How Do You Know If You Have a Valid Personal Injury Case?

When you sustain serious injuries in an accident, one of the most important questions you need to answer is whether or not you have a valid personal injury case.

Why? Because filing a personal injury case is the only way to seek fair compensation for your losses from the accident—and these losses could be substantial. From medical bills to lost wages, the financial costs of a serious accident can add up quickly, and yet these costs can pale in comparison to the non-financial costs of living with physical injuries and emotional trauma.

5 Steps to Assess Your Legal Rights After a Serious Accident in Arkansas 

So, how do you know if you have a valid personal injury case? Here is an overview of the major steps involved in assessing your legal rights after a serious accident in Arkansas:

1. Hire a Personal Injury Lawyer to Conduct a Thorough Investigation 

The first step toward determining if you have a valid personal injury case in Rogers, Arkansas is hiring a lawyer to investigate your accident. This is true for all types of accidents—from car, truck, and motorcycle accidents to slips, trips, and falls. 

The purposes of this investigation are twofold: (i) to determine why the accident happened; and, (ii) to determine who (or what company) is to blame. To file a personal injury case in Arkansas, you need clear and comprehensive evidence of who (or what company) is responsible for your accident-related losses. This makes promptly conducting a thorough investigation is a critical step in the process. 

2. Get the Medical Treatment You Need 

Along with hiring a Rogers personal injury lawyer to conduct a thorough investigation, your other top priority should be getting the medical treatment you need. Not only is this important for your health, but it is also important for preserving your ability to pursue a successful personal injury case in Arkansas. 

Why? Because in addition to being able to prove who (or what company) is responsible for the accident, you also need to be able to prove that your injuries—and the costs associated with them—resulted from the accident. The sooner you obtain a diagnosis and begin treatment, the more difficult it will be for the at-fault party to claim that your costs are not accident-related. 

3. Work with Your Lawyer to Calculate Your Financial Costs from the Accident

Once you have hired a lawyer to investigate your accident and obtained initial treatment for your accident-related injuries, the next step is to work with your lawyer to calculate your financial costs. This will help you determine whether pursuing a personal injury case is worth it. Common financial costs resulting from serious accidents include:

• Medical expenses for diagnosis, treatment, therapy, and rehabilitation 
• Prescriptions, medical supplies, transportation, and other out-of-pocket costs
• Loss of income (including wages, salary, tips, and commissions) and benefits 

An experienced personal injury lawyer will be able to help you not only add up your financial costs to date, but also forecast your financial costs in the future. Then, you can use this information to decide whether you are willing to put in the time and effort to seek the financial compensation you deserve. 

4. Work with Your Lawyer to Calculate Your Non-Financial Costs from the Accident

Before you make a decision, however, you will also want to consider your non-financial costs. These costs could potentially far exceed your financial costs from the accident, so this is a critical step in the process as well. Common non-financial costs in personal injury cases include:

• Pain and suffering
• Emotional trauma
• Loss of consortium, companionship, and enjoyment of life

Here too, you will need to work closely with your lawyer to determine not only your costs to date, but also the costs you are likely to incur in the future. If you have non-financial costs that you are entitled to recover, this could play a major role in your decision about how best to move forward. 

5. Address Any Potential Concerns About Comparative Fault in Arkansas

Finally, determining whether you have a valid personal injury case will also require careful consideration of Arkansas’s “comparative fault” law. This law applies when accident victims are partially to blame for their own injuries. If comparative fault is an issue in your case, you will need to work closely with your lawyer to ensure that you are asserting your legal rights effectively.

Get Started with a Free, No-Obligation Consultation Today 

Do you think you may have a valid personal injury case in Rogers, Arkansas? If so, we encourage you to contact us promptly for a free, no-obligation consultation. During your initial consultation, our personal injury lawyer will listen to your story, assess your case, and explain your rights and options.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.