At Niblock Law Firm, our family has represented injured individuals in Fort Smith and Northwest Arkansas since 1961. As second-generation personal injury lawyers, we understand the physical, financial, and emotional challenges that you may be facing after a motorcycle accident, fall, or traumatic injury. Our team will guide you through the process from weighing your legal options to negotiating with insurance companies to secure a fair settlement. If you were injured in a preventable accident, let us fight to protect your rights. Speak to our Fort Smith personal injury lawyers today to get started.
Protecting Your Rights
We focus on protecting our clients’ right to fair compensation. Whether we’re representing you within or outside of the courtroom, we do what’s best for you.
Experienced Legal Representation
Our principal partners have over 60 years combined experience representing local clients in personal injury cases. We’ll put our experience to work for you.
No Upfront Fees, Ever
Take advantage of a free consultation to see what your case is worth. If you decide to move forward, there’s no out-of-pocket cost. You only pay if we recover compensation.
Table of Contents
What Is a Personal Injury Case?
A personal injury case is a type of civil tort that arises when someone is injured or harmed due to another party’s negligence, recklessness, or intentional misconduct. Arkansas law allows injured individuals to file a lawsuit to seek compensation for physical, financial, and emotional injuries caused by the other party. Here are a few examples:
Case Examples
- Car accidents caused by a distracted or impaired driver
- Slip and falls caused by spills, debris, or damaged surfaces
- Injuries caused by defective products or dangerous medications
- Dog bites caused when an owner fails to secure or restrain their animal
- Preventable deaths caused by another party’s actions or inactions
Elements of Proof in Personal Injury Claims
To establish a valid personal injury claim, your attorney must prove 4 key elements based on a preponderance of evidence.
- Duty of Care: The defendant had a legal obligation to ensure your safety.
- Breach of Duty: The defendant failed to meet this duty due to negligence or recklessness.
- Proximate Cause: This breach was the direct cause of your injuries or property damage.
- Damages: You experienced measurable financial losses, such as medical bills, lost wages, and physical pain, due to the accident.
What to Expect During Your Personal Injury Claim
At Niblock Law Firm, we aim to keep our clients informed throughout every step of the legal process. Our Fort Smith personal injury attorneys can explain your legal rights, compare your options, and plan for the best possible outcome. Here’s what you can expect from our team:
- Free Case Review: The first step is to schedule a free evaluation to discuss the facts of your claim and see what your case could be worth.
- Investigation: Once you decide to work with our team, we’ll get to work collecting relevant evidence, including medical bills, photos, videos, and electronic data, to help build a solid case.
- Negotiation: Next, we’ll prepare a demand letter to kick-start settlement negotiations with the insurance company. Our attorneys will handle all communications for you.
- Litigation: If we cannot reach a fair settlement, we’ll take your case to court and present the facts to a jury to ensure a fair outcome.
From start to finish, we’re here to manage all aspects of your case so that you can focus on your family and your recovery. We’re available to answer your questions, and we’ll provide regular updates to ensure that you’re informed about the progress of your case. Get in touch with us today to schedule a free case review.
Types of Fort Smith Personal Injury Lawsuits We Handle
Niblock Law Firm is a full-service personal injury practice based in Northwest Arkansas. With over 60 years of combined experience, our team brings local knowledge and professional legal representation to clients in Fort Smith and surrounding parts of Sebastian County. Learn more about some of the personal injury cases that we handle.
Car Accidents
While the number of traffic-related fatalities in Arkansas has decreased by 12% over the past several years, deadly accidents are up 30% in the past decade according to a report from KATV. Even a minor car accident can leave you with substantial repair bills and debilitating injuries. Our Fort Smith car accident lawyers can help you recover compensation from the other driver and their insurance company.
Truck Accidents
Home to major trucking companies like ABF Freight System and busy transportation corridors like I-40 and I-49, big truck accidents are common in Fort Smith and Northwest Arkansas. Our attorneys can help to hold these companies responsible for truck accidents caused by excessive speed, driver errors, inadequate training, improper loading, and faulty maintenance.
Motorcycle Accidents
Fort Smith is a great location for motorcyclists. Local riders have easy access to popular touring routes that travel through the Ouachita Mountains and the Ozarks. Unfortunately, there’s a high risk of motorcycle accidents when driving near cars and tractor-trailers or when navigating dangerous road conditions and severe weather.
Slip and Falls/Premises Liability
Slips and falls and other accidents are extremely common on the job and in public places, such as restaurants, grocery stores, and government buildings. Property owners can also be held liable for improper maintenance, poor lighting, negligent security, and dangerous repairs.
Wrongful Death
In the event of a fatal accident, surviving family members in Fort Smith can seek compensation for their loved one’s lost income, emotional support, and final expenses by filing a wrongful death lawsuit. Our attorneys are here to support you through each stage of your case.
Pedestrian & Bicycle Accidents
Pedestrians and bicyclists are vulnerable to serious injuries in the event of a crash. Cyclist- and pedestrian-involved accidents are common in urban areas, such as downtown Fort Smith, as well as suburban areas that lack appropriate infrastructure.
Dog Bites
In Arkansas, dog owners are often held liable for failing to restrain their animals. Our attorneys can help you seek compensation for medical bills, reconstructive surgery, permanent scars, and psychological trauma caused by a dog bite or animal attack.
Common Damages in Personal Injury Cases
If you were harmed by a negligent person or company, you may be entitled to compensation for your physical injuries and financial losses. Plaintiffs in Arkansas personal injury cases can seek several types of damages. Learn more about each type of compensation below.
Economic damages reimburse you for measurable financial losses, such as medical bills and damage to your vehicle or personal property. Here’s what’s included.
- Medical Bills: Covers past and future hospital stays, surgeries, medications, physical therapy, assistive devices, and long-term care
- Lost Wages: Compensates you for lost income while you recover and reduced earning capacity if you’re unable to work in the future
- Property Damage: Reimburses you for repair or replacement costs, such as damage to your home, vehicle, business equipment, or electronics
Non-economic compensation, also known as general damages, is awarded for subjective losses, such as physical pain and suffering during the accident and recovery. Scars and disabling injuries may qualify you for additional damages. Here’s what may be included.
- Pain and Suffering: Compensates you for physical pain and discomfort related to the injury
- Emotional Distress: Covers anxiety, depression, PTSD, and psychological trauma caused by the accident
- Loss of Enjoyment of Life: Applies when injuries limit your ability to enjoy hobbies and spend quality time with friends and family
Punitive damages are available in certain personal injury cases where the defendant’s gross negligence or wanton disregard for others’ safety caused the injuries. This type of compensation is designed to punish the defendant for their misconduct. Examples of cases that warrant punitive damages include drunk driving accidents, assault and battery, and certain wrongful death claims.
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Why Choose Niblock Law Firm?
At Niblock Law Firm, we combine local knowledge, decades of experience, and a client-first philosophy to provide quality legal representation to families in Fort Smith and Sebastian County, including the communities of Alma, Van Buren, Cedarville, and Ozark. Our legal team is dedicated to achieving the best possible outcomes for our clients, no matter the type of personal injury case. Here are a few reasons why clients in Northwest Arkansas choose Niblock Law Firm and recommend us to their friends, neighbors, and family.
- Local Experience: We have in-depth knowledge of Arkansas personal injury laws as well as local courts, judges, and insurance adjusters.
- Proven Results: If you want proven results, choose our team. We have a long track record of successful settlements and verdicts for car accidents, wrongful deaths, and other personal injury cases.
- Client-Centered Approach: When you work with our team, you’ll receive personalized attention and legal advice through every step of your case.
- No Fee Unless We Win: With our contingency fee system, you don’t have to worry about the cost of hiring a qualified personal injury attorney. You only pay for our services if we recover compensation for you.
- Accolades & Reviews: We take pride in offering exceptional customer service. Attorneys George and Raymond have both earned a Distinguished peer-review rating from Martindale-Hubbell, and we’ve earned dozens of positive reviews from previous clients.
- Community Connection: We live and work in Northwest Arkansas. Our father founded Niblock Law Firm in 1961. We’re proud to continue the tradition of representing personal injury clients in Fort Smith and surrounding areas.
Fort Smith Personal Injury FAQs
Personal injury settlements in Arkansas are based on the total value of your losses. This may include medical expenses, lost wages, damage to your vehicle, and pain and suffering. Total compensation is based on the severity of the injuries, recovery times, and long-term health effects. Insurance companies use special formulas to value losses, but it’s always prudent to speak with an experienced personal injury lawyer in Fort Smith to ensure that you’re fairly compensated.
In Arkansas, you have 3 years to file a lawsuit for most personal injuries. However, there are exceptions. Medical malpractice cases must be filed within 2 years, and if you’re suing a government entity for injuries, such as the City of Fort Smith, you may have as little as 120 days to provide advance notice of your intent to sue. To avoid missing deadlines that could affect your right to compensation, speak to an experienced Fort Smith personal injury lawyer as soon as possible.
Personal injury settlements vary based on the facts of each case, and results are typically confidential. A good personal injury settlement should fully compensate you for out-of-pocket expenses and physical pain, including past and future medical bills, lost wages, and changes to your daily life. Settlement values can vary widely if you’re partially at fault. Always have an attorney review your settlement offer as you will be giving up your right to seek additional compensation should you accept it.
The likelihood of winning a personal injury claim depends on the facts of the case, the parties involved, and whether liability is clear-cut or disputed. Winning a personal injury case depends on proving that the other party was negligent and that their actions were the direct cause of your injuries. While straightforward cases typically settle faster, negotiations and litigation are more complex if the case involves substantial damages or if it’s unclear who’s at fault. Having a skilled Arkansas personal injury lawyer on your team can greatly improve your chances of a successful outcome.
Most personal injury settlements are exempt from state and federal income tax. Compensation for medical care, injuries, and pain and suffering can typically be excluded from gross income. Settlements that cover lost wages or profits, punitive damages, or previously deducted medical expenses must typically be reported as other income. To avoid surprises, review potential settlement offers with an attorney or accountant to understand all tax implications.
Speak With a Local Fort Smith Personal Injury Attorney Today
If you’ve been injured in Fort Smith, don’t face the insurance companies or the legal system alone. Speak with a local Fort Smith personal injury attorney at Niblock Law Firm today. We’ll protect your rights and help you take the first steps toward recovering compensation.
Don’t delay. Time is limited. Our team is available 24/7 to answer your call and review your case. Simply fill out our short form with your name, email, phone number, and a brief description of your case, and we’ll reach out promptly. If you’re ready to talk now, get in touch. We’re here to help.