Personal injury lawsuits in Arkansas protect your right to seek compensation if you are injured due to the negligence of another person.
You come across instances in life where you suffer due to the mistakes of the other party. Situations like being hit by a DUI driver, suffer from bone fractures, burn and other injuries in the workplace, being hurt in a car accident, and more are all covered under personal injury.
Here is more about personal injury laws in Arkansas.
What Are Personal Injury Lawsuits in Arkansas?
Personal injury cases in Arkansas refer to those cases in which the plaintiff is injured due to the misconduct or negligence of the other party.
Personal injury laws are framed to protect the innocent’s rights and act as a punishment for the defendant party. These lawsuits are handled under civil courts and are not considered a criminal offense. This means there is no imprisonment or penalties levied on the defendants of personal injury lawsuits.
The defendant or the accused as a punishment has to pay the compensation amount to the victim. The victim files the personal injury lawsuits in Arkansas against the defendant to recover the maximum possible compensation amount.
Which Cases Are Covered Under Personal Injury Lawsuits in Arkansas?
Personal injury is a broad term with many cases under its purview. Therefore, when looking for a personal injury attorney in Arkansas, make sure you ask about the attorney’s specialization.
Not all personal injury attorneys are well versed in all kinds of personal injury cases. Here are some of the types of accident that is covered under personal injury cases in Arkansas:
Car or auto accident cases are covered under personal injury cases. If you are not an at-fault driver in a car accident, you have the right to seek compensation from the at-fault driver by filing a personal injury lawsuit.
Truck And Motorcycle Accidents
Truck accidents are different from car accidents. If you are left injured in an accident involving a truck, you can file a personal injury lawsuit against the truck driver, trucking company, or truck manufacturer, as the case may be to seek compensation.
Distracted Driving Accidents
These accidents are different from DUI. Distracted driving accidents cover accidents caused by the defendant while talking or texting on the phone while driving.
Construction Site Accidents
The victim can claim for worker’s compensation in case of accidents that occur at construction sites. Similarly, the employees of any organization have the right to seek worker’s compensation in case of injuries caused at the workplace due to negligence.
Arkansas follows a one-bite rule when it comes to dog bites. This means as a dog or pet owner. You will be held liable if your dog bites or injures in a public place. One bite rules say your dog will be granted one free bite i.e. as a dog owner, your dog’s first bite or injury would not hold you liable for providing compensation.
However, if the dangerous behavior of your pet is repeated, you will have to compensate for the injuries caused to the victim.
Wrongful Death Cases
Wrongful death cases are also covered under personal injury lawsuits. These include cases where the victim in a personal injury accident lost his life due to negligence of the other party. For instance, death in a car accident, death due to medical malpractice, death in the workplace etc.
Nursing Home Abuse
If your elderly or loved one is under nursing home tutelage and suffers nursing abuse, you can file a personal injury lawsuit on their behalf.
What Is the Statute Of Limitation for Personal Injury Cases in Arkansas?
In Arkansas, you have to file a personal injury case within three years of the date of injury discovered.
However, this doesn’t mean that the whole case should be resolved within the period of three years. In some accidents, the injuries take time to discover. Therefore it is not the date of the accident but the date of injury that should be taken into consideration.
Damage Caps in Arkansas
Initially, Arkansas didn’t have any damage caps. Damage caps refer to the maximum amount a victim can be compensated with due to a personal injury lawsuit.
At present, there are no limits or damage caps on monetary and non-monetary damages on personal injury cases except in civil injury cases like worker’s compensation, product liability.
However, there are damage caps for punitive damages in personal injury lawsuits in Arkansas. The Arkansas personal injury law for damage caps states the maximum compensation limit in punitive damages as three times the compensation amount but less than $2,50,000.