The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy…Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, … promptly and without delay.
Arkansas Constitution, Article 2, Sections 7 & 13

 

 

WHAT SHOULD I DO IF I AM INJURED?

  • Cooperate with your physician.
  • Return to your doctor, or doctors, when you have an appointment.
  • Tell your doctor about each of your complaints so they may make adequate records and document your injuries.
  • Never minimize your ailments to your doctors.  They, like your attorney, need to know the complete details of your injuries in order to adequately treat you.
  • However – just as important – never exaggerate your ailments.
  • If you fail to keep your appointments with your physician as set, you may not only fail to heal as quickly as you should, an insurance adjuster may not believe you were truly in pain and discomfort if you did not regularly consult with your doctor.
  • Take photographs or video of your injuries if possible.
  • Keep a journal that can be used to document your problems.
  • Keep track of your expenses to give to your attorney.

WHAT IF I AM INJURED BY A DEFECTIVE PRODUCT?

  • If you are injured by a defective product, make sure the product is not destroyed.
  • Save all labels, instructions, manuals and any other information on the product.

WHAT IF SOMEONE IN MY FAMILY IS WRONGFULLY KILLED?

  • Your attorney will have a personal representative appointed by the court, usually a next of kin.
  • An estate will be set up by your attorney.
  • Any action will be commenced in the name of the personal representative.
  • The personal representative will work directly with the attorney for the benefit of all family members entitled to recover damages under the law.

HOW LONG DO I HAVE TO BEGIN A CASE?

  • You have a set amount of time to pursue a claim.  This is known as the Statute of Limitations.
  • The Statute of Limitations varies in different cases.  You must consult with an attorney to determine the Statute of Limitations applicable to your particular circumstances.
  • Generally, the Statute of Limitations is two or three years for personal injuries, depending on the type of case.  However, time is always of the essence.  Memories fade.  Witnesses and evidence disappear.  Delay is never in the best interest of an individual injured or those who suffer the loss of a loved one.

HOW LONG SHOULD I WAIT?

  • The passage of time is almost always never in the favor of someone injured through the fault of another.
  • Witnesses may die or disappear, memories fade, and important evidence is misplaced, lost or destroyed.
  • Investigation should be commenced without delay to preserve evidence and gather information in order to be on equal footing with the wrongdoer or their insurance company, which most likely began its investigation immediately after the incident.
  • Insurance companies employ adjusters and investigators whose job is to gather information, talk to witnesses and begin preparation of the defense of a potential claim immediately, without waiting on a claim to be filed.

WHAT WOULD MY CASE COST?

  • Attorneys representing injured individuals or families that have suffered a wrongful death typically receive a portion of any recovery as a fee.  This is known as a “contingent fee” which allows the family to pay attorney’s fees and expenses only if a recovery is received.  Attorneys know an individual or family could, in most circumstances, never afford to pay the lawyer on an hourly basis, let alone pay for the extraordinary expenses associated with litigation.
  • Contingent fees typically are one-third (33 1/3%) of the recovery.
  • The attorneys fees may vary, however, depending on the difficulty of the case. Fees can be as high as fifty percent, but that is the exception.
  • The expenses of the case will be advanced by the attorney.  Typical expenses include investigatory work, hiring experts, taking depositions and general trial preparation work.  These expenses add up quickly, and by the time the case is ready for settlement or trial, they can be substantial. 
  • If you do not recover any money, you will not be required to repay these expenses.
  • In the event of a recovery, expenses for the case will then be repaid to your attorney out of any recovery.

WILL I HAVE TO PAY TO TALK TO AN ATTORNEY?

  • No.  We are happy to visit with you in the beginning if you have a potential case involving the death of a family member, nursing home abuse, airplane crash, a defective product or any other kind of case where you or a family member has been severely injured or killed.
  • Your potential case will be discussed and, in the event you have a meritorious case and we can assist you, you will then sign a fee agreement.

WHAT CAN I EXPECT TO RECOVER?

  • There is no set formula to explain how much you can or will recover.
  • All cases have different facts.  Generally, you can recover money for medical expenses, pain and suffering (both physical and mental), lost income in the past and future, lost physical capacity, and for any scars or disfigurement.
  • If the case involves a death, typical damages include funeral expenses, the loss of the monetary contributions of the family member killed, damages known as loss of value of life, pain and suffering of the deceased prior to death, the mental anguish experienced by family members, any other loss of services, guidance and support and, in some cases, punitive damages.

WHAT ARE PUNITIVE DAMAGES?

  • Punitive damages are damages a court may award in order to deter a person or company from committing similar acts in the future.  Such damages are awarded in cases where the defendant has committed egregiously unacceptable acts.  Punitive damages are awarded on top of any general and special damages (damages awarded for lost wages, hospital bills, pain and suffering, etc…) that a court awards.

WHAT IF I AM INJURED ON THE JOB?

  • If you are injured on the job, your claim will likely be covered by Workers Compensation, which may be your exclusive remedy.  However, a qualified attorney should be consulted to determine whether a “third party” may be responsible, which will allow a claim to be pursued against the responsible third party and also allow you to recover all applicable Workers Compensation benefits.
  • There will be exceptions, and typically only a qualified attorney can advise you if you may have a claim in addition to a workers compensation claim.
  • If you only have a workers compensation claim, your recovery is limited by the Arkansas Workers Compensation Act.
  • This is true, unfortunately, even if your employer was negligent in causing your injuries.  Thus, in most instances you generally are not able to sue your employer for negligence.  Workers Compensation will most likely be your exclusive remedy. However, as noted, typically only a qualified attorney can make that determination. There are exceptions to the Workers Compensation laws.

I WORK OVER 40 HOURS IN A WEEK AND MY EMPLOYER DOESN'T PAY ME OVERTIME, IS MY EMPLOYER VIOLATING THE LAW?

  • Under the Fair Labor Standards Act, an employer may be in violation of the law depending on what the duties your job consists of. Call us today at no-charge to discuss your situation.

MY EMPLOYER MAKES ME WEAR SPECIFIC GEAR THAT TAKES TIME TO PUT ON AND TAKE OFF. SHOULDN'T I BE PAID FOR THAT TIME?

  • Your employer may be required to compensate your time. Your specific situation needs to be analyzed in detail which can only happen with a phone or in-person meeting. Many employees don’t worry about not being compensated for this time because it only takes ten minutes or so to put on or take off their gear. For such an employee that spends ten minutes suiting up and ten getting out of gear and works 5 days a week with two weeks of vacation, that time adds up to over 83 hours worked without pay.

I WAS TOLD THAT MY EMPLOYER SHOULD BE GIVING ME BREAK TIMES BUT I OFTEN DON'T GET MY BREAK, IS MY EXPLOYER VIOLATING THE LAW?

  • Possibly, your specific situation will need to be looked at in detail, call us today so that we can help you understand your rights.