procedures. Their assistance can be critical to positioning yourself to win or settle a case.

ConsumerShield matches injured people with vetted attorneys nearby. It’s easy to get started; contact us for a free case review today.