Springdale Personal Injury Lawyer

Do I Need a Personal Injury Lawyer?

If you suffered an injury of any kind or vehicle damage from an accident, it is always best to speak to an experienced personal injury lawyer about your case. At Rainwater, Holt & Sexton, we offer free initial consultation so you have nothing to lose! We know you have questions and we want to learn your story so we can help answer those questions.  If you answer yes to any of these questions, you may need to hire a personal injury lawyer in Springdale.

• Did you suffer an injury?
• Did you suffer a permanent disability?
• Was someone else at fault for the accident?
• Are you unsure who is at fault for the accident?
• Are there multiple parties involved?
• Is the insurance company delaying or denying your claim?

A personal injury attorney can help you recover both economic (car repairs, lost wages, medical bills, etc.) and non-economic damages (pain and suffering, loss of quality of life, etc.) to ensure that you receive maximum compensation.

Do I Have a Personal Injury Case?

After an injury accident, you may not know if you can file a lawsuit or a claim against the responsible party. What is the best way to proceed, and how can you get the money you need?

Though we can’t tell for certain whether you have a case without meeting with you and hearing your story, we can offer some basic legal guidance that can help you decide whether you need an attorney. In Springdale, most personal injury cases are based on the doctrine of negligence.

To win your lawsuit, you need to prove four elements:

1. Duty. The defendant owed you a duty of care (for example, a duty to drive safely).
2. Breach. The defendant failed to meet the standard of care (for example, by speeding).
3. Causation. The defendant’s actions were the cause of your harm.
4. Damages. You suffered harm as a result of the defendant’s negligence.

The best way to determine if you have a personal injury case in Springdale is to call our law office today to set up your free initial consultation with a lawyer. We want to meet with you personally to discuss the details of your case so that you can explore all your legal options and make an informed choice.

What If I Am to Blame for the Accident Too?

Many injured car accident victims believe that if they partially cause the accident, then they can’t collect any compensation. This is not true. Even if you share liability for the accident, you may still be able to file a personal injury lawsuit against the other party.

Like many states, Arkansas follows the doctrine of modified comparative fault, which means that you can pursue damages as long as you are 49% or less at fault for the collision.

If you’re not sure whether you’re at fault, give us a call. A personal injury attorney can help you determine all your legal options in Springdale, so you can choose the path that fits you best.

How Do I Know If I Am Hurt Enough to Hire a Personal Injury Lawyer?

It is another common misconception that only severely injured accident victims in Springdale need a personal injury lawyer. In fact, the insurance company may tell you this very thing. However, this is not true. Minor injuries can quickly take a turn for the worse or result in long-term disability. Even if you weren’t hurt badly, we can help.

Take concussions, for example. Insurance adjusters and injured accident victims often consider concussions to be minor. While many cases of concussions will resolve on their own, some result in chronic pain and disability. Since these are “invisible” injuries, many insurance adjusters deny these personal injury claims altogether. However, post-concussion syndrome is very real and can result in significant long-term pain and suffering, suffering for which you should be compensated.

What a Personal Injury Attorney Does

Our seasoned personal injury attorneys advocate for victims in Springdale injured by the careless, reckless, or intentional actions of another. We investigate accidents, collect crucial evidence, calculate damages, and handle communications and negotiations with insurance companies. If the insurance company agents fail to agree to an acceptable settlement, they file a civil lawsuit and represent you during the trial.

Case Evaluation and Legal Advice

A qualified personal injury attorney investigates the incident, evaluates damages, and represents victims, advocating on their behalf and fighting for fair compensation. They determine whether you have a valid claim for damages by reviewing the facts of the accident, gathering evidence, and assessing the damages involved.

They also calculate your total financial losses and non-monetary injuries, such as pain and suffering. A thorough case evaluation includes reviewing police officer reports, medical records, and witness statements. After the review, they provide legal advice and help tailor a claim that aligns with your needs.

Investigation and Evidence Gathering

We independently investigate your accident to gather the crucial evidence needed to prove fault and support your claim for damages. That includes collecting reports, surveillance footage, medical records, and witness statements. We obtain all the evidence necessary to build a solid foundation for your claim and secure the maximum settlement.

The first step in a prompt accident scene investigation is critical to preserving and documenting the scene before conditions change. A lawyer collects physical evidence, such as debris, property damage, or hazardous conditions that may have played a role. Visual records are also vital, including photographs and videos, bodily injuries, and the surrounding environment.

That also includes surveillance footage if available, such as from traffic cameras, nearby businesses and homes, or dashcams that captured the event. The steps legal counsel takes during the investigation include the following:

• Contacting witnesses for eyewitness accounts, including neutral bystanders, to interview them and take recorded statements
• Reviewing the victim’s medical records, including emergency treatment, surgical procedures, hospital stays, and physical therapy, to clearly document the severity of the injuries and help calculate the value of the case
• Expert analysis, such as accident scene recreation specialists
• The police officer’s accident report, traffic citations, incident logs, and any other documentation necessary to give a clear picture of how the incident happened and who was at fault

After they have all the necessary documents, they calculate the value of your injury claim.

Calculation of Damages

We calculate the out-of-pocket financial losses you sustained as a result of the accident. That includes medical expenses, lost wages, benefits, and earning capacity, and the costs to repair or replace your vehicle. Next, we calculate your non-economic injuries, which are the personal impact of the injuries you sustained, like psychological distress, pain, and suffering.

Insurance Company Negotiations

After reviewing all of the evidence and documentation and calculating your total damages, we draft a detailed demand letter to send to the defendant’s insurance company adjuster. This will begin the negotiation phase, and we will handle all of the communications to fight for a fair settlement amount.

Insurance companies aim to settle quickly and minimize the payout. Our skilled personal injury lawyers understand the tactics they use and act as a buffer between you and insurers.

Litigation and Trial

While most cases settle during the negotiation phase, the insurance adjuster occasionally fails to offer an acceptable settlement amount. In that case, we represent you at trial to fight for maximum compensation.

What To Do After an Accident

After an accident, you may not know what to do next. You may have already sought medical help and filed a police report. Perhaps you are home and tending to your recovery. Is there anything you can do to help your case?

Fortunately, the answer is yes! In the days and weeks that follow the accident, it is important to do whatever you can to help preserve your case, including:

• Follow your treatment plan
• Attend all therapy sessions and doctor’s appointments
• Gather copies of all medical bills and receipts, including OTC medications
• Do not post anything about your accident on social media
• Do not get your car repaired too quickly
• Call a personal injury attorney with experience handling Springdale accident cases
• Do not talk to the insurance adjuster
• Do not give a recorded statement
• Avoid going back to work too quickly
• Make sure you obtain copies of the police report and check them for errors

The most important step you can take after an injury accident is to contact our personal injury law firm. We can take on the legal burdens for you so that you can focus on your recovery.