Absolutely. Because we work on a contingency basis, you pay no legal fees unless you win an award through settlement or from a jury after trial. With this arrangement, we are able to help ordinary folks “afford” to seek justice against large corporations and insurance companies. It also ensures that everyone has access to a trial, should that become necessary. We pay for all costs associated with your case necessary to win justice for you and ensure that you are fully and fairly compensated for all harm. If we are successful and you receive a recovery or an award, our attorney’s fees are a percentage of the amount awarded or recovered, and we are reimbursed for all out-of-pocket costs and expenses.

We would be less than truthful if we could tell you immediately how much money, if any, you might stand to recover on your claim.  Each case is different, and there is unfortunately no standard formula which can be applied.  Ultimately, the value of your case will likely be determined by four factors:

1. Is liability clear and one-sided, or did other potential factors contribute to the accident and/or the harm and damages suffered?
2. What is the nature and extent of the injuries received, and how extensive was the post-accident course of medical care?
3. Does the negligent driver or responsible party have the ability to pay for all damages and harm?
4. What is the likelihood that the actions of the negligent driver or responsible party will be considered as reckless or bad?

Depending on the nature, extent, and permanency of your injuries and the assessment of liability, the ultimate amount you stand to recover is often related to the amount of liability insurance coverage available to the other driver or the responsible party.  We will do everything we can to locate all sources of compensation—including other insurance coverages which might apply—to ensure you receive an amount which will fairly and justly compensate you for all harm and damages.

Like most states, the State of Arkansas provides that an injured person is entitled to recovery for the following elements of damage:

• The nature, extent, duration, and permanency of any injury,
• The reasonable expense of any necessary medical care, treatment, or services received, and the value of such expenses reasonably certain to be required in the future,
• Any pain, suffering, and mental anguish experienced in the past and reasonably certain to be experienced in the future,
• The value of any lost earnings or wages, along with the present value of any earnings or wages reasonably certain to be lost in the future,
• The present value of any loss of ability to earn in the future, which is sometimes characterized as a decreased or diminished earning capacity, and
• Any scars, disfigurement, and visible results of any injuries suffered, or as a result of any surgical intervention required to treat those injuries.

Each claim is different, and the amount of time depends on many factors.  A claim cannot be made until your medical providers have provided us with the medical records and bills related to the incident.  Some medical providers promptly send the requested records/bills to our office, while others may take a while.

It is crucial that we know the full nature, extent, duration, and permanency--if any--of all the injuries you suffered, as well as whether there are any recommendations with respect to future medical treatment or disabilities.  As such, while we begin collecting documentation when we are hired, we are unable to work on a settlement with the insurance company until we have the finalized files.  It is not until you have reached “maximum medical improvement” and are released by your doctor that we are able to finalize the documentation necessary to verify the total amount of your monetary damages and out-of-pocket expenses.

We will work as hard and as quickly as possible to resolve your case to your satisfaction, but it is also our goal and responsibility to ensure you don’t lose money by acting too hastily—say, before all damages and harm are documented and verified and you have fully recovered.  It is not unusual for this process to take several months, and the amount of time is largely dependent upon the severity of your injuries.

Each claim is different, and the amount of time depends on many factors. A claim cannot be made until your medical providers have provided us with the medical records and bills related to the incident. Some medical providers promptly send the requested records/bills to our office, while others may take a while.

It is crucial that we know the full nature, extent, duration, and permanency--if any--of all the injuries you suffered, as well as whether there are any recommendations with respect to future medical treatment or disabilities. As such, while we begin collecting documentation when we are hired, we are unable to work on a settlement with the insurance company until we have the finalized files. It is not until you have reached “maximum medical improvement” and are released by your doctor that we are able to finalize the documentation necessary to verify the total amount of your monetary damages and out-of-pocket expenses.

Nearly all of our clients’ cases are settled without having to file suit, and many are settled after suit is filed but before trial.  Only a small fraction of our cases actually end up going to trial, and even some of those are settled before the conclusion of the trial.  We generally only file suit if we are of the opinion that the settlement amount offered is inadequate and that—absent filing a law suit—we will not be able to obtain full and fair compensation.  Suit will never be filed without fully explaining why we believe you should file and without obtaining your express permission and consent.  Strategically, sometimes filing suit is necessary to encourage the responsible party and/or its liability insurance company to explore settlement options fairly and to engage in negotiations in good faith.

Many people are under the assumption that liability, comprehensive, and collision coverage will fully protect them in the event of a collision.  As a result, they often reject benefits such as Personal Injury Protection and Uninsured and Underinsured Motorist Coverage.

Personal Injury Protection is comprised of two different coverages.  One is for medical expenses, usually up to a limit of $5,000 per person, regardless of who was at fault.  The other is related to short-term disability benefits with a maximum of $7,280 payable over 52 months.  Underinsured motorist coverage comes into play when the value of your medical expenses, injuries, and other harm exceed the liability insurance limits of the careless driver.  The required limits in Arkansas are $25,000 person/$50,000 total per collision.  Of course, insured motorist coverage applies when the other driver fails to have liability insurance of any kind.

If you do not have health insurance, or the other motorist is not insured, you may be required to pay up front for medical treatment.  This can easily lead to debt or—worse-- declining necessary care.  And if the other driver is insured, a settlement may take months.  Personal Injury Protection and Uninsured/Underinsured Motorist coverage can help pay medical bills and lost wages, protecting those injured when the driver at fault is uninsured or underinsured.  We strongly recommend you obtain these inexpensive coverages that protect the entire family.

If the collision was caused by an individual who did not have insurance or only carried minimum coverage (which in Arkansas is $25,000.00 per person/$50,000.00 per occurrence), there may be benefits under your own automobile insurance.  If you were the driver or passenger in a vehicle not your own, there may also be coverage under that vehicle’s policy.  Such coverage is called uninsured or underinsured motorist coverage.  There can also be multiple layers of coverage that may apply under different policies.

If uninsured or underinsured motorist coverage is available, you have a right to claim these benefits in the event the responsible driver had no insurance or the insurance carried was insufficient to fully and fairly compensate you for all harm.  Please know that various insurance policies have special provisions or specific legal and statutory requirements which must be followed in order to take advantage of those coverages.

The law in the State of Arkansas when determining the measure of damages to a vehicle is as follows:

“The difference in the fair market value of his/her automobile immediately before and immediately after the occurrence, plus a reasonable amount for loss of use.   In determining any difference in market value, you may take into consideration the reasonable cost of repairs.”

Generally speaking, a fair settlement for your auto repair claim is determined by the cost of repairs.  Typically, the insurance company will have their adjuster prepare an estimate of the damages.  You are, however, allowed to take your vehicle to a repair shop of your choice and have them prepare an estimate as well.  We recommend this if you disagree with the insurance company’s assessment.

You may also be entitled to seek additional recovery for the diminished value of your vehicle.  If your vehicle is damaged and has to be repaired, this fact alone is enough to decrease its market/resale value in the eyes of a potential buyer.  Would you pay full price for a previously wrecked and repaired vehicle?

The same rule applies when your vehicle is determined to be a total loss.  The insurance company will usually declare it “totaled” if the estimated cost of repairs is 75-80% of the potential fair market value of the vehicle.  You will then be offered the pre-accident value of the vehicle, which is considered to be what it would bring if you were to sell to an individual in your area, as well as tax, title, and license fees.  For an idea of a fair settlement amount for your vehicle, we strongly recommend checking with used car value resources, such as the Kelly Blue Book or the NADA Guide (both of which can be found online these days).  Use both and take an average, since they often differ in the valuation provided.  Should you choose to keep the vehicle, however, the insurance company will subtract the estimated salvage value from the amount it is willing to pay you, based on the fair market determination.

The insurance company for the other driver should offer a rental vehicle while repair costs are estimated and while your vehicle is in the shop for repairs. As noted above, you are entitled to “a reasonable amount for loss of use.” This essentially means that you may seek payment for the time you are without the use of your vehicle.  Unfortunately, the other driver’s insurance company does not always immediately offer a rental, usually stating they must first complete their investigation.  In such a situation, you can rent a vehicle on your own and demand that you be compensated for the cost of doing so from the insurance company.  Alternatively, if you have rental coverage under your own automobile insurance policy, this may be used until the investigation is completed and the other driver’s insurance agrees to pay you for your loss of use or supply a rental.

You are also entitled to compensation for loss of use even if your vehicle is declared a total loss.  In this situation, insurance companies are generally agreeable to either providing a rental vehicle for a period of 30 days or paying you additional compensation for the loss of your vehicle for a total of 15-30 days at $25-$30 a day, less the number of days a rental car may have been provided to you.

If you receive a ticket, it does not necessarily mean you were at fault or responsible for causing the accident.  Similarly, just because the officer may not have issued a ticket to the other driver does not mean that their actions were not the cause of the accident and the harm you suffered.  No doubt, the issuance of a traffic ticket is often used by liability insurance companies to deny valid claims for compensation and recovery of damages despite the fact that it is far from the final word on who may have been responsible.  Moreover, a traffic citation is not admissible in court on an injury claim, assuming your case were to get that far.  Generally, officers are not allowed to testify as to who was at fault for an accident unless the officer was a witness to the accident or undertook efforts to reconstruct it.  Allowing an officer to testify about who got a ticket would essentially be allowing the officer to give an opinion as to who was at fault, something prohibited under most circumstances.

Unfortunately, this is not uncommon.  Nevertheless, we are sometimes able to convince a hospital or other medical provider to file through health insurance, Medicare, or Medicaid, especially if recovery limits are low and medical expenses are high.  Otherwise, most medical establishments wait until after settlement to be reimbursed for charges and don’t typically harass the patient.  In these cases, we are often able to negotiate a reduction in charges, as well.

Those to whom a right of recovery is given for damages in the event of the wrongful death and wrongful loss of a loved one generally includes the wife or husband, any children, the father, the mother, and any siblings. The elements of damage for which compensation may be claimed by these family members include, but are not necessarily limited, to the following:

• The value of any benefits, including money, goods, and services that the deceased would have contributed had they lived, taking into consideration the life expectancy of the deceased and of the family member who would have received these benefits.
• Any mental anguish suffered and reasonably likely to be suffered in the future associated with the loss of a loved one.
• Loss of consortium, which essentially refers to the loss of the society, services, companionship, and marital relationship of the husband/wife.

In addition to the claims of family members, the estate of the deceased has a right of recovery as well. The claims of family members—usually referred to as statutory beneficiaries—are asserted on their behalf by a court-appointed administrator or personal representative. It is important to note that in most situations, only a court-appointed administrator or personal representative may seek to recover damages on behalf of the estate. They include, but are not necessarily limited, to the following:

Loss of life.
Reasonable value of funeral expenses.
Any property or vehicle damages.
Any conscious pain or suffering prior to death.
Medical expenses attributable to the fatal injury.
The value of any earnings or lost wages due to time missed from work prior to death.
Any scars and disfigurement as a result of injuries sustained prior to death.
The reasonable expenses of any necessary in-home help incurred prior to death and required as a result of the injuries suffered.