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What is Personal Injury?
Personal injury encompasses that area of the law known as “torts.” A person commits a tort when he or she injures another person because of negligence or some other type of fault. Typically, a tort involves an accident, such as when one driver is momentarily distracted and collides with another car.
Negligence is a failure to exercise ordinary care. Essentially, it is carelessness. When carelessness causes an injury, the injured person has a claim for damages. This is a personal injury claim.
How Arkansas Personal Injury Attorneys Can Help
In many cases, such as when injury is caused by the driver of a car, the negligent party has liability insurance that will cover the claim made against them. The injured party is often contacted by the negligent party’s insurance company soon after the accident and asked to provide information about the accident. Insurance claims representatives are often very professional and courteous, and they will often offer money to settle the injured party’s claim on behalf of the other driver.
For smaller accidents, an injured party dealing directly with an insurance company may be advisable. However, for more significant injuries, where medical attention was needed and where the injured party lost time from work, it is often a good idea to hire an attorney to handle the claim.
The other driver’s insurance company does not represent the interests of the injured party, and they often try to settle claims for much less than the injured party may be legally entitled to recover. Arkansas personal injury attorneys will represent only the interests of the injured party, and in almost all cases will claim a fee only if a recovery is made on the client’s behalf.
How an Arkansas Personal Injury Attorney Can Help
When negligence results in injury, an injured party suffers loss in various ways. The law allows an injured party to pursue damages to recover those losses. Common types of damages recoverable in a personal injury case include:
- Medical expenses
- Pain and suffering
- Lost wages
- Loss of ability to earn
- Scarring and disfigurement
The families of those who have died may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.
If the actions causing injury are malicious or so reckless that intent to harm can be inferred, the responsible party can be liable for punitive damages to punish wrongful conduct and deter similar conduct in the future.
Victims of negligence and their families are encouraged to seek the counsel of a personal injury attorney to learn more about their rights and remedies.