Brain Injury Attorney Little Rock, Arkansas
Traumatic brain injuries (TBIs) are devastating and can lead to long-term health problems and disability. In the blink of an eye, your whole world can get turned upside down when you suffer a brain injury. While some people will recover from their brain injury, others may face a lifetime of physical and mental impairment.
If you or a loved one has suffered a brain injury, it is essential to consult with an experienced Arkansas brain injury attorney. At Rainwater, Holt & Sexton, we can help you receive the compensation you deserve for your injuries.
Our lawyers know how to fight insurance companies aggressively at every turn. We work with medical teams to identify how your specific brain injury will affect your life and future, and we use this to build a case for you and your loved ones. After all, we know that living life with a brain injury isn’t easy. It takes considerable resources to pay for medical bills, rehabilitation, and home care. That’s why we don’t back down when we negotiate with insurers on behalf of our clients. Our Arkansas brain injury lawyers will work to protect your future every step of the way.
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- What is a Traumatic Brain Injury?
- Types of Brain Injuries
- Signs & Symptoms of a Brain Injury
- Common Causes of a Brain Injury
- How to Prove Your Brain Injury Claim
- What Compensation Can Brain Injury Victims Recover?
- How a Brain Injury Attorney Can Help
- How to Choose the Right Brain Injury Attorney
- Contact Us
What is a Traumatic Brain Injury?
A Traumatic brain injury (TBI), occurs when a sudden trauma causes damage to the brain. This can happen when an object hits the head, when the head hits an object, or when the brain gets shaken. Traumatic brain injuries most commonly occur after car accidents, falls, and assaults.
TBIs can range from mild to severe and cause various physical, cognitive, and emotional symptoms.
While mild TBIs may result in a concussion, more severe TBIs can cause coma or even death. Because of the complex nature of brain injuries, personal injury cases involving TBIs can be challenging to win without an Arkansas brain injury lawyer on your side. For this reason, it is crucial to seek the help of an experienced personal injury lawyer if you have been involved in an accident that has left you with a brain injury.
Types of Brain Injuries
The type of brain injury you suffer will depend mainly on the location of the injury and how the injury occurred.
Some common types of brain injuries include:
A traumatic brain injury (TBI) is a more severe type of brain injury. It occurs when a large amount of force is exerted on the brain, such as from a fall from a great height or being in a car accident where your head hits something hard. A TBI can cause bleeding in the brain, swelling, and damage to brain cells.
A concussion is a mild traumatic brain injury. It often occurs alongside an impact to the head or after a whiplash injury. The symptoms of a concussion are relatively mild compared to more serious and life-threatening traumatic brain injuries. While concussions are not life-threatening, they do cause symptoms that require immediate medical attention. Some concussions can result in significant long-term disability and suffering.
A brain contusion is essentially a bruise to the brain. When trauma occurs, the brain tissue can get bruised and swollen. This can result in loss of oxygen to the tissue and other bleeding. Contusions are often found on the front and side of the brain, where the skull is the thinnest.
A coup brain injury refers to the side of the injury in relation to the point of impact. If the patient suffered a hit to the right side of the head and the brain injury is on the right side, then it is a coup brain injury. If the brain injury occurs on the side opposite the point of impact, it is considered a contrecoup brain injury.
This is the most severe form if a patient suffers both a coup and contrecoup injury simultaneously. Permanent brain damage risks are often high with coup-contrecoup injuries.
These injuries are most common when the brain gets shaken back and forth. Car accidents, falls, and shaken baby syndrome are the most common causes of diffuse axonal injuries. These brain injuries often result in loss of consciousness and can result in a coma in severe cases.
This brain injury occurs when an object penetrates the skull and damages the brain. These injuries are often complex because they involve skull fractures and foreign objects possibly embedded into brain tissue. Gunshots, stab wounds, and abuse are some of the most common causes of penetrating brain injuries
Signs & Symptoms of a Brain Injury
Some brain injuries can have serious consequences, including physical, cognitive, and emotional impairments. Depending on the severity of the injury, a person may experience some or all of these symptoms. In severe cases, brain injuries can even be fatal.
It is important to seek medical attention immediately if you suspect that you or someone else has suffered a brain injury. Early diagnosis and treatment can significantly improve the chances of a successful recovery.
Brain injuries can have a wide range of effects, depending on the type and severity of the injury.
Severe Brain Injury Symptoms
If you suffer from a severe brain injury, you might experience all the symptoms of a mild brain injury and more serious and life-threatening symptoms. Severe brain injury symptoms include:
- Loss of consciousness
- Persistent and worsening headache
- Repeated nausea and vomiting
- Convulsions or seizures
- Pupil dilation
- Inability to wake up
- Weakness or loss of coordination
- Clear fluid draining from the nose and ears
- Slurred speech
If you or someone you know has suffered a brain injury, it is important to seek medical attention immediately.
Mild Brain Injury Symptoms
A mild brain injury can cause a wide range of physical, cognitive, and emotional symptoms, including:
- Difficulty sleeping
- Sensitivity to light and noise
- Difficulties with concentration and memory
- Mood swings or changes in personality
Common Causes of a Brain Injury
Common Causes of a Brain Injury
Of the many different types of injuries that can occur, brain injuries are among the most serious. Though brain injuries can happen in many ways, some common causes exist.
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall
- Sports accidents
- Recreational activities
- Abuse or assaults
- Explosive devices
How to Prove Your Brain Injury Claim
After suffering a brain injury, the last thing you want to think about is compensation. However, getting the money you need to pay for your treatment and recovery is crucial. To do this, you must hire an experienced Arkansas brain injury lawyer to represent you. Your attorney will need to build your case to show the insurance company how much you’ve suffered and the damages you’ve incurred.
Your attorney must establish four key elements when proving a brain injury claim. These are the same elements as any personal injury claim.
A duty of care is the legal responsibility of a person or organization to proactively prevent harm to others. In the case of brain injury, this means taking precautions to protect people from accidents that could lead to brain damage. This might involve ensuring that dangerous materials are properly labeled and stored, maintaining a safe workplace environment, or driving safely.
For example, drivers must safely operate their vehicles to avoid injuring other motorists or pedestrians.
Breach of duty is a legal term used to describe the failure of a person to fulfill their duty of care. To prove liability and negligence in a personal injury case, your attorney must show that the defendant owed you a duty of care, which they breached. For example, a driver breaches this duty of care by speeding or driving recklessly and causing an accident. If they breach their duty of care, they can be held liable for any resulting injuries.
In a brain injury case, the defendant’s breach of duty must have led to you suffering damages. Many damages include medical expenses, lost wages, pain and suffering, and emotional distress. To recover these damages, you and your legal team must typically prove that you suffered damages.
To recover damages from the defendant, you and your Arkansas brain injury attorney must also show that the breach of duty caused their injuries. This is known as causation.
For example, if your attorney can show that the defendant’s speeding caused your injuries, you can recover damages from the defendant for those injuries. However, if you cannot show that the defendant’s actions caused your injuries, you cannot recover damages.
What Compensation Can Brain Injury Victims Recover?
When you suffer a brain injury due to the negligence of another, you can seek compensation for your losses. In general, you may recover three main types of damages in a brain injury lawsuit: economic, non-economic, and punitive damages.
Economic damages are quantitative damages. You can measure these losses easily with receipts, bills, and data. Monetary damages include both past and future losses, including:
- Medical bills
- Rehabilitation expenses
- Long-term care
- Lost wages, earnings, and benefits
- Future loss of income
- Damage to property
Punitive damages are awarded in cases where the defendant’s actions were particularly egregious, and courts award these damages to punish the offender and deter others from engaging in similar behavior. In Arkansas, there is no cap on economic or non-economic damages, but punitive damages are capped.
These damages are more difficult to quantify because they’re subjective, and no two injured accident victims suffer similarly. Some examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
How a Brain Injury Attorney Can Help
As anyone who has gone through a legal process can attest, having an attorney by your side can be immensely helpful. This is especially true in the case of a brain injury, where the stakes are high, and the path to recovery is often complicated.
An Arkansas brain injury lawyer can help you navigate the legal system, protect your rights, and ensure you receive the compensation you need to recover. They can also help you connect with expert witnesses and gather evidence to support your case.
In short, an attorney can provide invaluable assistance if you or a loved one has suffered a brain injury. If you are facing such a situation, don’t hesitate to seek legal help. It could make all the difference in the outcome of your case.
How to Choose the Right Brain Injury Attorney
How to Choose the Right Brain Injury Attorney
Choosing the right brain injury attorney is an important task. So how do you go about choosing the right brain injury lawyer? Here are some tips to keep in mind:
First, take your time. Don’t simply choose the first attorney you come across. Instead, take the time to research your options and compare different attorneys. Ask friends and family for recommendations. Once you have a shortlist of potential candidates, schedule consultations with each one. This will allow you to learn more about their experience and get a feel for their personality.
Second, be sure to ask plenty of questions during your consultation. You should ask about the attorney’s experience handling cases like yours, their success rate, and their usual litigation strategy. You should also inquire about their fees and whether they offer any payment plans.
Finally, feel free to ask about any red flags you notice during your research. For example, if an attorney has been disciplined by the state bar, you’ll want to know about it.
At Rainwater, Holt & Sexton, our Little Rock, Arkansas, car accident lawyers have successfully represented numerous car accident victims who have suffered from concussions or traumatic brain injuries. Here are a few of the clients we’ve helped in their quest for justice.
- $1,215,000 – Auto accident victim with head injuries and broken bones
- $992,000 – Truck accident victim with brain injury
- $700,000 – Car accident victim with brain injury and fractured back
- $550,000 – Car accident victim with brain injury and broken bones
Contact Our Arkansas Brain Injury Lawyers
If you or someone you love suffered a brain injury in an accident in Arkansas, you are not alone. The experienced brain injury lawyers at Rainwater, Holt & Sexton are here to help you through this difficult time. We will go to work immediately, building a solid case to help you collect maximum compensation. By working with your medical team and investigators, we can ensure that you and your family have what you need to move forward after a brain injury.
With eight offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Memphis—our personal injury lawyers are easily accessible when you need help. Call now (800) 434-4800
We’re here to help.
Personal Injury Resources
How to Deal with Insurance after a Car Accident in Arkansas
Insurance companies make billions of dollars a year in profits offering Americans peace of mind. They promise that if you pay your premiums on time, they’ll be there when catastrophe strikes. Unfortunately, this isn’t always true. Many insurance companies take advantage of injured accident victims and their fragile physical and emotional states after a crash. They often offer a lowball settlement and use a harsh “take it or leave it” approach in order to pressure crash victims into signing quickly. If you’ve been injured in a car crash in Arkansas, we can help. Our car accident attorneys know the insurance company’s tricks and tactics and we use this knowledge to fight aggressively for our clients.
Who is At Fault in a Car Accident in Arkansas
Car accidents occur in a split second – but their effects can last a lifetime. In a moment, your entire life can be turned upside down. You may be left wondering how you will recover from your injuries, who will pay your medical expenses, and when you will be able to work again. Unfortunately, the key to obtaining the money you need to recover depends largely on establishing fault after a car accident. While this may seem like a simple task, nothing could be further from the truth. Car accidents are not always cut and dry and establishing fault can be difficult. There may be multiple parties responsible for your injuries or you may share some of the blame for the crash yourself. You and the other driver may differ in how you remember the accident occurring or the police report may contain inaccuracies that jeopardize your claim. As you can see, the complexities of a car crash can make establishing fault difficult. Without the help of an experienced attorney, you could end up paying for a crash that wasn’t your fault.
Car Accident Statute of Limitations
If you suffer an injury in a car accident in Arkansas, you only have a limited time to file a personal injury claim. This is known as the statute of limitations. If you miss this critical deadline, you will not be allowed to recover money for your injuries or for damages. To learn more about your legal options, call Rainwater, Holt & Sexton. Our Arkansas car accident lawyers can make sure you do not miss deadlines for filing a lawsuit. We can work with you and the insurance companies to ensure that you have the money you need – and deserve.
Uninsured Motorist Accident Lawyers in Arkansas
Arkansas is an “add-on” state when it comes to no-fault car insurance. This means that drivers are required to carry at-fault liability coverage, but they can also add on an additional no-fault coverage policy as well. If you are injured in an accident, this no-fault liability policy will help pay your medical expenses and damages, no matter who is to blame for the accident. Unfortunately, collecting compensation after an accident isn’t always easy – even if you have a no-fault insurance policy. That’s why all injured Arkansas accident victims should contact an experienced attorney immediately after their accident. At Rainwater, Holt & Sexton, our attorneys have extensive experience negotiating accident claims with insurance companies and protecting injured accident victims and their rights to full compensation.
Arkansas Hit and Run Attorneys
Being involved in an accident can be terrifying. Realizing that the driver responsible for your accident has suddenly fled the scene can turn a scary situation into a real-life nightmare. If the driver is never found, who will pay for your medical expenses, car damages, and lost time from work? While you’re interested in finding the “at-fault” driver to pay for damages and lost wages, the police are only interested in pursuing criminal charges against the hit and run driver. So, who is on your side? With a hit-and-run accident lawyer on your side, there are ways you can use the law to recover the money needed to help pay for your medical bills. If you have PIP insurance, you may be able to start collecting money from your own policy until the driver who fled the scene of the accident is found. Hit-and-run accidents are why Uninsured Motorist Coverage exists on an auto policy. If you carry this insurance coverage, which is a good idea for everyone, it will step into the place of the wrongdoer and cover your personal injuries up to the policy limit. Uninsured Motorist Coverage is in addition to your PIP coverages, such as med pay.
How Do No-Fault Insurance Claims Work in Arkansas
Arkansas is an “add-on” state when it comes to no-fault car insurance. This means that drivers are required to carry at-fault liability coverage, but they can also add on an additional no-fault coverage policy as well. If you are injured in an accident, this no-fault liability policy will help pay your medical expenses and damages, no matter who is to blame for the accident. Unfortunately, collecting compensation after an accident isn’t always easy – even if you have a no-fault insurance policy. That’s why all injured Arkansas accident victims should contact an experienced attorney immediately after their accident. At Rainwater, Holt & Sexton, our attorneys have extensive experience negotiating accident claims with insurance companies and protecting injured accident victims and their rights to full compensation.
What to Do After a Car Accident in Arkansas
Being involved in a car accident can be terrifying. In the blink of an eye, everything can change. You may be suffering from serious injuries and suddenly unable to provide for your family. Even if you are uninjured, you may find it difficult to sleep, work, and engage in life in the same way. And, your family may be left with unimaginable financial burdens during this time, further complicating your recovery. When you are injured in a car accident, the steps you take immediately after the crash can have a significant impact on your ability to collect the compensation you deserve. Without the money you need, it may be difficult to recover fully from your injuries or repair your car quickly. Unfortunately, many accident victims in Arkansas don’t know what to do after a car accident.
What To Do If You Get Caught In Bad Weather
Most Arkansas residents know how unpredictable the weather can be and getting caught in the rain as a biker can be a little unnerving, especially if you are not prepared. Riding in rain can pose a high danger risk, but there are certain steps that you can take when being caught in the middle of... Read more »
Traumatic brain injuries (TBIs) are devastating and can lead to long-term health problems and disability. In the blink of an eye, your whole world can get turned upside down when you suffer a brain injury. While some people will recover from their brain injury, others may face a lifetime of physical and mental impairment. If you or a loved one has suffered a brain injury, it is essential to consult with an experienced Arkansas brain injury attorney. At Rainwater, Holt & Sexton, we can help you receive the compensation you deserve for your injuries. Our lawyers know how to fight insurance companies aggressively at every turn. We work with medical teams to identify how your specific brain injury will affect your life and future, and we use this to build a case for you and your loved ones. After all, we know that living life with a brain injury isn’t easy. It takes considerable resources to pay for medical bills, rehabilitation, and home care. That’s why we don’t back down when we negotiate with insurers on behalf of our clients. Our Arkansas brain injury lawyers will work to protect your future every step of the way.
Types of Elder Abuse
The National Center on Elder Abuse recognizes seven different types of elder abuse. You can recognize when your loved one might suffer from abuse if you understand these differences. Many families are shocked and saddened to discover that their loved one is a victim of elder abuse. Elder abuse can take many forms, from physical violence to financial exploitation, and it can have a devastating effect on the victim. Families may feel angry, helpless, and overwhelmed when they learn of the abuse. It is important to remember that you are not alone and there are ways to get help. Elder abuse is a serious problem. By being aware of the signs of abuse and taking action to stop it, you can help keep your loved one safe. At Rainwater, Holt & Sexton, our Arkansas elder abuse lawyers fight tirelessly for victims of elder abuse and their families. We know how difficult elder abuse is to prove. That’s why we work quickly to gather the evidence needed to win your case.
Average Motorcycle Accident Settlements
The majority of motorcycle accidents are catastrophic and life-changing. Since motorcycles lack many protective features, bikers often suffer more severe injuries, even in accidents that occur at relatively low speeds. These injuries can result in a lifetime of pain, suffering, and disability. If you suffered an injury in a motorcycle accident in Arkansas, you are not alone. In one recent year, 88,000 motorcyclists sustained injuries in accidents across the United States. Other drivers caused the majority of these catastrophic injury accidents. When another driver causes your motorcycle accident, you can seek compensation for your injuries and for the damages you suffered. You need money for medical bills, rehabilitation, lost wages, and pain and suffering. Rebuilding your life will take time, and you need compensation. However, reaching a fair settlement takes work. For this reason, injured Arkansas motorcyclists need a law firm on their side from the very start. At Rainwater, Holt & Sexton, our Arkansas motorcycle accident attorneys are skilled negotiators and litigators who can hold negligent parties accountable.
The Top 8 Motorcycle Safety Tips
According to the National Highway Traffic Safety Administration, 5,286 motorcyclists lost their lives in traffic crashes in 2016 alone. This represented a 5.1% increase in fatalities from the previous year. In 2015, more than 88,000 motorcyclists were injured in crashes that ranged from serious drunk driving crashes to minor low-speed accidents. Unfortunately, even in minor... Read more »
Injured as a Passenger in a Car Accident
Getting into an accident as a passenger can be a confusing and stressful experience. You may be concerned about who is at fault and responsible for paying damages. If your car’s driver is at fault, their insurance company will usually cover the costs of the accident. However, many insurance companies try to play hardball with passengers, making it challenging to receive the compensation you deserve. When this happens, what can you do? Where can you turn for help? The legal process might become more complex if you suffered an injury as a passenger in a car accident. You may need to know who is responsible and where to file your claim. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys can help injured passengers get the compensation they deserve. We know how to assess liability and prove your case quickly. Let us take the legal burdens off your shoulders and provide you with the legal guidance you need during this difficult time.
Stage 4 Bedsores in Nursing Homes
Stage 4 bedsores are the most severe bedsores, leading to life-threatening infections in nursing home patients. According to the Agency for Healthcare Research and Quality, over 60,000 deaths occur annually due to stage 4 bedsores. Unfortunately, these bedsores are often a sign of neglect and abuse in nursing homes. Elderly patients can develop these sores when caregivers do not reposition them often enough - a clear sign of neglect. Even worse, up to 40% of stage 4 bedsores never get reported to Medicare, even though the law requires it. If someone you love develops a stage 4 bedsore while in a nursing home or skilled care facility, you may have cause to file a claim. A nursing home abuse attorney will meet with you and help you and your family explore all your legal options. At Rainwater, Holt & Sexton, our Arkansas nursing home abuse lawyers are here to answer your questions and help your family seek justice.
Arkansas law requires pedestrians and motor vehicle drivers to share the roads to prevent accidents and injuries. Unfortunately, Little Rock roads are dangerous to pedestrians, and accidents occur here frequently. Poor infrastructure, higher speed limits, and driving distractions can increase the risk of accidents. Due to the size and weight of most cars and trucks on the road, pedestrians sustain severe injuries in an accident. Even at low speeds, a pedestrian can suffer life-threatening injuries, requiring hospitalization and a lifetime of care. If you suffered an injury in a pedestrian accident in Little Rock, you need money to pay for medical care, rehabilitation, lost wages, and future disabilities. However, insurance companies don’t make collecting compensation easy. They’re hoping you give up and take the settlement they offer without a fight. For this reason, you need a law firm on your side from the beginning. You need a Little Rock pedestrian accident lawyer to fight for you and your right to justice.
It takes time to grasp the full impact of your wreck. At first, you may not realize how fast medical bills, lost wages, and bike repairs add up. When you are recovering from a motorcycle wreck, you need time to heal. Making phone calls, signing paperwork, and tracking down police reports may turn into a full-time job. Accident victims don’t have the time or the resources to negotiate with insurance companies after their crash. Your time is better spent attending doctors appointments and focusing on rehabilitation. During this time, the services of an experienced Arkansas car accident lawyer can be invaluable. Rainwater, Holt & Sexton Injury Lawyers can handle the complicated details and help you determine the full amount of damages you could be owed, so you can focus your energy on your recovery.
Nursing Home Abuse
Serving all of Arkansas with offices in Little Rock, Springdale, Hot Springs, Conway, Bryant, and Jacksonville. About two million seniors over the age of 65 have been victims of nursing home abuse or neglect in the United States. This abuse can come in many forms, and its effects can be devastating. Even worse, most cases of nursing home abuse are never reported. Only 1 in 14 incidents are ever discovered, meaning that nursing home abuse is more common across the country than we think.
Recovering Lost Wages After Auto Accident
You’re driving home after a fun night out with friends when suddenly, a drunk driver plows into your car at a stoplight. In the blink of an eye, your whole life changes, and you suffer from severe and catastrophic injuries. During this time, you must miss months of work while you recover from your injuries and put your life back together again. How will you pay your rent without your paycheck? How will you continue to support your family? Can you get reimbursed for lost wages? An injury from an auto accident can leave you unable to work, thus making it difficult to pay bills and support a family. If you suffered an injury in a car accident caused by another person’s negligence, you have a right to recover lost wages. There are several ways to make sure you recover compensation for lost wages, but determining the right course of action is best done with the guidance of an experienced auto accident lawyer. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys know how to help accident victims recover the money they need after a crash. We work quickly to secure maximum compensation for our clients, including payments for lost wages and loss of future earnings. Call us today to learn how we can help you recover what you need after a serious Arkansas car crash!
Safety Tips to Prevent Truck Accidents
Safety Tips to Prevent Truck Accidents in Arkansas Across the United States, there was an increase in the number of trucking accidents in 2016. That year alone, more than 119,000 trucking accidents occurred, causing injury to numerous passenger occupants. That same year the number of fatal trucking accidents also increased to 4,213. The vast majority of trucking accidents – 62% – involved two or more vehicles, and they occurred most often on rural highways and Interstates. A fully loaded big rig can weigh up to 80,000 lbs., while the average passenger car weighs just 3,000 lbs. Due to the sheer size and weight discrepancy between large semi-trucks and passenger vehicles, these accidents are often catastrophic. Injuries are usually severe and life-threatening. Sadly, even when accident victims do recover, they are often left with some form of permanent disability or disfigurement. Due to the complexities of these accidents, trucking accident victims need a law firm on their side from the start. These accidents must be handled swiftly and efficiently to ensure that accident victims receive the money they need to put their lives back together again and pay for medical expenses now – and in the future. At Rainwater, Holt, & Sexton, our attorneys have successfully handled numerous trucking accident cases, and we have achieved favorable results for all our clients. While we realize that obtaining skilled legal representation from the moment you are injured is best, we also know that avoiding these accidents is even better. Get a Free Case Review Now
Who is at Fault in a Left Turn Accident in Arkansas?
Who is at Fault in a Left Turn Accident in Arkansas? For most of us, driving a vehicle is an everyday activity. While it can feel like we’re on autopilot when getting behind the wheel, we’re actually making decisions and adjustments every second to keep ourselves, our passengers, and other vehicles safe. However, even for the most experienced driver, there’s one most dangerous maneuver in Arkansas: left-hand turns. In most cases, the driver making the left-hand turn is liable for the accident and for the damages they caused. That’s because Arkansas law requires drivers making a left-hand turn to yield to all oncoming traffic. However, there are some exceptions. In Arkansas, left-hand turn accidents occur at virtually every major intersection across the state. From Hot Springs to Fayetteville, Little Rock to Jonesboro, and everywhere in between, left-hand turn accidents have claimed the lives of numerous Arkansas drivers. If you or someone you love was injured in a left-hand turn accident, it is important to know that you are not alone. It would help if you had a law firm on your side that could fight aggressively for you and your future. At Rainwater, Holt & Sexton, our Arkansas car accident lawyers have the experience and resources needed to win these cases and bring home maximum compensation for our clients. You deserve to get answers and justice after a serious car accident in Arkansas. Get a Free Case Evaluation Now
Your Guide to Getting a Rental Car After an Accident in Arkansas
Your Guide to Getting a Rental Car After an Accident in Arkansas After a car accident, you may feel confused and uncertain about where to turn for help. You know you weren’t at fault, but somehow, you’re still stuck paying the bills. If your car is damaged, you might be unable to drive to medical appointments, school, or work, making life even more difficult. How can you get a rental car after an accident, and who pays for your rental car? Because Arkansas is an “at-fault” state, if another person caused your accident, they should pay your rental car fees. However, collecting this money isn’t easy without a lawyer in your corner. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys can help you file the necessary claims and collect the money you deserve – even for a rental car. If the insurance company gives you trouble or refuses to pay these expenses, we’ll be fighting for you every step of the way.
How to Appeal a Denied Auto Insurance Claim
How to Appeal a Denied Auto Insurance Claim Insurance adjusters look for any excuse to deny your car accident insurance claim. You might already know this if you received a claim denial. Receiving a claim denial after a car accident can put a significant financial burden on you and your family. It can also make you feel scared and angry. After all, aren’t insurance companies supposed to be on your side after an accident? The cold reality is that insurance companies are NOT on your side. After a crash, their main goal is to pay you as little as possible. This is unfair, and without a legal team, you may feel helpless to fight back. Fortunately, there are ways you can fight auto insurance claim denials and win. With Rainwater, Holt & Sexton on your side, you can hold insurance companies to the task of paying you what you deserve. Our Arkansas auto accident lawyers know how to fight uncooperative insurance companies. GET FREE CONSULT NOW
Motorcycle Accidents vs Car Accidents
Motorcycle Accidents vs. Car Accidents — What’s the Difference? An open road is a dangerous place. At any given moment, there are 218 million cars, large trucks, and motorcycles traveling on the road, according to IHS Automotive. These drivers commute to and from work, transport goods, and take vacations. Unfortunately, all of these drivers on the road means a greater chance of getting into an accident. In one recent year, 6.4 million accidents occurred in the United States, resulting in injury, property damage, or death. If you ride a motorcycle or drive a car, these accidents can completely upend your life. While there are some similarities between car and motorcycle accidents, there are significant differences. Motorcyclists often suffer more severe injuries due to the lack of protection. They also face unfair biases when trying to collect compensation. For these reasons, injured bikers need to contact a law firm that understands the differences between motorcycle and car accidents. They need a motorcycle accident lawyer with experience representing injured motorcyclists who know what they’re up against. GET FREE CONSULT NOW
What is a “Release of All Claims” Form?
What is a “Release of All Claims” Form? One of the documents the insurance adjuster will attempt to get you to sign is the ‘Release of All Claims’ Form. This form is often included as part of a settlement agreement and it is a release of liability. Essentially, this form releases the other party from fault. When you sign this form, you are dismissing your claim and stating that your differences have been resolved. Insurance companies will often demand that you to sign this document before they will pay you any money. This protects the insurance company from further litigation regarding this accident. It states that you are choosing to waive your rights to future claims on this accident and have accepted the settlement they’ve offered as adequate compensation. Most ‘Release of All Claims’ Forms will include the following information: Details of the accident Your claim for property damages and/or bodily injury Identification of all parties Payment Governing law
Common Causes : Speeding
Speeding Car Accident Lawyers in Arkansas Car accidents are one of the leading causes of injury and death in the United States and Arkansas. Unfortunately, excessive speeding can be a significant factor in many of these accidents. Studies have found that speeding is involved in about 30% of all fatal crashes. Sadly, many of these accidents would not occur if drivers followed the speed limit. If you are involved in an accident caused by a speeding driver in Arkansas, it can be difficult to get the compensation you need to recover from your injuries and other damages. Insurance companies will often try to blame the victim for their own injuries, even if they are clearly not at fault. In addition, if you were speeding at the time of an accident, it may complicate your ability to collect the compensation you deserve. Insurance companies will look to pin more blame on you if you were speeding, even if you did not cause the accident. That’s where an experienced Arkansas car accident attorney comes in. A knowledgeable lawyer at Rainwater, Holt & Sexton can help you navigate through the legal process after a car accident and fight for the compensation you deserve. They can also help you understand your rights and options to make the best decision for your future. If you or a loved one have been injured in a car accident caused by someone else’s speeding, don’t wait to get help. Contact our Arkansas injury law firm today to discuss your case and learn more about your legal options. CONTACT US FOR A FREE CONSULTATION
What to Say and Not Say to the Insurance Company
What to Say and Not Say to the Insurance Company After a Car Accident in Arkansas Every injured Arkansas car accident victim has some questions about their next steps. How will I pay for my medical expenses? What happens if I can’t work again? Can I get my car repaired? Who is to blame? These questions can keep you up at night and cause you significant stress and anxiety. As you struggle to deal with your injuries, you deserve to have someone on your side who can help answer your questions and fight for your rights. However, where you go to obtain answers to those questions can profoundly impact the outcome of your injury claim. Unfortunately, Arkansas insurance companies have one main goal: to pay you as little as possible. They often twist things you say to help them reduce your claims. Contact Us for Free Case Evaluation
School Zone Accidents – Causes and Statistics
School Zone Accidents – Causes and Statistics School CrossingStudents are beginning to return to the classroom across Arkansas and Tennessee, which means more vehicles and pedestrians are on the road. The car accident lawyers at Rainwater, Holt & Sexton law firm know that increased traffic can also increase the risk of collisions between vehicles and children. In fact, according to recent statistics, more than 100 schoolchildren are injured every single year in accidents that occurred inside of school zones. These accidents often involve motorists failing to recognize the child on the road and the majority of these accidents occur as children are getting on or off of school buses or crossing at intersections near the school. When drivers are speeding, driving recklessly, or driving distracted, serious and sometimes fatal school zone accidents can occur. To combat the dangers of school zones, cities and counties have made school zone laws stricter. Speed limits through these areas during school hours is often restricted significantly to help drivers slow down and watch for children. Flashing lights or crossing guards are also used to get drivers to slow down and pay attention. Drivers who are caught speeding in school zones are also subjected to increased penalties and fines. These rules and regulations are there to protect children from deadly accidents and from sustaining serious personal injuries. Contact Us for Free Case Evaluation
When to Call a Lawyer
When to Call a Lawyer After a Car Accident in Memphis Perhaps you got into a serious car accident on the I-55? Or even a smaller road? In the aftermath of the accident, you may not know what to do or where to turn for help. You may find that insurance companies begin pressuring you to sign a quick settlement. Is this in your best interest, or is this a mistake? How do you know when to hire an attorney after a car accident? The best way to know if you should hire an attorney after a car accident in Memphis is to speak to an experienced and skilled lawyer in a FREE initial consultation. If you suffered an injury or property damage in the crash, you could benefit from their services. In fact, you stand to gain substantially more compensation with a lawyer on your side. Insurance companies know this. This is why they want you to sign quickly. They don’t want you to realize that a Memphis car accident attorney could help you. They don’t want you to call Rainwater, Holt & Sexton. GET FREE CONSULT NOW
The Most Dangerous Roads, Interstates & Intersections in Arkansas
More than 16,000 miles of state and U.S. highways and interstates run through the state of Arkansas. This doesn’t include the thousands of small city streets, county roads, and suburban neighborhoods. With all of these intersecting roads and freeways, it’s no wonder, so many car accidents occur here in this state. In 2019 alone, over... Read more »
How to Choose the Best Personal Injury Lawyer in Arkansas
When you suffer an injury in an accident, it can seem like your whole world is crashing down around you. Life as you know it may never be the same, and you need someone on your side to help you navigate this new path. As you focus on your recovery and on rebuilding your life,... Read more »
How to Investigate a Truck Accident Case
How to Investigate a Truck Accident Case Trucking accidents are some of the most catastrophic accidents on the roads. When an 80,000-pound semi-truck collides with a 4,000-pound passenger car, the results are devastating. Insurers and trucking companies know that these accidents result in serious and sometimes fatal injuries. That is why they work quickly to minimize their liabilities. To counter this and protect your rights to compensation, you need a law firm on your side that can investigate the truck accident quickly. A thorough truck accident investigation is necessary to build a solid and more valuable claim. Valuable evidence must be collected and preserved to establish liability and improve the chances of a successful outcome. In short, these investigations can quite literally make or break your case. At Rainwater, Holt & Sexton, our trucking accident lawyers represent victims of serious trucking accidents throughout Arkansas and Tennessee. We know how to investigate these accidents to uncover the evidence needed to win your case. While every investigation is unique, we know the specific areas of the collision to explore to give your claim the best chance of success. Contact Us for Free Case Evaluation
What is Impairment Rating?
What is an Impairment Rating in a Workers’ Comp Case? If you suffer an injury on the job in Arkansas, you want to get healed quickly, so you can return to work and resume your normal daily activities. Your employer and their insurer want this too. The faster you return to work, the faster they can stop paying your workers’ compensation claims. However, what happens when your injuries don’t heal or when you suffer permanent or total disability? When this occurs, your doctor must rate your impairment. This impairment rating helps to determine how long you can receive workers’ compensation benefits and how much you are entitled to receive. Each impairment has a dollar value, and the degree of impairment also matters. Your employer’s insurance company will use this impairment rating when calculating your benefits. Often, the insurance company and injured worker do not agree on the extent of the injury or the level of impairment. This is where an impairment rating helps. The rating will tell the insurer and your employer if you cannot return to work or return to work in a lighter capacity. This impairment rating is critical when it comes to receiving all the benefits you are entitled to, including workers’ compensation claims, SSA disability benefits, and other employment benefits. GET FREE CONSULT NOW
Driverless Trucking & Its Impact on Car Accidents
Driverless Trucking & Its Impact on Car Accidents Dozens of companies are currently testing and developing self-driving trucks. These trucks are expected to hit the road as early as 2021. TuSimple, for example, is currently deploying tractor-trailers that will drive themselves from pickup to delivery without anyone on board. Currently, their fleet of 40 autonomous trucks has been hauling goods between depots throughout Arizona and Texas. If that sounds frightening to you — you’re not alone. Self-driving trucks may be the future, but there is something terrifying about an 80,000-pound vehicle cruising down the road at 70 mph without anyone on board. While proponents of self-driving and autonomous commercial trucks say that this will make the roads safer, not everyone agrees. What happens when a truck accident occurs? Who is to blame, and how will accident victims obtain the compensation they need? GET FREE CONSULT NOW
Arkansas Motorcycle Laws
Arkansas Motorcycle Laws Arkansas is home to more than 76,000 bikers. Bikers here enjoy beautiful winding scenic rides during a large portion of the year. From the Arkansas Pig Trail to the Melbourne Run, there is no shortage of fun motorcycle rides in the “Natural State.” As a motorcyclist here in Arkansas, it is important to follow the rules of the road, as well as all applicable motorcycle laws. Motorcycle laws can prevent you from suffering serious injury and harm if you are involved in an accident. Understanding and following Arkansas’ motorcycle laws is an important part of staying safe out on the open road. Adhering to the rules and laws of the road can also go a long way when seeking compensation in a potential personal injury lawsuit. Motorcyclists face an uphill battle when collecting damages because they have to overcome many unfair biases. Insurance companies may try to pin some of the blame on the rider or the other drivers may claim the motorcyclist was riding recklessly. Following the rules and laws of the state can help ensure that you are able to get the money you need to move forward in life after a serious motorcycle accident.
Will My Personal Injury Case Settle or Go To Trial?
When you suffer an injury in an accident, you may need to file a personal injury claim or lawsuit to obtain the compensation you need. With the right personal injury lawyer on your team, you can typically get significantly more money for your accident and injuries. Your lawyer will work to negotiate the best possible... Read more »
Common Causes of Motorcycle Accidents
The Most Common Causes of Motorcycle Accidents in Arkansas & How to Avoid Them Motorcyclists in Arkansas face a variety of obstacles, challenges, and risks when riding on the road. However, the most common risk they face is simply being on the road with other vehicles. Did you know that other drivers are responsible for the majority of motorcycle accidents on the road? That’s right! Other drivers simply do not take the time to look for motorcyclists who may be sharing the road — and the results are disastrous. Understanding what caused your Arkansas motorcycle crash is an important part of your claim. Your attorney will need to examine and investigate your accident closely to determine why your accident occurred and who is to blame for the crash. In many situations, multiple parties can share the blame — further complicating your injury claim.
Who Can Sue for Wrongful Death After an Auto Accident?
Who Can Sue for Wrongful Death After an Auto Accident in Arkansas? If you lost a loved one in an auto accident in Arkansas, you know that your life will never be the same. In the blink of an eye, everything you planned and all your future dreams may have been lost. The pain of losing a loved one is unbearable and survivors are often uncertain how they will ever put their lives back together. During this difficult time, it is important to know that you are not alone. A compassionate Arkansas attorney can help you through the aftermath of a tragic auto accident. In many cases, surviving family members can file a wrongful death lawsuit to help recover financial losses. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to shoulder unnecessary financial burdens because of another person’s negligence. When a person or entity causes the death of another, surviving family members can bring legal action in civil court against the negligent party. This is known as filing a wrongful death suit. In Arkansas, however, only certain family members are allowed to file a wrongful death lawsuit to seek a civil remedy. Wrongful death in an auto accident can happen if, for example, a driver fails to stop at a red light and collides with another car or a driver drives the wrong way on a one-way street harming others. In these instances, the driver is not abiding by traffic laws, failing to use reasonable care while operating their vehicle. Under state law, the personal representative of the deceased’s estate must be the one to file the wrongful death claim in court. But what do you do if a representative was never appointed? If there is no personal representative, then surviving family members may be able to file a wrongful death lawsuit, including: Surviving spouse Children Parents Siblings Dependent minors Life partners Be prepared to prove your relationship to the deceased with a wedding license, birth certificate or copy of the will, depending on your relationship. Let Us Reivew Your Case
When to Hire a Lawyer
When to Hire a Worker’s Comp Lawyer After a Work Injury? In Arkansas, injured workers can receive money for medical expenses and compensation for lost wages through workers’ compensation claims. You receive these benefits if you suffer an injury or illness at work or while performing job-related duties. Better yet, you do not have to prove fault or establish liability to receive these benefits. Even if you are to blame for your accident, if you are injured at work, you have a right to file a workers’ compensation claim. While this may seem easy and pretty straightforward, insurance companies and employers are often reluctant to pay these benefits as long as needed. They may push workers to return to work too soon or look for any evidence to reduce the length of time they must pay these benefits. For these reasons, it is important to have an experienced workers’ compensation lawyer on your side from the start. At Rainwater, Holt & Sexton, our Arkansas workers’ compensation lawyers know how to get the most for our clients. We understand the complexities surrounding many workers’ compensation claims, and we can help you through this difficult time. Call us today to learn more about what we can do for you!
Independent Medical Examination
What is an Independent Medical Examination & How Does an IME Impact my Workers Comp Case? After an on-the-job injury in Arkansas, one of the first steps when filing a workers’ compensation claim is to visit the treating doctor for examination of your injury. This is an important step in getting a diagnosis, as well as much-needed treatment. However, your treating doctor is not the only one that will likely examine you. Your employer’s insurers are allowed to contract an independent medical examiner to examine you, too. The purpose of independent medical exams (IME) is to act as a cross-reference, ensuring workers are not exaggerating their injury. This IME is important to insurance companies because there are over 4.5 million workplace injuries every year. These injuries result in payouts of over $62 billion and workers’ compensation insurers want to be sure that they are not paying more than is absolutely necessary. As a result, independent medical exams are often a requirement when seeking benefits. Unfortunately, although the word “independent” is in their title, these examinations and the physicians who conduct them are not completely sovereign from the insurance company. In 2009, the New York Times found in a review of case files, medical records, and interviews that IME reports tend to benefit insurers. For this reason alone, it is important to have someone on your side who can help you through the initial IME. You need a workers’ compensation attorney who can prepare you for the initial meeting with an independent medical examiner, so you can obtain the compensation and benefits you rightfully deserve. GET FREE CONSULT NOW
Truck Driver Fatigue: The Dangers of Drowsy Truckers
Truck Driver Fatigue: The Dangers of Drowsy Truckers Tractor-trailers can easily weigh up to 80,000 lbs. and carry with it enough force to crush a car in less than a second. Put that kind of weight together with a pressured or fatigued driver, and you have a recipe for disaster. Drowsy truck drivers often make serious mistakes or fail to react appropriately in emergencies. When this occurs, they can — and should — be held liable for their mistakes. However, the trucking company may also be to blame for their fatigued truckers. Injured accident victims often face a lifetime of uncertainty and disability after a serious truck accident. As such, they need someone on their side from the very start who is willing to fight for them and their rights to compensation. If you suffered an injury in a truck accident because of a drowsy driver in Arkansas or Tennessee, we can help. At Rainwater, Holt & Sexton, our law firm has the experience and resources needed to tackle even the toughest truck accident cases. Call us today to set up a free initial consultation to learn more about your legal options after an accident with a semi. GET FREE CONSULT NOW
What are Future Damages in a Personal Injury Case?
If you suffered an injury because of someone else’s negligence, you should not have to face any expenses as a consequence of that injury. Justice means that the person or people responsible for your injury should be the same ones responsible for paying for it. After a serious accident, you deserve justice and an experienced... Read more »
Car Accident Property Damage
Car Accident Property Damage & When to Get a Lawyer After a car accident, there is one thing almost all crash victims do. They get out and look at the damage to their cars. Why? Because everyone is worried about their property damage. Fixing a car that has been in an accident can be expensive and can take a long time. During that time, it is difficult to get to work, run errands, and attend appointments. As such, crash victims often want to get their car repaired quickly, so they can get back to their lives.
Airbags Didn’t Deploy – Do I Have a Case?
Do I Have a Case if My Airbags Didn’t Deploy During My Car Accident? When you get into a car accident, you trust that your car’s safety features will protect you from harm. After all these features are designed to protect drivers and passengers from the extreme forces of the crash. While they cannot prevent all injuries, they do reduce the severity of the injuries suffered. But what happens when your airbags don’t deploy during a car accident? In some situations, this could be the result of a manufacturing defect. When a manufacturer’s negligence or defective design results in your injury, you may be able to file a claim or lawsuit seeking damages. However, these types of cases are complex and difficult to navigate on your own. As such, it is important to speak to an experienced Arkansas product liability lawyer immediately to explore your legal options.
Impact of Medication Errors in Nursing Homes
The Impact of Medication Errors in Nursing Homes Between 2013-2017, Arkansas’s nursing home population reached nearly 3 million residents in total. During that time, there were 216 “significant” medication errors in nursing homes throughout Arkansas. These medication errors caused tremendous harm, pain, and suffering. In some cases, they even resulted in death. That is because elderly patients are vulnerable and at high risk for suffering severe injuries when given an improper dose of medication or the wrong medication. Sadly, Arkansas elderly residents are at a higher risk for suffering a medication error in nursing homes than other nearby states. Texas, for example, reported only 128 more serious medication errors in nursing homes during the same time period. This means that Arkansas has 19 times more reported “significant” medication errors, per capita, than does Texas. In fact, the average percentage of facilities cited annually in Arkansas is significantly higher than all the other states in the region, with 20.4 percent of facilities in Arkansas being cited for medication errors compared to 5.5 percent in Texas, 2.8 percent in Louisiana, and 5.4 percent in Oklahoma. When understaffed, overworked, or negligent caregivers make medication errors in nursing homes, they can cause grave harm to their patients. If your loved one suffered an injury because of a medication error, you have a right to justice. Nursing homes can – and should – be held accountable for the mistakes they make. An experienced Arkansas nursing home lawyer can help hold them accountable and get your loved ones the compensation they deserve. Contact Us for Free Case Evaluation
Arkansas Pedestrian Traffic Laws Did you know that every year in Arkansas, an estimated 25 pedestrians die in accidents that could have been prevented? From hit-and-run accidents to drunk driving crashes, pedestrians face numerous dangers when crossing the road. Pedestrians are the most vulnerable people on the road. There is no protection between them and the surrounding vehicles. After all, the human body is not made to withstand the forces of a car accident. Even when accidents occur at low speeds, pedestrians can suffer serious and fatal injuries. From broken bones to serious head injuries, injuries suffered in pedestrian accidents often result in long-term disability, pain, and suffering. To help protect Arkansas pedestrians from harm, local and state lawmakers have passed numerous laws throughout the state. These laws help to keep pedestrians safe from the many vehicles that share the road with them. In addition, lawmakers from Little Rock to Pine Bluff have begun to evaluate and improve the various infrastructures throughout the metropolitan areas. These improvements seek to address safety concerns and create better traffic flow throughout the city. They also provide new and safer pedestrian paths and crossings to accommodate the growing number of pedestrians in urban areas. Contact Us for Free Case Evaluation
How Insurance Companies Take Advantage
How Insurance Companies Take Advantage of Injured Workers An insurance company is a business looking to make a profit. An insurance company looks for ways to help a worker’s compensation claim end up so the insurance company spends less money to help you recover. An insurance company may put its interests ahead of yours. There are certain events that can affect the outcome of your workers’ compensation claim. Here are a few ways an insurer may try to rip you off. GET FREE CONSULT NOW Insurance Companies Send You To Their Doctors Worker’s compensation law allows the employer to choose the initial physician. The “company” doctor is likely a doctor chosen by the worker’s compensation insurance company or a doctor on a list of preferred doctors that handle their claims. Doctors who agree to have a relationship with insurance companies receive income from the insurance company referrals. This places the doctor in a position where the doctors could feel obligated to make a diagnosis or recommendation that is not objectionable to the worker’s compensation adjuster. A doctor who disagrees too frequently with the insurance adjuster’s recommendation could end up off the approved list. Insurance Companies Delay Approval of Medical Treatment Even if your doctor or multiple doctors suggest that you need treatment for your injuries or need other medical care, an insurer can delay the decision by requesting opinions from several different doctors, waiting for a doctor to give an opinion that matches the insurer’s view of the claim. A delay in approval for surgery or medication can lead to longer recovery or permanent consequences. Insurance Companies Blame Injuries on Existing Conditions An insurance company can blame your injury on an existing condition like aging, prior injuries, or the structure of your body to avoid compensating you for lost wages and treatment. If they can make an argument that your injury was caused by something other than workplace conditions, they can save themselves from paying for your recovery. If you feel your employer’s worker’s compensation insurer is taking advantage of you or your claim is not reaching a fair outcome, discuss your situation with a workers’ comp lawyer like Rainwater, Holt & Sexton.
When Should I Get An Attorney for a Car Accident?
When Should I Get An Attorney for a Car Accident? After an accident, car accident victims are often left to deal with serious injuries and rising medical bills on their own. Insurance companies often offer accident victims a low-ball settlement that is just a fraction of what they need to recover. These insurance companies don’t have your best interest in mind—the only people they have in mind are their shareholders and reducing their liabilities. They may pressure accident victims into signing a settlement too quickly and you could end up with less than you need to cover your injuries. The moment your accident occurred, a clock started ticking. It’s a countdown to the first financial hit coming your way as a result of your injuries. For most folks, that first hit is a missed paycheck. Then the first medical bill comes in, and there won’t be just one. Pretty soon, you find yourself with a financial problem that you don’t know how to solve. That’s why it’s important that you call one of our experienced car accident attorneys as soon as possible following your accident. This ensures that our team can collect important evidence and witness accounts that could be lost over time. It also allows our legal team to go to work quickly to build a strong case for you. The sooner you call, the sooner you can get the compensation you deserve for your accident. GET FREE CONSULT NOW Steps to Take After a Car Accident Immediately after you are injured in a car accident, there are steps you can take to help you collect the compensation you need. Call 911 – Call 911 and report your accident, which helps alert both police officials and emergency medical teams to the scene of the accident. Your police report and your medical report will be invaluable when establishing fault and liability. Without them, it’s just your word against theirs. Gather Evidence – Gathering evidence can be done easily now that we have smartphones. Snap pictures of license plates, eyewitness information, vehicle damage, traffic patterns, intersections, and any other important information that could help your lawyer establish fault. Contact a Lawyer – Insurance companies will always seek to reduce their liabilities by offering accident victims a low-ball settlement offer. This is usually a fraction of what you need to recover. Contact an experienced car accident attorney immediately to begin building your case. Remember, contacting an attorney is not the same thing as filing a lawsuit. What Not to Do After a Car Accident While it’s important to know what to do after a car accident, it’s equally important to know what NOT to do. Immediately after your accident, avoid making these serious car accident mistakes. Not Reporting Your Accident – Sometimes it can be tempting to just exchange information with the other driver and go on your way, especially if you don’t believe you’ve been injured. Unfortunately, some car accident injuries can take days and even weeks to become fully apparent. Always report your accident and obtain a police report. Admitting Blame – It’s human nature to apologize – even when we are not wrong. Yet after a car accident, saying “I’m sorry” can be used to show that you admitted fault for the crash. Even if you believe that you were partly to blame, do not admit fault. Accepting Settlement – The insurance company will often use a “take it or leave it” approach to pressure injured accident victims into accepting a settlement that is far below what they need to truly recover. Don’t sign anything without first speaking with an attorney. What is the Statute of Limitations? In the state of Arkansas, car accident victims only have three years from the date of the accident to file a claim. While this may seem like a lot of time, three years can pass quickly after a crash. You may be injured severely and focused on recovery and on improving your life. You may be struggling to make ends meet and trying to help your family stay out of bankruptcy after an accident. During this time, valuable evidence might get lost or even destroyed. Contact an experienced lawyer for your car accident immediately to begin building your case and to avoid missing any critical deadlines. If you’ve been injured in a car accident, don’t wait to get the legal help you need. Call our car accident attorneys today for a free consultation. We’re ready to help you get maximum compensation for your injury claim. When to Call a Lawyer Not everyone who has been involved in a car accident will need to seek legal representation. However, if your accident was severe or complex, then it’s necessary to call a lawyer as soon as possible, so they can begin building your case. If any of the following apply to your situation, call a lawyer right away: Any accident that causes significant injury to you or someone else Any accident where fault is not clearly established Any crash involving another motorist, such as a pedestrian, other cars, truck, or cyclist Any collision in a school zone Any crash in a construction zone or work zone Anytime you disagree with the police report Any crash involving an underinsured or uninsured driver Anytime insurance companies send mixed messages or offer confusing answers to liability concerns Small fender-benders often will not require the assistance of an attorney, however, there are special circumstances where an attorney’s services could be invaluable after a minor crash. These include: Minor collisions that result in significant vehicle or property damage Any injuries to a passenger in your own vehicle or to yourself Any significant work missed by you or your passengers Problems dealing with car repairs and insurance limits The sooner you contact an attorney, the better. In the state of Arkansas, you only have three years to file a personal injury claim. While that may seem like a lot of time, valuable evidence can be lost or destroyed in just a few weeks. That’s why injured accident victims should call an attorney as soon as they are able, even if they’re not certain they wish to file a lawsuit. Our lawyers offer a free consultation and review of your case and we can help you choose the legal path that is best for you and your family. Call us today at (800) 434-4800 to learn more. What to Provide Your Lawyer Make sure your meeting runs smoothly by providing your lawyer with the following information: Contact information Key facts about your case Police report Medical records Financial documents or medical receipts Photos of accident scene or damage Witness contact information and statements When to File A Claim Once you’ve met, your attorney will investigate all aspects of your case and begin negotiating with the insurance company. Remember, a personal injury claim is different from a personal injury lawsuit. A personal injury claim is between you and the at-fault driver’s insurance company and involves a series of negotiations. At Rainwater, Holt & Sexton, our Arkansas personal injury lawyer are skilled negotiators who obtain maximum compensation for our injured clients. If the insurance company plays hardball, however, you may need to file a personal injury lawsuit against the negligent party to seek damages. This often occurs when the insurance claims adjuster denies who was at fault for the accident or doesn’t agree with the severity of your injuries. When negotiations stall and a settlement cannot be reached, the next step is a personal injury lawsuit.
Your Guide to Worker’s Comp & Social Security Disability in Arkansas
What’s the Difference Between Workers’ Compensation and SSDI? When you suffer a serious, life-changing injury at work, you may find yourself considering both workers’ compensation and Social Security Disability Insurance (SSDI). When your injury results in permanent disability, you need to be able to collect the benefits you are entitled to. But should you collect workers’ compensation or SSDI benefits? The answer to that depends on your injury and your degree of disability. It also depends on whether you can obtain approval for SSDI benefits. In some cases, you may be able to collect both. Unfortunately, collecting the benefits you need after a serious and disabling injury is not easy. That is why so many injured Arkansas workers turn to Rainwater, Holt & Sexton to help them after suffering a significant work-related injury. Our Arkansas SSDI lawyers can help you through the process of getting both worker’s compensation benefits and SSDI benefits if you qualify. We can also represent you through the appeals process to ensure that you get the money you need to move forward in life after suffering a disability. Call us today to start reviewing all your legal options. GET FREE CONSULT NOW
Motorcycle Safety Gear
Your Ulitmate Guide to Motorcycle Safety Gear As a motorcyclist, there’s little standing between you and the open road. Thrilling as this may be, it’s also dangerous — you have to brave the elements, dodge road debris, and maneuver through tight spaces, all without the added protection of airbags and seatbelts. To minimize the risk of serious injury, proper safety gear is a must-have. The Arkansas motorcycle accident attorneys at Rainwater, Holt & Sexton know the importance of wearing safety gear while riding. That’s why we’ve compiled everything you need to know about staying protected on the road: the type of gear you should purchase, the top brands to keep an eye out for, and extra safety tips to help you avoid accidents while riding. Here’s our ultimate guide to the best safety gear for Arkansas motorcyclists.
Arkansas Motorcycle Helmet Laws
Guide to Arkansas Motorcycle Helmet Laws Arkansas is home to more than 76,000 motorcyclists for good reason. Bikers here enjoy beautiful winding scenic rides during a large portion of the year. From the Arkansas Pig Trail to the Melbourne Run, there is no shortage of fun motorcycle rides in the “Natural State.” As a motorcyclist here in Arkansas, it is important to follow the rules of the road, as well as all applicable motorcycle helmet laws. Motorcycle helmet laws can prevent you from suffering serious injury and harm if you are involved in an accident. In fact, it is often your only form of protection during a crash. But are you required to wear a helmet at all times? What happens if you do not wear a helmet? Understanding Arkansas’ motorcycle helmet laws is an important part of staying safe out on the open road. Learn More About What to do After a Motorcycle Accident Motorcycle Helmet Law in Arkansas Helmet laws help protect motorcyclists from suffering serious injury and harm. However, not all states have universal helmet laws. Arkansas is one of them. In 1997, the state’s mandatory motorcycle helmet law was repealed . Instead, legislators enacted a law that only required motorcyclists and passengers under the age of 21 to wear a helmet. This repeal had significant consequences for motorcyclists. A 6-year retrospective study found that after the repeal, motorcyclists had significantly more severe head and neck injuries. In addition, they suffered higher medical expenses and more fatalities. The researchers concluded that the repeal of the mandatory helmet law was associated with an increase in the non-helmeted crash scene fatality rate and disproportionately higher hospital admission rates. After Arkansas repealed their universal helmet law, more riders and passengers were seen on their bikes without a helmet. In states like Arkansas who do not have a universal helmet law, only 60 percent of riders actually wear helmets. In mandatory helmet states, 97 percent of bikers wear helmets while riding. Why Should You Wear a Helmet? Even though Arkansas motorcyclists 21 and older are not required to wear a helmet when riding, it is still the safest thing to do. Helmets decrease the chances of suffering a serious and life-threatening injury. In fact, studies have shown that helmets reduce the risk of death by up to 42 percent . Unhelmeted riders are also 3x more likely to suffer serious and fatal traumatic brain injuries than helmeted riders. According to the CDC , one study found that wearing a motorcycle helmet actually reduces your risk of suffering a brain injury by up to 69 percent. Unfortunately, some bikers believe that wearing a helmet increases their risk of suffering neck injuries. They are also concerned that it will impact their peripheral vision and hearing. However, there are no credible studies that back up these fears and concerns. In fact, more than a dozen studies have actually found the opposite to be true. Wearing a helmet does not restrict your ability to hear horns or traffic noises, nor does it obstruct your view when changing lanes. Wear DOT-Approved Helmets Only In order to protect yourself from serious head injuries, it is important to choose a DOT-approved motorcycle helmet. You can choose from full face helmets, open face helmets and half helmets. Full face helmets provide the most coverage and protection. Half helmets provide the least amount of coverage, but are better than not wearing a helmet at all. However, studies have shown that bikers wearing half helmets were twice as likely to suffer traumatic brain injuries than those wearing full face or open face helmets. Wear High Visibility Helmets Another aspect to consider when choosing a helmet is visibility. While black may seem cool, it is less likely to help you stand out in traffic and on the open road. Consider a colorful helmet that has reflective properties as well. If your motorcycle helmet does not have reflective strips, you can purchase reflective tape to add to it. Why is color and reflection so important? It can help other drivers see you on the road! A study by BMJ found that riders wearing bright or reflective motorcycle gear had a 37 percent lower risk of crash. When riders simply wore a white helmet, they had a 24 percent lower risk of getting into a motorcycle accident than riders who wore black helmets. Injured in an Arkansas Motorcycle Accident? If you or someone you love has been injured in a motorcycle accident, we want to be the only law firm you call. With eight offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Memphis—our motorcycle injury lawyers are here whenever you need guidance!
Airbag Injury Lawyer in Arkansas & Tennessee When you are involved in a car accident, you trust that your vehicle’s protective devices will help you avoid injury. Unfortunately, sometimes the devices that are supposed to offer us protection actually result in significant personal injury. When a car’s airbag deploys during an accident, it does so at a very high speed. It is hot and covered in chemicals that help it deploy quickly. This can result in serious airbag injury to the driver and passengers, whether it’s an auto accident or big rig truck accident. Airbags can cause significant injuries that may even result in permanent disability and impairment. If you or your loved one are injured by airbag deployment, you need an experienced Arkansas car accident lawyer fighting for you and your rights to compensation. Without a personal injury attorney on your side, you may not recover the money you need to pay all of your expenses. You may also have have a case if your airbags do not deploy.
Broken Bones & Fractures Attorney Little Rock, Arkansas
Broken Bones & Fractures Lawyer in Arkansas Common Auto, Truck and Motorcycle Accident Injuries Approximately six million people in the United States break a bone each year. These fractures range from minor breaks to more serious compound fractures. While any type of trauma can cause a bone to break, car, truck and motorcycle accidents are some of the most common causes. Unfortunately, after a car or truck accident, injured accident victims do not always take fractures seriously. They may believe that their injuries are not that severe and that they will make a full recovery after the initial treatment is done. This is far from true. Many car accident victims lose range of motion or suffer from chronic stiffness and pain long after the injury has healed. While minor fractures may not pose any long-term danger, more serious fractures can result in significant complications, impairments, and a lifetime of chronic pain and suffering. This is why accident victims need an experienced Arkansas law firm and skilled car accident lawyer in their corner. Your personal injury attorney will be able to help you obtain the money you need to recover after a significant fracture. CONTACT US FOR A FREE CONSULTATION
Whiplash Lawyers in Arkansas Auto, Truck, Equipment, and Workers’ Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and can damage the delicate muscles, ligaments, and tendons in the neck. The same can occur with trauma from a slip and fall, equipment accident, nursing home abuse, or assault. Due to the nature of these injuries, the full extent of damage is not always fully apparent right after a crash or other accident. However, in the hours and days following the accident, victims may begin to experience pain, stiffness, and numbness in their neck and extremities. Whether you feel all the effects of whiplash right away or start to experience them later, it is important to seek medical help immediately and then speak with an experienced personal injury lawyer as soon as possible. Neck injuries, such as whiplash, can result in a lifetime of pain and disability if they are not treated promptly. Even with good medical care, some injured accident victims will develop chronic neck pain and impairment. As such, it is important to contact an experienced Arkansas car accident lawyer as soon as you can after your accident. Your personal injury lawyer will be able to protect your rights to full and complete compensation, no matter how serious your injuries may be. CONTACT US FOR A FREE CONSULTATION
Poor Highway Design
Poor Highway Design Common Causes of Auto Accidents The Federal-Aid Highway Act of 1956 gave birth to the massive network of interstates and highways that traverse our vast country. Construction of the Interstate Highway System took nearly 40 years and was finally proclaimed “complete” in 1992. Today, more than 25% of all vehicle miles driven in the United States are on the Interstate Highway System. The original planners envisioned a massive network of freeways and highways stretching across the United States. This network was intended to safely transport the ever-growing number of vehicles in the country. While these intentions were good, the design of the highway system had some major flaws and has actually led to significant problems over the years. Car accidents on the highways and interstates are frequent and have numerous causes. Speeding, reckless driving, and intoxicated drivers make highways a dangerous place to be, especially during rush hour. However, another common cause of car accidents may very well be the road design themselves. Unfortunately, poor road design isn’t always easy to prove. Accidents that are caused by defective highways or poor road design require the skills of an experienced and aggressive law firm with the extensive resources needed to tackle these complex cases. Accidents caused by poor road or highway design Poor highway design is more common than many people believe. These defects and flaws in the road can cause serious and fatal accidents in Arkansas and Tennessee. Mistakes can occur at any point during the design, building, or maintaining of the highways. Construction errors can lead to joints popping up on the road, faulty repair jobs can result in increased potholes, and design flaws can result in sharp and deadly turns. Some of the most common types of poor highway designs are: Blind curves Poor guardrail placement or broken guardrails Poor geological consideration Steep shoulders No shoulders Poorly designed intersections Landscaping which obstructs vision Damaged or missing signs Roads not treated properly for snow or ice Poor lighting Poorly maintained streets Curves not graded properly Bad exit ramps Median barrier flaws Poor highway design can cause serious and fatal accidents. Here are some real-world examples of poor road design and how they can cause an accident. A guardrail that has not been properly placed or one that is broken will not protect vehicle occupants from injury during a crash. It can even cause the car to flip over the guardrail, leading to more catastrophic injuries. Potholes may seem like no big deal, but if you hit a bad pothole while traveling 55 mph on a highway, you could lose control of your car or have a tire blowout. This can cause you to run off the road or into other vehicles. Dangerous intersections may have malfunctioning lights, or there may be foliage obstructing your vision of traffic signs. This can cause you to run through the intersection and into oncoming traffic. A shoulder on the road is intended to provide a safe area for drivers if they need to pull over or if their car is malfunctioning. Inadequate shoulders could put your car in danger and may not allow you to exit your vehicle safely. Who Is at Fault for Accidents Caused by Poor Road Design Government agencies in Arkansas and Tennessee have a responsibility to design, build, and maintain the roads in these communities. If you believe that your accident was caused by poor highway design or maintenance, you may be able to file a claim against the appropriate government entity or the construction company that failed to meet the expected standard of care. Typically, in order to find fault, you must clearly establish that the road was designed or built with flaws or defects. If your accident was caused by improper road maintenance, you must show that the government entity knew or should have known that the road needed repair or maintenance and then failed to take appropriate action. If your claim is against the government entity, you must act quickly. Car accident victims only have a short amount of time to file a lawsuit against a government agency. As such, it is important to speak to an experienced and skilled car accident attorney immediately. We’re There When You Need Us If you’ve been injured in a car accident and you believe that poor road design caused your crash, speak to an experienced and skilled car accident lawyer immediately. Poor road design cases are complex and require a law firm with the experience and resources needed to fight these difficult claims. At Rainwater, Holt, & Sexton, our car accident attorneys fight aggressively for your future and will negotiate with the auto insurance companies on your behalf every step of the way.
Drowsy Driving Car Accidents
Drowsy Driving Accident Lawyers According to the CDC, more than a third of all adults do not get the recommended sleep they need to function properly. The results can be catastrophic when adults don’t get the recommended hours of sleep. Drowsy driving is one of the main causes of car accidents across the United States, accounting for at least 20% of all fatal crashes every single year. Even missing an hour of sleep can double your risk of getting into a crash. According to the AAA Foundation for Traffic Safety, missing two or three hours of sleep increases the risk of crashing by 400%. When a drowsy driver injures you or someone you love, you need a law firm on your side with experience handling these cases. You need Rainwater, Holt & Sexton. Our Arkansas drowsy driving accident attorneys have decades of experience building – and winning – cases against drowsy drivers. Call us today to schedule a free consultation and to learn more about your legal options.
Arkansas DUI Hit-and-Run Victim Awarded $900,000
Rainwater, Holt & Sexton Injury Attorney, Meredith Moore, represented Jaylin Anderson after he was run over by a drunk driver in Jacksonville of February 2018. Sharon Shinn, the defendant in this case, is a repeat offender, and has had five DUIs in three years. Anderson was out for a run, was hit by Shinn’s car... Read more »
Distracted Driving Accident Lawyers The emergence of smartphones and on-board infotainment systems has led to a dangerous epidemic of distracted driving. At every moment of the day, it is estimated that more than 660,000 people are using their cellphones while driving. In 2017 alone, distracted drivers claimed 3,166 lives and caused thousands of injuries, according to the National Highway Traffic Safety Administration. The National Safety Council has reported that cellphone use while driving causes more than 1.6 million crashes every single year. Even worse, because it is often difficult to prove distracted driving, these statistics may be just the tip of the iceberg. If you or someone you love has been injured in a distracted driving accident, your whole world may have been turned upside down in the blink of an eye. You are entitled to seek compensation for your injuries and for the damages you have suffered. The at-fault distracted driver is responsible for compensating you and your loved ones after a serious accident. Unfortunately, receiving the money you need – and deserve – isn’t always easy. Without an experienced Arkansas and Tennessee car accident attorney on your side, you may not recover enough to pay all of your expenses and losses both now and in the future. At Rainwater, Holt & Sexton, our distracted driving attorneys are here to help every step of the way. We’ll connect you with a talented car accident lawyer to ensure that you get the full compensation you deserve. Contact Us Now
What to Do After a Motorcycle Accident
What to Do After a Motorcycle Accident in Arkansas The aftermath of a motorcycle accident is chaotic. You may face serious physical injuries, mental trauma, and financial hardship. You may be unable to work and provide for your family as you attempt to rebuild your life. Motorcycles don’t have reinforced steel cages and airbags protecting their riders from injury. Motorcycles expose their riders to the harsh weather and the dangers of the open road. When an accident does occur, motorcyclists may suffer permanent disfigurement, long-term disability, or mental trauma. During this traumatic time, creditors and insurance companies often pressure injured accident victims to settle quickly. They do this to minimize their liabilities because they know how traumatic and life-changing motorcycle accidents can be. They want you to agree before you realize the severity of your injuries. While this may seem unfair, it is why motorcyclists need an Arkansas motorcycle accident lawyer on their side from the very start. The primary step you need to take after a severe motorcycle accident in Arkansas is to contact an experienced motorcycle crash attorney. You have enough on your plate just dealing with your injuries and your recovery. Let a motorcycle accident lawyer fight for you and collect the evidence you need to reach a fair settlement. If you are injured after a motorcycle accident, there are some steps you can take to help your lawyer build your case. The actions you take immediately following the accident could significantly impact your ability to collect compensation after your crash. GET FREE CONSULT NOW
Determining Fault in a Trucking Accident
Determining Fault in a Trucking Accident If you’ve been injured in a trucking accident in Arkansas, your life may never be the same. Trucking accidents are serious and complex – and they’re often life-changing. Trucking accident victims often face a long road to recovery, and many are left with permanent disabilities. But, the law is on your side. Negligent truckers, trucking companies and manufacturers can – and should – be held liable for your injuries and for the damages they caused. However, determining liability in a truck accident case is not as straightforward as it might first seem. Unlike a simple traffic accident, more players are involved including the driver, the owner of the truck, the entity that leased the truck from the owner, as well as many others. Sadly, due to the sheer size and weight discrepancy between commercial trucks and passenger vehicles, these accidents are often fatal. When an 80,000-pound commercial big rig collides with a 3,000-pound passenger vehicle, the results can be deadly. Commercial accident victims and their families need an experienced and compassionate trucking accident lawyer on their side from the very start. Your lawyer can protect your rights throughout the legal process, no matter how serious the accident and injuries may be.
Workers’ Compensation and Pre-Existing Conditions
Most of us have been injured at some point in our lives, whether it was a past sports injury or a more recent car accident. When you are injured at work, however, you may wonder how a pre-existing injury or condition will affect your ability to file a claim and how you can prove that... Read more »
Types of Compensation after Auto Accident
Types of Compensation After an Auto Accident After a car crash, you might struggle to recover from significant injuries. Your car might be totaled, and your life completely turned upside down. How will you collect the money you need to recover and rebuild your life? Unfortunately, not all car accident victims can collect compensation after a car accident. Collecting compensation depends mainly on the type of insurance you carry, the other driver’s insurance, and who is responsible for the crash. Can you collect compensation for medical expenses and other damages? Or are you on your own? When a car accident derails your life, you need answers, and you need a law firm on your side that can help you find those answers. At Rainwater, Holt & Sexton, our auto accident lawyers can help you collect the compensation you are entitled to, so you can focus on what’s most important – your recovery. GET FREE CONSULT NOW
Signs of Abuse
Signs of Nursing Home Abuse If you have an elderly or disabled loved one in a skilled nursing facility, the thought of that person falling victim to nursing home abuse is horrifying. Unfortunately, this kind of abuse does occur. The Arkansas nursing home abuse lawyers at Rainwater, Holt & Sexton Injury Lawyers are familiar with the laws... Read more »
Arkansas Nursing Home Abuse Injury Lawyers Residents’ Rights Right to Dignity, Respect, and Freedom As the resident of a nursing home, one has the right to be treated with consideration, respect, dignity, and to be free from abuse and neglect. Right to Be Fully Informed Residents should be fully informed of service charges, facility rules, and regulations,... Read more »
What is Workers’ Compensation?
An honest day’s work ends in an honest day’s pay. We’ve all heard that. Arkansas families have been living by that code since 1836. It’s a way of life. But … and on-the-job accident can turn that way of life upside down. Workers’ compensation insurance is a no-fault system designed to compensate a worker who has... Read more »
Do I Have to Participate in Vocational Rehabilitation?
Often times, when a person is injured at work, they end up with permanent restrictions that prevent the employee from going back to the job that he or she had at the time of the injury. This can be a very scary time for the employee and their family, because at first glance it looks... Read more »
What Benefits Can An Injured Worker Receive While Off Work?
One of the biggest misconceptions in a workers’ compensation claim is that the claimant is entitled to 100% lost wages while he or she is off work for a work related injury. In reality, there is nothing in the Arkansas laws that tells the claimant that they are entitled to recover 100% of their wages... Read more »
Farm Equipment Injury Claims in Arkansas
Arkansas is known for the incredible produce grown by our farmers. From being the leading producer of rice in the country, to growing staple crops such as cotton, corn, and grain, Arkansas is an important component in our nation’s hard-working farming community. But with that hard work comes risk. Heavy machinery is a must for planting and harvesting, which... Read more »
Why is a medical lien filed against me?
You were injured in a wreck that was not your fault. You are hurt, scared, mad, and more than a little confused as to why you are getting the bills when you were innocent in all of this? The bills you can handle, but A LIEN??!! What is this document you just received and why... Read more »
Types of Workers’ Compensation Benefits
Workers’ Compensation exists to help injured workers get back on their feet again. It’s a safeguard for hard-working people just like you who deserve a helping hand in the event of a serious accident on the job. But what kind of benefits can you secure through workers’ compensation? Here are 3 types of workers’ comp... Read more »