How Do I Know if I Have a Personal Injury Case?
Posted on Friday, February 24th, 2023 at 6:16 pm
After any accident, powerful feelings of uncertainty, anxiety, and helplessness overwhelm most accident victims. If you suffered an injury in the accident, you probably have countless questions as you wonder what to do next. You may ask, “Do I have a right to some money for my losses?” If so, how do I seek this compensation? If another person caused the accident but has refused to admit fault, an attorney can help.
The personal injury attorneys at McCutchen Napurano - The Law Firm will work as zealous advocates on your personal injury case to assert your right to compensation.
Until you talk to an experienced personal injury attorney, here are five ways to help you determine if you have a personal injury claim.
You Have Proof of the Defendant’s Fault
It is critical to a personal injury claim that you have evidence to show the defendant’s fault in causing your injuries. An insurance company or judge will not simply take your word over the other party’s. It will be important to gather concrete evidence showing how the other party caused the accident that injured you.
For example, if you have eyewitness testimony that the defendant ran a red light, you have evidence of fault. Any videos or photographs of an accident scene that demonstrate the defendant’s carelessness are also valuable evidence. These forms of evidence are common since many public and private locations use surveillance cameras. Also, since anyone can use their phone as a camera in any situation, it increases the possibility that a witness will have photographic evidence of the incident.
The Defendant Admitted Fault
If any participant in the accident causing you to suffer injuries admits fault, you might seek to hold them accountable in a personal injury case. Interacting with the other driver after a motor vehicle accident or the property manager after a slip and fall accident always presents the opportunity for someone to admit fault for the accident. Defendants often try to later renege on making these statements. Proof, such as a text message or eyewitness statement, supporting your allegation that the defendant admitted fault might arm your personal injury attorney with sufficient evidence in a personal injury case.
Your Fault Was Minimal or Nonexistent
Arkansas allows personal injury claimants to pursue some recovery for the losses they suffer in an accident, even if they are partially at fault. However, Arkansas law prevents persons equally at fault from receiving anything in a personal injury case. If you are 50 percent or greater at fault for causing an accident, Arkansas law bars you from recovering compensation for injuries suffered in an accident. Oklahoma follows a similar rule, although its statute phrases the rule differently.
You Suffered Substantial Injuries
If you suffered severe injuries and have supporting medical evidence, you might have a claim for personal injury. Injuries such as a fracture or brain, neck, or back injury, represent significant harm from the accident. Severe injuries that are verifiable by medical professionals further support your claim. The severity of injuries helps establish credibility since your circumstances indicate you are not filing a frivolous personal injury claim.
You Incurred Losses as a Result of the Accident
Personal injury law requires that a party incur losses to succeed in a personal injury case. If your injuries require x-rays, MRIs, or other treatment, you have already incurred significant medical bills adding up to hundreds, if not thousands, of dollars of losses. However, you must have sufficient evidence of your treatment and costs, or you may not receive a full recovery. Medical bills, records, and reports are examples of what you will need to prove your losses.
Contact an Experienced Arkansas Personal Injury Lawyer
If you suffered injuries in an accident that another party caused, contact a knowledgeable personal injury attorney at McCutchen Napurano - The Law Firm today. We are experienced attorneys who have acted as tireless advocates for clients in Arkansas and Oklahoma for over three decades.
The Fort Smith personal injury attorneys at McCutchen Napurano - The Law Firm can help pursue the fair compensation you deserve. Call McCutchen Napurano - The Law Firm today at (479) 783-0036 for a free consultation. We can evaluate your case and help determine if you have a personal injury claim.