At Niblock Law Firm, we’re committed to providing compassionate and comprehensive legal support to those who have experienced an accident-related injury. Our goal is to help our clients navigate the complexities of personal injury claims in Arkansas and recover fair compensation. Get in touch with a personal injury lawyer at our Fayetteville office for a free case evaluation.
Responsive Assistance
Getting help from us is fast and easy. You don’t even need to get up off the couch. Just call us, and we’ll review your case right away.
Aggressive Representation
You deserve an accident lawyer who will protect your rights. We’ll fight to give you the best shot at maximum compensation for your losses.
Zero Upfront Fees
Like other personal injury attorneys, we have a contingency fee agreement. You don’t owe us a dime unless we win your case. Even the initial consultation is free.
Table of Contents
- Why Choose Niblock Law Firm
- What Is a Personal Injury Claim?
- Types of Claims We Handle in Fayetteville, AR
- Types of Compensation Available in Personal Injury Cases
- What Are the Most Common Personal Injuries?
- The Personal Injury Claims Process
- How Long Do I Have to File a Personal Injury Claim in Arkansas?
- Experienced Representation, Free Legal Consultations
- Related Articles & Info
Why Choose Niblock Law Firm
Our experienced personal injury attorneys are dedicated to providing compassionate and comprehensive assistance to families and individuals in Fayetteville, Washington County, and surrounding areas who have been unjustly injured. Our objective is to maximize your settlement and provide empathetic and effective legal representation, allowing you to progress past the injuries and center your efforts on recovery. Here’s why clients choose our legal team.
- 60+ years of legal experience
- Second-generation attorneys
- Focus on personal injury
- Compassionate representation
- Local experience
- Free consultations
- No upfront fees
See What Our Clients Have To Say!
What Is a Personal Injury Claim?
A personal injury claim allows individuals who were harmed by another party’s negligence or recklessness to seek compensation for their losses. If you’ve been hurt in an accident caused by a person, business, or other entity, you may have the right to file a claim and pursue compensation.
Proving Negligence in an Arkansas Personal Injury Lawsuit
Proving negligence is key to establishing a personal injury claim. The following 3 elements are needed to prove liability in a personal injury case:
You must demonstrate that the defendant had a legal obligation to ensure your safety and well-being. For example, motorists have a duty to drive with caution, and retailers have a duty to keep their stores free from hazards.
You must show that the defendant breached their duty of care, resulting in your injuries. In other words, you need to show that the defendant knew or should have known that their actions or inactions, such as failing to clean a spill, could cause harm to you and others.
Finally, you must establish a direct link between the breach of duty and the injuries you experienced. This requires you to show that the injuries would not have occurred if the defendant had not violated the duty of care.
These components form the foundation of a personal injury case, providing a framework to establish liability and seek compensation for the injured party.
Types of Compensation Available in Personal Injury Cases
Damages are designed to restore any losses that the plaintiff experienced due to his or her injuries. The primary types of compensation include economic, non-economic, and punitive damages.
If you were hurt in a car accident or slip and fall, you know that injuries can have serious financial consequences. Economic damages are designed to reimburse you for all types of out-of-pocket expenses that occurred as a result of the accident. You may be compensated for:
- Emergency medical services
- Hospital stays
- Doctor’s appointments
- Surgeries
- Medication
- Rehabilitation or ongoing care
- Property damage
- Lost wages
- Reduced earning capacity
Non-economic damages compensate injury victims for losses that impact their quality of life. Some of the most common claims include damages for pain and suffering, emotional distress, loss of enjoyment, and loss of consortium or companionship. Our attorneys fight to recover all types of economic and non-economic damages to the fullest extent of the law.
Punitive damages, though less common, may be sought out in certain situations. Apart from compensating the victim for their injuries, punitive damages are intended to punish the defendant in cases of gross negligence or intentional disregard for others’ safety. They are designed to punish the at-fault party and prevent egregious behavior in the future.
Arkansas follows the doctrine of modified comparative negligence. This means that you may be entitled to compensation even if you were up to 49% responsible for the accident. However, any damages will be reduced according to your level of responsibility. Anyone who is determined to be at fault for 50% or more of the accident is barred from recovering damages. This highlights the importance of working with a skilled personal injury attorney in Fayetteville, as no 2 cases are the same.
What Are the Most Common Personal Injuries?
In general, if your injuries were caused by someone else, you may be eligible for compensation. Fayetteville is a thriving college town, which means that there’s an increased risk of bicycle and pedestrian accidents. As with any major city, car and truck collisions, slip and falls, and premises liability claims also occur here. These are some of the most common injuries we see:
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Burns and severe scarring
- Soft tissue injuries (sprains, strains, and tears)
- Internal injuries and organ damage
- Whiplash and neck injuries
- Emotional distress and mental health conditions (such as PTSD)
If you’ve suffered any of these injuries, contact Niblock Law Firm to discuss your legal options and potential compensation.
The Personal Injury Claims Process
When filing a personal injury case in Arkansas, it’s important to understand the legal process. Here are the steps:
- Initial Consultation: You will meet with a Fayetteville personal injury attorney to discuss your case and determine if you have a valid claim.
Investigation: We will gather evidence to support your case. This includes obtaining medical records, witness statements, video footage and any relevant paperwork. - Demand Letter: The demand letter outlines the circumstances of your injury, assigns fault to the other party, specifies your incurred damages, and presents your initial settlement offer.
- Negotiation: Once the demand letter is sent, negotiations begin. The opposing party may respond with counteroffers, and this dialogue can continue for several months.
- Filing the Lawsuit: If a fair settlement cannot be reached, we will file a claim in the appropriate Arkansas court.
- Next Steps: After filing the lawsuit, your attorney will continue to negotiate for a favorable settlement, represent you in court if necessary, and provide guidance on whether accepting a settlement offer is in your best interest.
Throughout this process, your attorney will guide you and advocate for your rights. Get started today with your free case review!
How Long Do I Have to File a Personal Injury Claim in Arkansas?
In Arkansas, the statute of limitations for personal injury claims is 3 years starting on the date of the accident. Tighter deadlines and additional requirements may apply if you were injured on a government property, such as a school or post office. Additionally, there are some exceptions that can extend this timeline if you became aware of a disability or injury at a later date. Don’t delay; take action before the statute of limitations tolls to protect your legal rights.
Experienced Representation, Free Legal Consultations
If you have been injured in a car accident or truck accident or were otherwise injured due to the negligence of a person or business, you deserve experienced and legal representation. At Niblock Law Firm, our attorneys, paralegals, and case managers are ready to assist you through every stage of your claim. Contact Niblock Law Firm to schedule a free consultation with a skilled personal injury lawyer in Fayetteville.