Arkansas auto accident attorneys



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Date conversion19.05.2018
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Personal Injury

Auto Accidents [Link]

Have you or your loved one been injured in a car accident? “Lawyers To Go” only represents injured individuals. As Arkansas auto accident attorneys, we do not defend insurance companies or the responsible parties who were not injured, but whose negligent actions contributed to the injuries sustained in an auto accident.

There are many things to consider when estimating what a car accident claim is worth, which may include: ambulance bills, doctor's bills, lost income, medical costs, compensation for pain and suffering, and disfigurement. However, car accident lawsuits not only involve the victim and the defending party, but insurance companies who have a team of defense attorneys on-hand who know how to minimize payouts to an injured victim while maximizing profits for the benefit of the company and its shareholders. That is why it is critical to have the experienced and knowledgeable representation of a seasoned car accident litigation attorney in your corner. The Arkansas car accident attorneys at “Lawyers To Go” will protect all of your rights and interests, while maximizing full compensation for your economic and non-economic injuries.

Injuries suffered in auto accidents can change the course of a life. Victims often find themselves having to adjust to constant pain, an inability to participate in the activities enjoyed before the accident, and sometimes left without the capacity to earn a descent living. Meanwhile, medical bills accrue, physical therapy and chiropractic care costs skyrocket, replacement of lost possessions becomes a headache, and the constant harassment by medical providers for payment of services becomes unbearable. In the wake of a car accident, we believe injured victims should RELAX and only be concerned with the full recovery of their health, not about how they will afford necessary care or how to feed their families.

Our Arkansas auto accident attorneys pursue each case, large or small. We understand that the most important issue to you is experienced guidance and representation. The legal system can be complicated and confusing, making it all the more critical to have a trusted and knowledgeable counselor to provide experienced and dedicated representation. The Arkansas accident attorneys at “Lawyers To Go” can discuss your car accident claim with you, ensure that your rights are protected, and provide qualified, unwavering legal guidance every step of the way.

We are highly adept at standing up against large insurance companies, identifying the responsible parties, getting letters of protection from medical creditors, and understanding how injuries from the crash have affected our clients' lives. Please contact us for today for a full and free consultation.

Car Accident Statistics in the United States [link Crash Report]

It is estimated that car accidents occur nearly every twenty seconds in the United States. According to the National Highway Traffic Safety Administration, there were almost 6 million car accidents on the highways and freeways of America in 2008 which claimed the lives of 37,261 people and injured another 2.3 million people. Further, Americans spent over $719 million in collision-related expenses.

There are many Interstate highways that criss-cross Arkansas. Interstate 30, Interstate 40, Interstate 55, Interstate 430, Interstate 440, Interstate 530, Interstate 540, and Interstate 630 compliment the numerous state routes that include U.S. Highway 425, U.S. Highway 49, U.S. Highway 167, U.S. Highway 62, and U.S. Highway 278.

Unfortunately, because Arkansas is responsible for so much interstate commerce it has a correspondingly high number of car accidents. In 2008 alone, 600 people died in fatal crashes on Arkansas’ highways and roadways (http://www-fars.nhtsa.dot.gov/Trends/TrendsGeneral.aspx). Fatalities were up 36.2% in Fort Smith and 8.6% in Little Rock in 2008 with a total of 186 fatalities being reported in the twin cities.

If you or someone you love was injured in a car accident of any type in Arkansas, you need to contact a team of experienced Arkansas car accident attorneys immediately. You may be entitled to collect legal compensation for your pain and suffering, but if you wait too long you risk losing your claim under statute of limitations laws. Contact qualified Arkansas car accident attorneys at “Lawyers To Go”, and get the justice you deserve tomorrow.
Click on a question below to see the answer.

What if the automobile accident was partially my fault?

What kind of injuries should I be concerned about?

What damages can I recover?

What insurance terms should I know?


How do I know what my automobile injury is worth?
What if I have been hurt before?
Where will the money come from to compensate me?
What if the person at fault in an automobile accident has no insurance?
Am I entitled to have my car repaired?
If my car is damaged in an automobile accident, am I entitled to a rental car?
Can I choose my own doctor?

What is a personal injury lawsuit?
Do I have to file a lawsuit?
How long do I have to file my claim?
Why do I need an attorney?
How much does an attorney charge?
How long will it take to finish my claim?
Where can I get more information about personal injury claims?
What if the automobile accident was partially my fault?

Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.


Arkansas is a Fault State. This means that your insurance company and the company for the other driver will pay damages for medical claims, wage loss and other expenses based on the degree of fault. In order to recover, you must be able to prove that the other person's fault was greater than yours.

Arkansas uses a Rule called the 50% Rule, which means that an injured person cannot recover damages if the injured party was 50% or more at fault. If the injured party was 49% or less at fault, they can recover, and recovery is reduced by degree of fault. If you are less than 50% at fault you will have a viable claim.



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What kind of injuries should I be concerned about?

Injuries suffered as the result of a car accident can include whiplash, cuts, scrapes and bruises, traumatic brain injury, spinal cord injury, paralysis, quadriplegia, broken bones, concussions, head injuries, back injuries, neck injuries, loss of limbs, paraplegia and even wrongful death.



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What damages can I recover?

You are entitled to recover damages directly caused by your accident. Although every case is different, the law allows the victim of a Personal Injury to be compensated for:



  • Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.

  • Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.

  • Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.

  • Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.

  • Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.

  • Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.

  • Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.

  • Property Damage: Recovery for the value of property that was damaged.

  • Wrongful Death: A wrongful death lawsuits arises as a result of reckless, careless or negligent driving.
    While understandable, the decision to forego legal action means that the family and survivors are
    The wrongful death claim must have two main features in order to succeed:

1) The accident must have been caused by someone else (driver of deceased car, another vehicle etc) who acted negligently usually through bad driving, in some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

2) There must be adequate insurance or assets to provide the basis of a recoverable legal claim. Many, many fatal car accidents that are the result of bad driving remain uncompensated because there is no money to compensate the victim's family. Many cars are under insured with small policies ranging from $10,000 to $30,000. Often times trucking insurance, homeowners policies, business insurance may be available to compensate the family millions of dollars.


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What insurance terms should I know?

  • Bodily Injury Liability—Insurance that protects you in the event it’s determined you are responsible for an accident in which someone is injured or killed.

  • Collision Coverage—Insurance that pays for damage to your car that results from colliding with another vehicle or object, or from a vehicle rollover. Your car is covered no matter who causes the accident.

  • Comprehensive Coverage—insurance that pays for damage to your car caused by something other than a collision. This includes theft, vandalism, collision with animals and disasters such as fire, flood and hail.

  • Personal Injury Protection (PIP)—Insurance required by all Arkansas residents that covers the cost of medical care, rehabilitation therapy, lost wages, and anything else related to injuries or death from an accident involving a motor vehicle.

  • Property Damage Liability—Insurance that covers the damage your vehicle causes to someone else’s property, such as their car, mailbox or fence on their land.

  • Towing Coverage—pays for towing and labor costs for autos disabled on roadways.

  • Rental Reimbursement—Insurance that pays for the expense of a rental car during while your car is being repaired.

  • Uninsured Motorist Coverage—Insurance that pays for the cost of damages and injuries resulting from being hit by an uninsured driver or by a hit-and-run driver. It also provides coverage if an uninsured driver strikes you or a family member as a pedestrian. It will cover you and your passengers for medical expenses, lost wages, and other injury related losses to include pain and suffering.

  • Underinsured Motorist Coverage—Insurance that pays for damages that exceed the amount of coverage carried by an underinsured driver.

  • Stacking Coverage—Allows you to add together, or stack multiple vehicles for a higher total coverage. It allows you to obtain coverage from another policy in certain circumstances where the vehicle you are occupying may not have Uninsured Motorist Coverage.

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How do I know what my vehicle injury is worth?

The value of a Personal Injury case depends upon a number of factors, including:



  • How difficult it is to prove the other party was at fault,

  • the seriousness of your injuries,

  • the type of medical treatment you receive for your injuries, and

  • the amount of insurance coverage available to pay for your injuries.

The severity of your injuries and the final total amount of your medical bills are important factors in determining the value of your Personal Injury case. If your medical treatment is not yet completed, it is hard to estimate the value of your case. The insurance companies always want you to settle for a low estimate. We do not recommend that anyone settle their case until they reached minimum medical recovery.

Every Personal Injury case is different. The assistance of an attorney thoroughly familiar with Personal Injury law may be absolutely vital to properly determine the fair value of your Personal Injury claim.



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What if I have been hurt before?

Previous injuries do not affect your right to recover compensation. You are still entitled to recover damages for the re-injury or aggravation of the earlier injury.



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Where will the money come from to compensate me?

Usually, the party who caused your injury has insurance to pay for your damages. Also, your own insurance policy may contain coverage for your injuries. However, many times sources of compensation are overlooked. The assistance of a attorney experienced in handling Personal Injury claims can often increase your ability to recover. Do not expect the insurance company to tell you about all available coverage. Their goal is to minimize claims. Ours is to make sure that you are provided the maximum allowable compensation for your injury from all available, legally responsible parties.



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What if the person at fault in an automobile accident has no insurance?

Arkansas law requires drivers to maintain insurance coverage on their vehicles. Unfortunately, many drivers ignore this requirement. If your automobile policy provides for "uninsured motorist" coverage, even if the party at fault has no insurance on his vehicle, or does not have enough insurance to pay your damages, your insurance company may provide compensation. This is one of the most technical and complicated areas of Personal Injury law. The advice of an attorney from “Lawyers to Go” experienced in handling Personal Injury claims may be extremely important in this situation.



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Am I entitled to have my car repaired?

Yes! If you are involved in an automobile accident that was not your fault, the responsible party or their insurance company is liable for the damages to your vehicle. If your automobile is a total loss, you are entitled to the reasonable market value for the vehicle.



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If my car is damaged in an automobile accident am I entitled to a rental car?

Yes! If the accident was not your fault, and your vehicle is not drivable as a result of the accident, the responsible party or their insurance company will pay your expenses while your car is being repaired, if the vehicle is not a total loss.



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Can I choose my own doctor?

Absolutely! The law specifically gives you the right to select your own treating physician. You do not need advance approval from an insurance company to begin medical treatment. The law provides that YOU have the freedom to choose the type of medical care you receive as the result of an accident, as long as the care is reasonable and necessary.



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What is a personal injury lawsuit?

First, you must determine if there has been an injury. If there has been an injury like a broken bone, laceration, back injury or even a wrongful death and the injury was caused by the negligence or irresponsibility of another, there could be grounds for a personal injury lawsuit. Now that you have determined that there has been an injury caused by the negligence of another person or party, a personal injury attorney can be obtained to negotiate your personal injury claim for you. Our personal injury attorneys do not get paid unless they win your case, so don't be preoccupied with being able to afford to file a personal injury lawsuit in Arkansas. Finally, your Arkansas personal injury lawyer will determine what your personal injury case is worth. They will determine this by evaluating many factors including your hospital bills, your income, the severity of your injury, and the negligence of each party involved.



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Do I have to file a lawsuit?

Absolutely not! In fact, most Personal Injury cases are agreeably settled without filing a lawsuit. Your attorney is an experienced and skilled negotiator on your behalf. He knows your rights under the law, presses the insurance company to accept their full responsibility for your injuries and will accept nothing less.


The filing of a lawsuit may increase your expenses, therefore, we feel that a lawsuit should usually be filed only as a last resort. However, sometimes a lawsuit must be filed in order to obtain a full and fair recovery and we aggressively pursue the responsible parties if they will not agree on just compensation for our clients.

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How long do I have to file my claim?

Usually you must either settle your case or file a lawsuit within three years of the date of your accident. If suit is not filed within this time period, you may be prevented from pursuing your claim. However, there are a number of exceptions to this rule. Sometimes the filing period is shorter. If the statute of limitations expires before a personal injury suit is brought, a claimant faces the possibility of having his or her case dismissed due to untimely submission. Therefore, it is critical to contact an experienced attorney as soon as possible following a personal injury, to protect your legal rights and any compensation that is due.



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Do I need an attorney?

You are not required by law to have an attorney represent you. However, without a lawyer you must deal with an experienced insurance adjuster or insurance company lawyer on your own. Both of these parties make a living protecting the insurance company's interests. The best way to be sure that you receive each and every benefit provided by law is to have the help of an experienced lawyer who understands Personal Injury law and whose only goal is to protect YOUR RIGHTS.



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How much does an attorney charge?

Personal injury attorney fees work different than most other lawyer’s fees. You do not need to pay anything in advance out of your pocket, so you can definitely afford to hire an Arkansas personal injury attorney. In fact, many people who have been injured through no fault of their own do not have the money to hire a lawyer to protect their rights. That's the reason our fee is paid at the end of the case out of a portion of the recovery. If we are unable recover compensation for you, you do not owe us a fee. This is called a "contingency fee" arrangement and is common among Personal Injury attorneys.

In Arkansas, most injury attorneys charge a fee between 25% and 50% of your settlement. During your interview process with an attorney, they will inform you of the fee they normally charge. Fees will fluctuate depending on the type of case. An Arkansas personal injury attorney will charge a different percentage depending on the type of case.

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How long will it take to conclude my claim?

The length of time necessary to conclude an Automobile Injury case depends upon a number of factors. You will not be in a position to consider settling your claim until you know the full extent of your injuries and how much the final medical expenses will total. Therefore, the amount of time required to heal is often one of the biggest factors in determining the length of time necessary to conclude a claim. In most cases, once you have been released from medical treatment, settlement negotiations can begin almost immediately. Most claims can be settled promptly at that point.



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Where can I obtain additional information about personal injury claims?

If you or your family members have been injured in a vehicle accident, contact “Lawyers To Go” in Fort Smith. Let us use our knowledge, experience and resources to compel responsibility for your injuries. We will vigorously pursue the maximum allowable compensation for your loss under the law. There is no charge for discussing your situation with us.


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