Serving Texarkana And Clients Nationwide Since 1992

Options after an auto accident injury

On Behalf of | Aug 20, 2020 | Firm News |

If you suffer a serious injury in an auto accident, you can seek financial compensation from the driver who caused the crash. You can either file a claim with the driver’s insurance policy or pursue a personal injury lawsuit.

Review the laws governing auto accident injury compensation in Arkansas before moving forward with a claim.

Available damages

Arkansas law allows you to seek compensation for these costs associated with an auto accident injury:

  • Past, current and future medical bills
  • Lost wages related to disability
  • Mental anguish, pain and suffering

You can also receive punitive damages if you can prove reckless, intentional or malicious action on behalf of the other driver. The state limits these damages to $250,000 in most cases.

Comparative negligence

Arkansas uses a modified comparative negligence standard in auto accidents where multiple parties share fault. If the court decides you had less than 50% of fault in the accident, the judge can reduce your damage amount by your fault percentage.

For example, imagine another driver ran a red light and hit your car. It just started raining and you did not have headlights illuminated. The court decides you hold 10% of the fault for the accident and reduces your $50,000 compensatory damages award to $45,000.

You must also abide by the statute of limitations. If you decide to file an auto accident lawsuit in Arkansas, you must do so within three years of the accident date. Otherwise, the state court will dismiss your case.

Although you can seek compensation from the responsible driver’s insurance policy, legal action is available when the company does not cover the full extent of your injuries.