Pine Bluff Car Accident Attorney
A car accident can happen unexpectedly in many ways, and these incidents are a leading cause of personal injuries throughout the Pine Bluff area each year. If you or a family member recently sustained injuries in an accident another driver caused, you likely have several important legal questions about your recovery options. A Pine Bluff car accident lawyer is a vital resource in this difficult situation.
Representing Car Accident Victims in Pine Bluff, AR
The Law Office of Geoffrey D. Kearney, PLLC, offers client-focused legal counsel for car accident cases in the Pine Bluff area. The aftermath of your accident may be more challenging to resolve than you initially expected, and having an experienced Pine Bluff car accident lawyer on your side helps to level the playing field with another driver and/or their insurance carrier. Your recovery may be challenging, but the right attorney can help you achieve a positive outcome.
Our team will carefully review the details of your accident and the severity of your damages. Under state law, the driver responsible for causing an accident is liable for the resulting damages, so proving fault will be an essential first step in recovering from any vehicle accident in Pine Bluff. Once fault is established, recovering your damages is likely to begin with an auto insurance claim, but a personal injury suit may be necessary in some cases.
Ultimately, even if you think you know exactly how your accident happened and who is to blame, a trusted attorney can help to guide you through the legal proceedings likely to follow your car accident in Pine Bluff. The Law Office of Geoffrey D. Kearney, PLLC, has the experience and professional resources necessary to provide responsive and results-driven legal representation in the most challenging car accident cases in the Pine Bluff area.
Pine Bluff Car Accident Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!
Proving Liability for a Car Accident in Pine Bluff
The first challenge you will face after a car accident is proving that another driver is responsible for causing the accident. In Arkansas, all motor vehicle accident cases are resolved using a fault-based system. An injured driver must prove fault before they can recover compensation for their damages, and the at-fault driver is responsible for paying those damages. All drivers in the state are required to carry liability insurance that pays for damages they cause to others.
Most of the car accidents reported in the Pine Bluff area happen because of driver negligence. The term “negligence” is generally defined by a failure to use reasonable care and caution in a given situation or a failure to meet a specific duty of care. For example, every driver has a duty of care to operate their vehicle attentively. Distracted driving would be a breach of this duty of care. It is also possible for car accidents to happen because of illegal misconduct behind the wheel.
Some of the most commonly reported causes of car accidents in Pine Bluff include distracted driving, speeding, traffic violations, and intoxicated driving. You may remember exactly how your accident happened, or you may have been seriously injured and have no recollection of the incident at all. In either case, an experienced Pine Bluff car accident lawyer can help you gather the evidence needed to prove fault for your accident and hold the appropriate party accountable.
Your attorney can help you secure evidence such as cell phone data, traffic camera recordings, and testimony from witnesses who saw the accident happen. Once you have the evidence and witness testimony needed to identify the at-fault driver and prove that they are responsible for your accident, you can proceed with your recovery efforts and seek compensation for the damages you suffered.
Navigating the Insurance Claim Filing Process
State law requires all drivers to have personal auto insurance that includes liability coverage for property damage and bodily injury. If a driver causes an accident, their insurance policy will pay for the damages they inflicted on the other driver. However, if an at-fault driver does not have insurance, they can not only face criminal charges but also personal liability for the damages they inflicted.
Filing an auto insurance claim may sound like a straightforward process at first, but many injured drivers encounter unexpected complications in their negotiations with insurance companies. It is vital to remember that an insurance carrier has no incentive to pay out a maximum settlement. In fact, they are likely to do everything they can to minimize how much compensation they pay to you, and some will even engage in bad faith tactics to take advantage of unwary claimants.
Your Pine Bluff car accident lawyer can assist you with your negotiations with an insurance carrier. You can trust your attorney to help you gather all of the evidence needed to prove fault for your accident, file your claim correctly and on time, and manage any disputes raised by the insurance company. This will ensure you are prepared to confront unexpected complications, and the objective is to increase the likelihood that you receive a fair settlement offer.
Recovering With a Personal Injury Claim in Pine Bluff
The term “personal injury” can apply to any situation in which one party is responsible for causing injuries and/or economic losses to another party, and car accidents are one of the most common causes of personal injuries throughout the US. When auto insurance cannot or does not wish to fully compensate you for your losses, or an at-fault driver does not have auto insurance, a personal injury suit is likely to be your optimal path to recovering your damages.
Success with your personal injury case in Pine Bluff will require clear proof of fault for the accident. The standard of proof in a civil case is a “preponderance of the evidence”, meaning the evidence needs to show that the defendant is more likely than not responsible for the damages cited in the claim. Your attorney can help you gather this evidence and present it in a cohesive manner.
It’s possible to resolve a personal injury case outside of court through the settlement negotiation process, but this requires the defendant to accept liability for the accident and agree to negotiate. This process can unfold relatively quickly. The plaintiff and defendant meet privately with their attorneys to discuss mutually acceptable terms for resolving their case. As long as they can reach an agreement, it is possible for a settlement to take a fraction of the time litigation would require.
However, some personal injury cases must be resolved at trial. A defendant may deny liability, or they may argue that the plaintiff bears partial responsibility for the accident. It is also possible for a defendant to accept fault for the accident, but disagree on the amount of compensation they owe to the plaintiff. Whatever the case may be, litigation can be a difficult experience, but having the right attorney on your side allows you to approach the situation with peace of mind.
Compensation for Your Personal Injury in Pine Bluff
Your Pine Bluff car accident lawyer can not only assist you with proving fault for your accident but also assist you in proving the full range of the damages you are eligible to claim from the at-fault driver. If you succeed in proving fault for a personal injury, state law allows a plaintiff to seek compensation for any and all economic losses the defendant inflicted:
- A plaintiff can claim compensation for the cost of repairing or replacing their vehicle.
- The plaintiff has the right to seek full repayment of any and all medical expenses they incur because of the accident. This includes not only the cost of all immediate emergency care they need but also future medical expenses for treatment of serious injuries. /li>
- When a plaintiff cannot work due to their injuries, the defendant is liable for the income the plaintiff is no longer able to earn. This can include lost future earning capacity if the plaintiff was permanently disabled by their injuries and would not be able to return to their previous job.
An experienced Pine Bluff car accident lawyer can be instrumental in accurately calculating the damages you are eligible to claim with your car accident case. In addition to your economic damages, you also have the right to seek pain and suffering compensation from the defendant. This aspect of your recovery aims to compensate you for the physical pain and psychological trauma you have experienced because of the defendant’s actions.
Arkansas law does not place a specific limit on pain and suffering compensation in most personal injury cases, nor is there a specific formula that a plaintiff must use to determine how much they can claim with their case. Your Pine Bluff car accident lawyer can assist you in determining a suitable figure based on the overall severity of the injuries you suffered and the scope of long-term complications you are likely to experience because of the defendant’s actions.
The Law Office of Geoffrey D. Kearney, PLLC, has years of professional experience helping car accident victims recover their losses in the Pine Bluff area, and we are ready to put this experience to work in your case. You have a limited time to pursue compensation, so it is vital to connect with an attorney as quickly as possible after your accident.
FAQs
Generally, car accidents are resolved with a fault-based system, meaning the driver at fault for causing an accident absorbs liability for the resulting damages, and their insurance will go toward paying for the victim’s losses. The fault rule means that you will need to prove liability for your accident before you can recover any compensation through auto insurance and/or a personal injury suit.
Yes, it is possible to claim compensation for a car accident that you partially caused. Under the state’s modified comparative fault rule, it is possible for a driver to bear partial liability for their accident but still recover compensation. However, the fault percentage assigned to them must be less than that of the defendant, and this percentage will be taken from their case award to reflect their shared liability.
You need a lawyer to file an auto insurance claim if you want to have an easier time negotiating a fair settlement offer. Many insurance companies will attempt to coerce claimants into accepting far less compensation than they deserve, and some will even attempt to deny claims outright. Having an attorney assist you with your claim helps ensure you will be treated fairly, and your attorney can help you decide whether a settlement offer you receive is reasonable and acceptable.
You are likely to win more compensation if you hire a Pine Bluff car accident lawyer than you could expect to secure if you tried to handle your case alone. Even in a seemingly straightforward case, you could encounter a host of unexpected issues that you will not be able to resolve by yourself and be seen by the insurer as easier to take advantage of. In this difficult situation, you need an experienced attorney who can help you make clearer sense of your case and navigate your proceedings efficiently.
Contact a Pine Bluff Car Accident Lawyer for Expert Legal Support
The Law Office of Geoffrey D. Kearney, PLLC, can help you recover from a recent car accident with confidence. Your Pine Bluff car accident lawyer can assist you in proving fault for your accident, guide you through the auto insurance claim filing process, and build a personal injury suit if necessary for your recovery. Contact our firm today to schedule a free consultation with an experienced Pine Bluff car accident lawyer with your case.